La Quinta City Council
January 16, 2024

Exhibit A
Scope of Services
[See Attached]
131 CLICK HERE to Return to Agenda
Date
1/10/2024

CITY STATE STATE ZIP
CA CA 92253
Contact: Billing Contact:

Phone/Email:(760) 777-7085 Phone/Email: 760-777-7000
Quantity Product # Unit Price Total Price
2 XERB315/DNI
9 XERC8135/T2
9 D5133NT
9 097S05019
9 497K16430
1 XERB310/DNI
1 U8PH4E
1 HPDJT83036
2 497K20600
2 097S05019
2 097S05020
2 D5133NT
2 XERC8155/H2
3 XERC315/DNI
TRUE
Subtotal $118,119.99
TOTAL AMOUNT $118,119.99
Less Payment (Check #: )
AMOUNT DUE $118,119.99
Date
La Quinta La Quinta
Description
XEROX B315 MULTIFUNCTION PRINTER, PRINT/COPY/SCAN/FAX, UP TO 42 PPM, Xerox Altalink C8135/T2 35 PPM W/ 2 Tray Color A3 Toner Included SPEC DEALERSHIP WILL TRANSFER AND DELIVER TO BUYER AND BUYER WILL ACCEPT AND PAY FOR THE FOLLOWING MERCHANDISE. 92253
[email protected]
Doug Kinley III
Sales Order Agreement
Ship To Bill To
**City Of La Quinta**
Sales Rep
Stan Maze

CUSTOMER NAME CUSTOMER NAME
Comments/Special Instructions
ESP Power Filter Ntwk/Fax 120/15 Pigtail + 2 Receptacles (Replaces TBF15) (PM-15 Spec Office Finisher Altalink C81xx & B81xx series
Xerox One Line Fax 7800/ 8000/ 8100 Series A3
Xerox B310/DNI B/W A4 42ppm Pritner w/2-sided Printing Inc. Startup Toner Spec HP 5 Year Warranty Next Business Day DesignJet T830-36 MFP Hardware support Carepack Spec HP DesignJet T830 36" Wideformat MFP Color Printer (F9A30D) Spec 2/3 Hole Punch For Office Finisher Altalink C81xx series Office Finisher Altalink C81xx & B81xx series
Xerox HCap Feeder 3000 Sheets A4/Letter C8100/B8100 series A3 SPEC ESP Power Filter Ntwk/Fax 120/15 Pigtail + 2 Receptacles (Replaces TBF15) (PM-15 Spec Xerox AltaLink C8155 55PPM A3 Color MFPW/ HiCap Tandem Tray Xerox C315/DNI Wireless Laser Multifunction Printer - Color Terms: The Dealership equipment indicated above is purchased under standard terms which are 1) The Seller retains title to all equipment and supplies subject to this agreement until purchase price is paid in full. 2) in the event Buyer defaults in payment, the Buyer will be liable for the payment of any legal fees or other costs incurred in any action to collect this debt. General terms and conditions of maintenance agreement are furnished separately. This is a BINDING ORDER not subject to cancellation. This order cannot be changed except in writing by a Company Officer. There is a 1.75% monthly fee on all past due balances. Delinquent accounts sent to an outside collection agency will be assessed 35% if the balance is over $200.00 and 50% if the balance is under $200.00. There is a $35.00 fee for all returned checks.

Customer Acceptance
Authorized Signature Print Name Title
Plus applicable taxes

SHIP TO ADDRESS BILL TO ADDRESS
**City Of La Quinta**
78495 Calle Tampico

ZIP CITY
78495 Calle Tampico
Sales Order
[NOT FINAL] 132 CLICK HERE to Return to Agenda
By:
$0.0000 $0.0000
NOTE: 5 year fixed cost per page. 14000 BW and 14000 Color pages included monthly for the AltaLink devices to share. All other devices to be invoiced for prints as used when used.

THIS AGREEMENT IS SUBJECT TO THE TERMS AND CONDITIONS PRINTED ON THIS PAGE, THE REVERSE SIDE, ATTACHED EQUIPMENT LIST, ANY APPLICABLE ADDENDUMS, ALL OF WHICH PERTAIN TO THIS AGREEMENT AND WHICH YOU ACKNOWLEDGE HAVING READ. THIS AGREEMENT IS NOT BINDING UNTIL ACCEPTED BY US. YOU CERTIFY ALL ACTIONS REQUIRED TO AUTHORIZE EXECUTION OF THIS AGREEMENT, INCLUDING YOUR AUTHORITY, HAVE BEEN FULFILLED.

CUSTOMER: (As Stated Above)
$0.0068 $0.0329
$0.0229 $0.0000
Xerox AltaLink C8155/H2
Authorized Signature
X Doug Kinley III
Date:
**Installation of meter collection software is required for all print devices as specified in the full terms and conditions. Failure to provide access to monitoring software, will result in a $20 monthly admin fee per device for manual meter collection. DCA option declined-please understand that all service, supplies and meter reads will be a manual process requiring input from you the customer. **Base Charges are billed in Advance and Overage are billed in Arrears. **Billing payment period is monthly unless otherwise indicated.

Agreement Options
Special Provisions:
$0.0068 $0.0329
Agreement Summary:

See Appendix B NO Sales Rep: Stan Maze
$0.0000
Device Make/Model#
Xerox XERB315/DNI
Xerox XERC315/DNI
Xerox AltaLink C8135/T2
Contract Usage Per
Image Charge

MONO COLOR MONO
$0.0229 $0.0599
$0.0229

RIVERSIDE
Xerox B310/DNI
Monthly Service
Base Amount
Install Location
*if different from above
Monthly Image
Allowance
County
78495 Calle Tampico La Quinta CA 92253
COLOR
$555.80
BILL TO ADDRESS (If different from above) City, State and Zip Total Consolidated Monthly Image Allowance Base 14,000 14,000 CUSTOMER (hereinafter referred to as "You" or "Your") DATE: 1/10/2024

FULL LEGAL NAME
**City Of La Quinta**
INSTALL ADDRESS City, State and Zip County
78495 Calle Tampico La Quinta CA 92253 RIVERSIDE

METER COLLECTION SOFTWARE CONTACT EMAIL ADDRESS PHONE NUMBER Equipment
Included: All Travel, Parts and Labor (including drums, PM kits, toner and developer), Access to the Smart Center.

Not Included: Paper, Staples, Exterior Plastic, and Glass Electronic Invoicing Yes
Base Billing Frequency Monthly
B/W Usage Billing Frequency Monthly
Color Usage Billing Frequency Monthly
Contract Term 12 Month
Monitoring Software Yes/$0
Title:

Print Name
Maintenance Agreement
[NOT FINAL] 133 CLICK HERE to Return to Agenda
By: X
Authorized Initials
Date:

Maintenance Terms & Conditions

GENERAL TERMS

1. Definitions. The words "you" and "your" mean the legal entity identified in "Customer Information" fields above, and "we," "us" and "our" mean Visual Edge IT. "Device(s)" means the items identified in "Equipment" above and in any attached Equipment Schedules, or future Addendums. "Base" rates refer to static monthly charges for service. "Allowance" means the number of copies included in the Base charge. "Usage Per Image Charge" means the applicable prints or copies made in excess of any stated allowance.

2. Payments and Late Payments. You agree to pay us the full amount due for all Base charges, Usage charges, and billable service or supply charges by the due date listed on the invoice. If any amount payable to us is not paid when due, you will be subject to interruption of covered services and a late charge up to three (3) percent of the overdue balance. Billing disputes must be submitted to us no later than the due date listed on the invoice to avoid late charges or service interruption. ACH or Credit Card draft payment method may be required for certain coverage plans or contract terms.

3. Renewal. We may annually increase both the Base rate and Overage rates by amounts determined at our discretion, but not to exceed 15% of the then current payment and/or rate in each year.

4. Term. The term of this agreement will be based on the length selected above or based on the length of active lease agreements, whichever is longer. Minimum term requirements may vary based on equipment lease agreements and selected coverage plans. Commencement date and coverage will begin on the date of new equipment installation or ten (business days) from the date of confirmed monitored status, whichever is later.

5. Covered Equipment. Services selected above will be provided to those devices listed under Equipment.

6. Cancellation Notice. We maintain responsibility covered under customer selected services for the full term of this agreement until either party provides written notice of cancellation with 60-days' notice. If your agreement term is based on an active equipment lease agreement, all lease terms and conditions must be met before cancellation requests are accepted. If we elect to cancel this agreement, written notice will be sent to the contact and address listed above.

7. Liability. The parties agree that we will not be liable for any consequential damages of any nature caused to the business or property of Owner of Equipment ("Company") by any failure, defect, or malfunction of equipment to be maintained by us.

8. WARRANTY. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, WE WARRANT (A) THAT ALL PERSONNEL PERFORMING SERVICES HEREUNDER BY OR

ON BEHALF OF US WILL HAVE APPROPRIATE TRAINING AND EXPERIENCE AND (B) ALL EQUIPMENT IS IN ACCORDANCE WITH INDUSTRY STANDARDS, AND ALL SUPPLIES AND MATERIALS ARE OF GOOD QUALITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING (AND WITHOUT LIMITING ANY OBLIGATION OF US TO MAKE REPAIRS UNDER

THIS AGREEMENT), YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT IN NO EVENT SHALL ANY MANUFACTURER'S WARRANTY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, BE DEEMED GIVEN BY OR OTHERWISE TRANSFERRED OR APPLIED TO US.

9. EQUIPMENT WARRANTY DISCLAIMER. WE HAVE MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOODS AND SERVICES BEING PROVIDED THAT HAS BECOME ANY BASIS OF THIS BARGAIN. FUTHER, WE HAVE MADE NO AFFIRMATION OF FACT OR PROMISE RELATING TO THE GOODS OR SERVICES BEING PROVIDED THAT HAS CREATED OR AMOUNTED TO AN EXPRESS WARRANTY THAT THE GOODS WOULD CONFORM TO ANY SUCH AFFIRMATION OR PROMISE. WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE GOODS OR SERVICES PROVIDED BY THIS AGREEMENT. WE DISCLAIM ANY WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSES WHATSOEVER WITH RESPECT TO THE GOODS OR SERVICES BEING PROVIDED UNDER THIS AGREEMENT. COMPANY AGREES THAT WE SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM AN ALLEGED BREACH OF THIS AGREEMENT BEYOND THE COST OF ONE YEARS SERVICE AND MAINTENANCE UNDER THIS AGREEMENT.

10. GOVERNING LAW, CONSENT TO JURISDICTION AND VENUE OF LITIGATION. THIS AGREEMENT AND EACH SCHEDULE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. YOU AGREE THAT ANY DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT WILL BE ADJUDICATED IN THE FEDERAL OR STATE COURT LOCATED IN LUBBOCK COUNTY TEXAS. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN THAT COURT AND WAIVE ANY RIGHT TO TRANSFER VENUE. EACH PARTY WAIVES ANY RIGHT TO A TRIAL BY JURY.

BREAK/FIX SERVICE TERMS

1. We agree to maintain all equipment listed, in a normal operating condition. All costs for Labor, Parts, Travel and Service will be borne by us, subject to the terms of this agreement and based on specific plan options selected. Non-covered charges for labor, parts, or travel will be billed at the then current rates.

2. All necessary parts will be replaced, at no additional cost, provided the cost of those parts does not exceed the total value of the equipment. If the cost of necessary parts exceeds the total value of the equipment, we will notify you with suggested replacement options. Replacement cost is your responsibility. If the replacement is purchased from us, a trade-in credit may be offered toward the cost of a new device.

3. We will not be responsible for maintenance in the event of: Damage caused by Accident, Misuse, Act of God, Line Voltage Problems, Neglect or Failure To Follow Factory Operating Instructions, or if maintenance or repairs are performed by anyone other than our personnel. It also ceases if competitive supplies are used, or if the damage occurs as a result of your abuse or improper handling of the device or supplies.

4. All equipment will be serviced upon your request, during our normal business hours (8 a.m. to 5 p.m. local time, except weekends and VETIT holidays). Request for service outside our normal business hours will be provided on a best effort basis and, if available, will be billed at overtime rates plus travel.

5. We, at our discretion, may authorize our approved maintenance subcontractors or approved service providers to perform maintenance and repairs to the Devices. Devices located outside our local service areas will require subcontractor coverage for any onsite service needed.

TONER AND SUPPLY TERMS

1. Toner and ink consumables, will be borne by us for all devices covered by this agreement and actively reporting through the Monitoring Software. We agree to supply you with all toner and ink consumables required to operate the Devices. We agree to provide auto supply replenishment for those devices using Monitoring Software. You must purchase staples and paper separately.

2. All toner and ink consumables provided as a part of this agreement in the standard course of business or as Safety Stock shall at all times remain our property. You may use the toner and ink consumables pursuant to the terms of this Agreement, but you shall not have any ownership rights in or to the toner or ink consumables. You shall promptly return to us all unused items supplied by us under this agreement. You shall not be charged for any toner or ink consumables in use upon the expiration or termination of this Agreement. Any items not returned shall be billed by us to you at the then current cartridge retail purchase price.

3. Auto supply replenishment is scheduled based on individual device performance, coverage, and usage, and may vary. Waste Toner Containers are not available for auto shipment. Other certain items may not be eligible for auto shipment based on device model and supply item type. Covered items not eligible for auto shipment will be provided at no additional cost, but must be requested by you as needed to allow for standard shipping time. Additional requests for toner and ink consumables will be subject to approval based on current usage and shipment history. Any customer request for additional items will be considered Safety Stock unless otherwise approved.

Flat rate overnight shipping amounts can be quoted at the time of order.

4. Cost-per-image and cartridge pricing is based on an industry-standard 5% page coverage model. Toner and ink consumables ordered or requested based on excessive page coverage may be subject to a mid-term cost-per-image escalation or billing for additional cartridges.

5. Any defective toner or ink consumable items provided to you by us must be reported and returned to us within 30 days of receiving a replacement item. If defective item is not returned, the replacement item may be billed at then current retail price. Standard shipping for defective items and replacements will be covered by us.

METER READING REQUIREMENTS
Monthly meter readings are required for each covered device.

1. Meter collection. Those devices reporting through Monitoring Software will be collected by us. Devices not reporting for any reason will require your submission until monitoring is restored.

2. Estimated Meters. Estimated meters are based on historical volume usage. If historical volume usage is unavailable, a minimum estimation of 50 mono impressions will be applied. If estimated meters are issued for three (3) consecutive billing cycles, you may become subject to invoicing monthly data collection fees and prevailing hourly billable rate for labor and travel to collect accurate meter readings.

3. Meter Adjustments. Any billing issued based on estimated meters are not eligible for billing adjustments, but will not be responsible for additional overage charges until current meters exceed billed meters. Additional estimations will cease until such time that the current meters exceed previously billed estimates, as long as accurate meters are being submitted monthly.

MONITORING SOFTWARE. Monitoring Software is involved, You grant Permission to Install and Maintain.

1. Customer Refusal or Non-Response. Customers refusing these Monitoring Software terms or not-responding to our requests for installations or updates may disqualify printing devices from certain coverage, delay existing services, or become subject to invoicing monthly data collection fees and prevailing hourly billable rate for labor to collect meter readings.

2. Device Changes. You agree to notify us in writing of any contact person or location changes regarding covered devices. You assume responsibility for estimated meter readings, delayed service and supply fulfillment in the case of device changes not reported.

ANALYST CONSULTING & SMART CENTER ANALYST SERVICES

1. If Analyst Consulting services are included in the purchase of a printing device from us, our trained and certified employees will work with your IT personnel (if applicable) to setup all covered equipment and software, according to machine configuration, following equipment delivery for the first ninety (90) days following installation. Following the completion of those 90 days or in the case that Analyst services were not included in the Purchase Agreement, you will be responsible to complete the work yourselves or agree to pay us to provide the work at standard billable rates.

2. Smart Center Analyst Services are considered separate and apart from Break/Fix technical services [NOT FINAL] 134 CLICK HERE to Return to Agenda
SLG-VEIT-ADDENDUM – 11.28.23
Visual Edge IT, Inc.
650 E. Hospitality ln.

San Bernardino, CA. 9240

SLG AGREEMENT ADDENDUM
Reference is made to that certain Agreement (“Agreement”) by and between VISUAL EDGE IT, INC. (“VEIT”) and La Quinta, City of (“Customer”) dated.

Any capitalized terms used in this Addendum which are not defined shall have the definitions set forth in the Lease.

The Parties agree that the following sections replace or modify the corresponding sections in the Agreement and are hereby incorporated therein.

2. OWNERSHIP; PAYMENTS; TAXES AND FEES: Remove the following; - “If any part of a Payment is more than 5 days late, you agree to pay a late charge equal to: a) the higher of 10% of the Payment which is late or $26.00, or b) if less, the maximum charge allowed by law.” - “You agree to pay us a yearly processing fee of up to $125 per asset for personal property taxes we pay related to the Equipment. You agree to pay us a fee of up to $50 for filing and/or searching costs required under the Uniform Commercial Code ("UCC") or other laws. You agree to pay us an origination fee of up to $150 for all closing costs.”

12. LAW; JURY WAIVER: Replace the 2nd sentence with the following; - “THE JURISDICTION AND VENUE OF ANY ACTION TO ENFORCE THIS AGREEMENT, OR OTHERWISE RELATING TO THIS AGREEMENT, SHALL BE IN A FEDERAL OR STATE COURT IN California COUNTY, Riverside County.” Additional Section: Non-Appropriation. Your obligation to pay the Payments and any other amounts due is contingent upon approval of the appropriation of funds by your governing body. In the event funds are not appropriated for any fiscal period equal to amounts due under the Agreement, and you have no other funds legally available to be allocated to the payment of your obligations under the Agreement, you may terminate the Agreement effective on the first day of such fiscal period (“Termination Date”) if: (a) you have used due diligence to exhaust all funds legally available; and (b) VEIT has received written notice from you at least 30 days before the Termination Date. At VEIT’s, or its assignee’s request, you shall promptly provide supplemental documentation as to such non-appropriation. Upon the occurrence of such nonappropriation, you shall not be obligated for payment of any Payment for any fiscal period for which funds have not been so appropriated, and you shall promptly deliver the Equipment, as per the terms and conditions of the Agreement to the Dealer (or such other party as we may designate) as set forth in the return provisions of the Agreement.

In the event of any conflict between the terms of the Agreement and the terms above, the terms above shall control.

VISUAL EDGE IT, INC. La Quinta, City of
Accepted by: ____________________________ Authorized signor: ____________________________ Name/Title: _____________________________ Name/Title: _____________________________ Date: _______________ Date: ____________
135 CLICK HERE to Return to Agenda
Visual Edge IT, Inc.
650 E Hospitality Lane, Suite 500
San Bernardino, CA 92408

SLG AGREEMENT ADDENDUM, MAINTENANCE AND SUPPLIES
Reference is made to that certain Agreement (“Agreement”) by and between VISUAL EDGE IT, INC. (“VEIT”) and La Quinta, City of (“Customer”) dated.

Any capitalized terms used in this Addendum which are not defined shall have the definitions set forth in the Lease.

The Parties agree that the following sections replace or modify the corresponding sections in the Agreement and are hereby incorporated therein.

13. MAINTENANCE AND SUPPLIES: Remove the following;
- You agree to pay a monthly supply freight fee to cover the costs of shipping supplies to you. - At the end of the first year of this Agreement, and once each successive 12-month period thereafter, the maintenance and supplies portion of the Payment and the overage charges may be increased by a maximum of 15% of the existing payment or charge.

In the event of any conflict between the terms of the Agreement and the terms above, the terms above shall control.

VISUAL EDGE IT, INC. La Quinta, City of
Accepted by: _________________________ Authorized signor: _______________________ Name/Title: _____________________________ Name/Title: _____________________________ Date: _______________ Date: ____________
136 CLICK HERE to Return to Agenda
Model Qty 60 month lease Lease totals Purchase Price Purchase Total Freestanding - Xerox C8135/T2 with Stapling (fax as needed) 9 $ 165.55 $ 1,489.95 $ 8,597.00 $ 77,373.00 Freestanding - Xerox C8155/H2 with Stapling, High Cap Feeder, 3 Hole Punch 2 $ 279.00 $ 558.00 $ 12,498.00 $ 24,996.00 Plotter - MFP - T830 + 5 year warranty+install 1 $ 269.00 $ 269.00 $ 12,697.00 $ 12,697.00 Desktop BW MFP - B315dn 2 $ 9.79 $ 19.58 $ 389.00 $ 778.00 Desktop Color MFP C315dn 3 $ 28.82 $ 86.46 $ 549.00 $ 1,647.00 Desktop BW Printer Only/MICR - B310 plus tray/locking 1 $ 17.00 $ 17.00 $ 629.00 $ 629.00 Contract Totals $ 146,399.40 $ 118,120.00
Service & Supplies (Xerox) Volume BW Cost Per Page BW Volume Color Cost Per Page Color Monthly Base C8135/C8155 14000 0.0068 14000 0.0329 $ 555.80
Freestanding Device NOTE: Volumes included
Desktop B315/B310 0 0.0229 0 N/A N/A
Desktop C315 0 0.0229 0 0.0599 0
Desktop Device NOTE: Prints invoiced as used. No included volume Contract Total $ 33,348.00
Estimated desktop expense $ 3,708.50
5 Year Contract Total including Purchase of Equipment and Service/Supplies $ 155,176.50 Savings to purchase vs. lease $28,339.40
Quote provided by: Stan Maze and Amanda Maze, Visual Edge IT Desert Cities City of La Quinta | January 8, 2023
137 CLICK HERE to Return to Agenda
REQUEST FOR PROPOSALS 2023/2024 THROUGH FY 2027/28

PRINTER/COPIER LEASE AND MAINTENANCE SERVICES PROGRAM
Visual Edge Implementation Plan
Visual Edge IT will work with the City to develop a mutually agreeable Implementation Plan for delivery, installation, and training. As shown in the following diagram, implementation planning involves three key steps:

1. Pre-Installation

2. Installation

3. Post-Installation
Installation of Xerox Devices
Visual Edge IT understands it is responsible for the installation of all equipment and initial training. At time of installation, the City will provide all network cables of appropriate length, as well as network and power drops.

Upon receipt of the equipment order, our local professional delivery services carrier will contact the City to schedule an acceptable delivery date. Visual Edge IT will, as part of the installation service, unbox and hookup new devices, and validate the agreed upon standard configuration of all devices regarding any network services such as scanning, printing and server fax. Necessary troubleshooting will also be performed to ensure your equipment is working properly, including validating that equipment is producing acceptable copies and printed documents, and that the scanning and fax capabilities are functional. Visual Edge IT will remove and dispose of all packing materials.

If additional technical support is required (based on the product ordered), the delivery carrier would place a call to engage a Visual Edge IT Technical Service Representative (TSR) as needed. Visual Edge IT Analyst Services will be engaged to complete implementation and installation activities to enable all features and functions purchased. We will also provide an overview of basic functionality, including a review of the device’s software applications.

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REQUEST FOR PROPOSALS 2023/2024 THROUGH FY 2027/28

PRINTER/COPIER LEASE AND MAINTENANCE SERVICES PROGRAM
Within 24 hours of installation, your local Visual Edge IT Project Manager /Account Executive will follow up to ensure customer satisfaction and answer any outstanding questions.

Visual Edge Assessment Process
A full site assessment for the placement of multifunction copier/printers is a critical step to ensure that the installation of these devices meets the specific needs and requirements of the City of La Quinta.

1. Initial Consultation: to understand the document management needs, workflow process, and specific goals.

2. Site Visit: a full walk through by the project management team to the locations where the devices will be placed.

3. Document Workflow Analysis: assess the current document workflow and identify areas where improvements can be made in terms of efficiency and productivity.

4. Space Evaluation: Consider factors such as dimensions, layout and accessibility.

5. Electrical and Networking Infrastructure: verify availability and compatibility of electrical outlets and network connectivity at the chose installation sites.

6. Security and Compliance Requirements: Discuss and identify any specific security or compliance requirements such as data encryption or user authentication needed.

7. User Needs and Preferences: Interview key personnel to understand their specific needs and preferences related to document management.

8. Print Volume Analysis: Determine the City’s average monthly print volume to recommend appropriate capacity of the multifunction copier/printers.

9. Integration with Existing Systems: Ensuring the existing software and network infrastructure are compatible with the new devices.

10. Environmental Considerations: temperature, humidity, ventilation checks for optimal operation.

11. Workflow Recommendations: For optimizing document workflow and automating taxes with Xerox’s multifunction features.

12. Cost Analysis: Provide total cost of ownership evaluation based on final recommendation.

13. Customization and training: Discuss any specific needs related to the City’s unique requirements.

14. Proposal and presentation: Comprehensive proposal that outlines the recommended strategy and benefits associated.

A thorough site assessment ensures that the placement of multifunction copier/printers is tailored to the City’s specific needs, optimizing document management processes, enhancing efficiency, and delivering value.

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01/01/2023
Visual Edge IT, Inc.
3874 Highland Park NW
North Canton, OH 44720
8 2 3 7 6 0 6 7 6
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Exhibit B

Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Eighty Two Thousand Dollars ($182,000) (“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.
502-0000-60662 (Copiers) - $37,055
502-0000-80100 (Machinery and Equipment) - $144,945
141 CLICK HERE to Return to Agenda
Exhibit C

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

Exhibit D
Special Requirements
NONE
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Exhibit E

Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:

Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s 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. 144 CLICK HERE to Return to Agenda
Exhibit E

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

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

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

Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
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Exhibit E

e. Liability arising from the failure to render professional services.

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

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

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

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

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

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

E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:

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

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the 146 CLICK HERE to Return to Agenda
Exhibit E

right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

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

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

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

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

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

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

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting 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 147 CLICK HERE to Return to Agenda
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exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

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

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

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

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

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

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

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

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

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

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

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 149 CLICK HERE to Return to Agenda
Exhibit F

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

d. Indemnification Provision for Design Professionals.

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

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

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

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 151 CLICK HERE to Return to Agenda

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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH

CARAHSOFT TECHNOLOGY CORP FOR THE PURCHASE AND IMPLEMENTATION

OF OPENGOV ENTERPRISE ASSET MANAGEMENT SOFTWARE SYSTEM

RECOMMENDATION
Approve Agreement for Contract Services with Carahsoft Technology Corp. for the purchase and implementation of OpenGov Enterprise Asset Management software system, for a not to exceed amount $299,500; and authorize the City Manager to execute the Agreement.

EXECUTIVE SUMMARY
 An asset management software will assist the City with managing preventative maintenance to extend the useful life of fleet, infrastructure, and facilities along with maximizing inventory efficiency.
 Staff solicited four asset management companies to provide demonstrations, and selected OPENGOV software system.
 Carahsoft submitted a NASPO quote (Attachment 1). NASPO analysts streamline the procurement process by developing requests for proposals for national competitive solicitations that meet or exceed local requirements.

FISCAL IMPACT
The agreement costs are detailed in the table below. Funds are available in the Information Technology budget (Account No. 502-0000-60301, Software Licenses).

TERMS COST
Initial Term: March 1, 2024-2027
Year 1 + Implementation $ 96,314
Year 2 $ 39,897
Year 3 $ 41,892
Years 1-3 – 15% Contingency $ 26,897
Initial Term (Years 1-3): $205,000
CONSENT CALENDAR ITEM NO. 8
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Optional Extended Term: March 1, 2027-2029
Year 4 $ 45,000
Year 5 $ 45,000
Years 4-5 – 5% Contingency $ 4,500
Extended Term (Years 4-5): $94,500
GRAND TOTAL: $299,500

BACKGROUND/ANALYSIS
Implementation of an Asset Management Software is a goal of the Public Works Maintenance and Operations Division to enhance data driven decisions. The operating system (OS) will be utilized by the fleet, facilities, streets, stormwater, parks, landscape and lighting (L&L), and traffic operations divisions.

The City hosted demonstrations from four asset management software providers, OPENGOV, City Works, Dude Solutions, and Tyler Technologies. OPENGOV Enterprise Asset Management was selected because its system best meets the needs of City.

The OPENGOV software is compatible with the City’s current Go Request OS and citizen interface portal, and will work seamlessly to enhance reporting and analytics, streamline decision making, and connect our community. The software will allow Staff to track and maintain assets effectively, increasing reliability of physical assets, enhancing predictive maintenance, and addressing infrastructure maintenance challenges.

ALTERNATIVES
Council may elect not to approve this agreement or select a different provider for asset management software.

Prepared by: Tony Ulloa, Public Works Deputy Director
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Carahsoft NASPO Quote for OpenGov Asset Management Software

2. Agreement for Contract Services with Carahsoft Technology Corp 154 CLICK HERE to Return to Agenda
ATTACHMENT 1 155 CLICK HERE to Return to Agenda
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and CARAHSOFT TECHNOLOGY CORP, with a place of business at 11493 SUNSET HILLS ROAD SUITE 100 RESTON, VIRGINIA 20190. (“Contracting Party”).

The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

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

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

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

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

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

ATTACHMENT 2 159 CLICK HERE to Return to Agenda
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

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

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

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

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 160 CLICK HERE to Return to Agenda
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Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

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

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Two Hundred and Ninety-Nine Thousand and Five Hundred dollars ($_299,500), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7.

The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this 161 CLICK HERE to Return to Agenda
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Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

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

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

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

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on March 1, 2024. and terminate on _March 1, 2027 (“Initial Term”). This Agreement may be extended for two additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing.
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4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Heather Castellanos
Telephone No.: 571.662.3750
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

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

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

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 164 CLICK HERE to Return to Agenda
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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 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 165 CLICK HERE to Return to Agenda
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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.

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 166 CLICK HERE to Return to Agenda
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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 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 167 CLICK HERE to Return to Agenda
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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 authorized by the Contract Officer, or assigned designee, thereafter in accordance with 168 CLICK HERE to Return to Agenda
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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. 169 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: Monika Radeva, City Clerk
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

Carahsoft Technology Corp.

Attention: Heather Castellanos
11493 Sunset Hills Road, Suite 100,
Reston, Virginia 20190

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

10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
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10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

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

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

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

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

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

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

CITY OF LA QUINTA,
a California Municipal Corporation

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

CARAHSOFT TECHNOLOGY GROUP
By:

Name:

Title:

ATTEST:

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

Name:

Title:

APPROVED AS TO FORM:

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

Exhibit A
Scope of Services

1. Services to be Provided:

OpenGov will deliver a cloud based Enterprise Asset Management solutions and provide training during and after the implementation process. OpenGov will perform the work remotely, except for any project-related activity which OpenGov determines would be best performed at City facility. OpenGov will provide the services during normal business hours, 8:30 a.m. to 6:00 p.m. local time, Monday through Friday, except holidays. The statement of work (SOW) provided submitted by OpenGov will be utilized as reference guide.

2. Performance Standards:

See attached statement of work. (SOW) Section 2.5 address OpenGov deliverables and time schedule.
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Statement of Work
City of La Quinta, CA
Creation Date: 12/12/2023
Document Number: PS-05060
Version Number: 1
Created by: Dean Simpson
2023 Enterprise Asset Management Statement of Work v1
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1. Overview and Approach 2

1.1. Agreement 2

2. Statement of Work 3

2.1. Project Scope 3

2.2. Facilities and Hours of Coverage 3

2.3. Key Assumptions 3

2.4. Exclusions 4

2.5. OpenGov Responsibilities 4

2.5.1. Activity 1 – Project Management 4

2.5.2. Activity 2 – Initialization 5

2.5.3. Activity 3 – OpenGov Domains 5

2.5.4. Activity 4 – Training 6

2.6. Your Responsibilities 6

2.6.1. Your Project Manager 7

2.7. Completion Criteria 7

2.8. Estimated Schedule 7

2.9. Illustrative Project Timelines 8

2.10. Charges 8

2.11. Offer Expiration Date 8
Appendix A: Engagement Charter 8
A-1: Communication and Escalation Procedure 8
A-2: Change Order Process 10
A-3: Deliverable Materials Acceptance Procedure 10
Appendix B: Implementation Activities 11
B-1: Phase I 11
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1. Overview and Approach

1.1. Agreement
This Statement of Work (“SOW”) identifies services that OpenGov, Inc. (“OpenGov” or “we”) will perform for City of La Quinta, CA (“Customer” or “you”) pursuant to that order for Professional Services entered into between OpenGov and the Customer (“Order Form”) which references the Master Services Agreement or other applicable agreement entered into by the parties (the “Agreement”).
● Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. ● The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided.
● Customer’s use of the Professional Services is governed by the Agreement and not this SOW.
● Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement.
● In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. ● This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party.
● OpenGov will be deployed as is, Customer has access to all functionality available in the current release.

2. Statement of Work
This SOW is limited to the Implementation of the OpenGov Enterprise Asset Management as defined in the OpenGov Responsibilities section of this document (Section 2.5). Any additional services or support will be considered out of scope.

2.1. Project Scope
Under this project, OpenGov will deliver cloud based Enterprise Asset Management solutions to help the Customer power a more effective and accountable government.

OpenGov's estimated charges and schedule are based on performance of the activities listed in the “OpenGov Responsibilities” section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Project Change Control Procedure, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov’s standard rates in effect from time to time for any resulting additional work or waiting time. 2023 Statement of Work v1
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2.2. Facilities and Hours of Coverage
OpenGov will:

A. Perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in Customer Location in order to complete its responsibilities under this SOW.

B. Provide the Services under this SOW during normal business hours, 8:30am to 6:00pm local time, Monday through Friday, except holidays.

2.3. Key Assumptions
The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Project Change Control Procedure (see Appendix A-2) , and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms.

Per
A. The OpenGov Suites are not customized beyond current capacities based on the latest release of the software.

B. Individual software modules are configured based on discussions between OpenGov and Customer.

C. Enterprise Asset Management
i. OpenGov will provide all services remotely via audio; video; and web conferences unless otherwise noted.
ii. OpenGov assumes that the customer is responsible for performing quality control measures on its data in EAM.
iii. OpenGov assumes that the customer is responsible for testing its workflows, automations, integrations, and configurations within the EAM and will update the configurations as part of its testing and training activities.
iv. OpenGov assumes that the customer accepts EAM upon the completion of the go-live event
v. If a non-API integration is included in scope, Customer is responsible for engaging third party vendor to obtain data, configuration, and/or third party integration support.
vi. If an API integration is included in scope, Customer is responsible for providing access to a test instance of the third party API including a URL, authentication credentials, and relevant documentation. vii. OpenGov best practice is to not exceed tested limits of the product.

2.4. Exclusions
The following service items are not included in the scope of this project:

A. Implementation of any custom modification or integration developed by OpenGov; your internal staff; or any third-party is not included in the scope of this project unless specifically listed in Appendix B.
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B. Data conversion services from other software system(s) or sources (including Navigator databases) are not included in the scope of this project unless specifically listed in Appendix B.

C. Any service items discussed during demonstrations; conference calls; or other events are not included in the scope of this project unless specifically listed in Appendix B.

2.5. OpenGov Responsibilities

2.5.1. Activity 1 – Project Management
OpenGov will provide project management for the OpenGov responsibilities in this SOW.

The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks:

Planning
OpenGov will:

A. review the SOW, contract and project plan with Customer’s Project Manager and key stakeholders to ensure alignment and agreed upon timelines; B. maintain project communications through your Project Manager; C. establish documentation and procedural standards for deliverable Materials; and D. Collaborate with your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones.

Project Tracking and Reporting
OpenGov will:

A. review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager;
B. work with your Project Manager to address and resolve deviations from the project plan;
C. conduct regularly scheduled project status meetings; and D. administer the Project Change Control Procedure with your Project Manager.

Completion Criteria:

This is an on-going activity which will be considered complete at the end of the Services contract.

Deliverable Materials:
● Weekly status reports
● Project plan
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● Project Charter
● Risk, Action, Issues and Decisions Register (RAID)

2.5.2. Activity 2 – Initialization
OpenGov will provide the following:

A. Customer Entity configuration
B. System Administrators creation
C. Solution Blueprint creation
D. Data Validation strategy confirmation
Completion Criteria:

This activity will be considered complete when:
● Customer Entity is created
● System Administrators have access to Customer Entity
● Solution Blueprint is presented to Customer
Deliverable Materials:
● Solution Blueprint
● Sign-off of Initial Draft Solution Blueprint

2.5.3. Activity 3 – OpenGov Domains
OpenGov will provide the following:

Enterprise Asset Management Domains
A. Transportation
B. Walkability
C. Signals
D. Parks and Rec
E. Facilities
F. Stormwater
Completion Criteria:

This activity will be considered complete when:
● Instance setup is completed
● Requirements Gathering is completed
● Start up Data is loaded
● Asset Installation is completed
● Integrations are implemented
● Data conversion is completed
Deliverable Materials:
● Formal sign off document
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2.5.4. Activity 4 – Training
Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor.

Completion Criteria:
● Software training is delivered
Deliverable Materials:
● Formal sign off document

2.6. Your Responsibilities
The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2: Project Change Control Procedure.

2.6.1. Your Project Manager
Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project.

Your Project Manager's responsibilities include the following:

A. manage your personnel and responsibilities for this project (for example: ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing);
B. serve as the interface between OpenGov and all your departments participating in the project;
C. administer the Project Change Control Procedure with the Project Manager; D. participate in project status meetings;
E. obtain and provide information, data, and decisions within five (5) business days of OpenGov’s request unless you and OpenGov agree in writing to a different response time;
F. resolve deviations from the estimated schedule, which may be caused by you; G. help resolve project issues and escalate issues within your organization, as necessary; and
H. create, with OpenGov’s assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones and estimates. 2023 Statement of Work v1
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2.7. Completion Criteria
OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs:

A. OpenGov accomplishes the activities set forth in “OpenGov responsibilities” section and delivers the services in Appendix B as listed, if any; or B. The End date is reached

2.8. Estimated Schedule
OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW.

OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer.

The Services are currently estimated to start within two (2) weeks but no later than four (4) weeks from signatures and have an estimated end date of nine months after signatures (“End Date”) or on other dates mutually agreed to between you and OpenGov.

2.9. Illustrative Project Timelines
The typical project timelines are for illustrative purposes only and may not reflect your use cases.

2.10. Charges
The Services will be conducted on a Fixed Price basis. This fixed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services. All charges are exclusive of any applicable taxes.

Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs providing Professional Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. OpenGov shall not exceed the estimated $4,800 expenses without written approval from the Customer.
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2.11. Offer Expiration Date
This offer will expire on March 12, 2024 unless extended by OpenGov in writing. 2023 Statement of Work v1
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Appendix A: Engagement Charter
A-1: Communication and Escalation Procedure
Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following:
● Regular communication aligned to the agreed upon project plan and timing. ○ OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. ● Executive involvement
○ Executives may be called upon to clarify expectations and/or resolve confusion. ○ Executives may be needed to steer strategic items to maximize the value through the deployment.
● Escalation Process:
○ OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised
● Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. ● Customer or OpenGov Project Manager summarizes the problem statement and impasse.
● Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review.
● Resolution will be documented and signed off following Executive review. ● Phase Sign-Off
○ OpenGov requests sign-offs at various stages during the implementation of the project. Once the Customer has signed-off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes.

A-2: Change Order Process
This SOW and related efforts are based on the information provided and gathered by OpenGov.

Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a:
● Change Order- Work that is added to or deleted from the original scope of this SOW.

Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include:
o Timeline for completion
o Sign off process
o Cost of change and Invoice timing
o Amending the SOW to correct an error.
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o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov.
o Change in type of OpenGov resources to support the SOW.

A-3: Deliverable Materials Acceptance Procedure
Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure:
● The deliverable Material will be submitted to your Project Manager. ● Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance.
● Within five (5) business days of receipt, your Project Manager will either accept the deliverable Material or provide OpenGov’s Project Manager a written list of requested revisions. If OpenGov receives no response from your Project Manager within five (5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance.
● All acceptance milestones and associated review periods will be tracked on the project plan.
● Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project.
● For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. ● Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1. As set forth in the “Customer Delays” provision of the Agreement, if there are extended delays (greater than 10 business days) in Customer’s response for requested information or deliverable; OpenGov may opt to put the project on an "On Hold" status. After the Customer has fulfilled its obligations, Professional Services can be resumed and the project will be taken off the "On-Hold" status.
● Putting a project “on Hold” may have several ramifications including, but not restricted, to the following:
○ Professional Services to the customer could be stopped; ○ Delay to any agreed timelines; or
○ Not having the same Professional Services team assigned. 2023 Statement of Work v1
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Appendix B: Implementation Activities
B-1: Phase I
Setup
OpenGov will:
● Setup a hosted, sandbox and production OpenGov Asset Management environment. ● Provide an overview, up to two (2) hours, of OpenGov and ArcGIS Online user-based logins and User/Role functionality.
● Provide a template file to be utilized by your staff to populate Roles and Users to be utilized for OpenGov Asset Management.
● Utilize the template to create users and roles in OpenGov Asset Management. (Note:

Subsequent User and/or Role changes will be your administrator’s responsibility.) ● Provide documentation and guidance, up to four (4) hours, for your technical GIS staff to configure Esri Basemap Services for OpenGov Asset Management integration. Guidance will be geared towards OpenGov Asset Management/Esri integration functionality and requirements.
● Setup the OpenGov Asset Management Platform, including the Request, Work, Resource, and Asset Management areas of the software. Asset Management solutions will be setup for all solutions referenced in the Assets section of the scope unless otherwise noted.

Requirements Gathering
OpenGov will
● Provide a two-day (2-day) onsite requirement gathering workshop to increase our understanding of your business and functional goals. Through workshops and interviews, OpenGov will identify best fit scenarios for OpenGov Asset Management and provide a brief including any challenges as well as recommendations for OpenGov Asset Management best practices relevant to your implementation.

Configurations
OpenGov will:
● Provide configuration services, including:
o Up to ten (10) custom fields and up to two (2) custom layouts per asset type listed in the Assets section below
o Up to thirty (30) custom fields and up to ten (10) custom layouts to be utilized in any of the shared areas of the system, such as Tasks
o Up to twenty (20) automations
o Up to twenty (20) preventative maintenance plans
Training
OpenGov will:

Foundational Training
● Provide remote train-the-trainer training, up to two (2) hours, on overall system navigation and functionality to help familiarize your staff with the software environment and its common functions. Training topics include:
o Dashboards
o Standard KPI/ROI Gadgets
o Logins/Permission
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o Layers
o Filters
o Maps
o Grids
o System Navigation
o Views (List & Detail)
o Standard Reports
o Attachments
o Requests, Work, Assets, Resources, Reports, and Administrator Tabs ● Provide remote train-the-trainer training, up to one (1) hour, for an overview of Preventative Maintenance Plans.
● Provide remote train-the-trainer training, up to one (1) hour, for an overview of Asset Condition Manager and Advanced Inspections.
● Provide remote train-the-trainer training, up to two (2) hours, for an overview of Reporting. ● Provide remote train-the-trainer training, up to two (2) hours, on OpenGov Asset Management Esri integration functionality. Training topics include:
o OpenGov Asset Management Esri integration configuration options o Integration functionality (basemap and feature)
o Overall Esri integration requirements, considerations, and OpenGov recommended best practices
Train the Trainer Training Event
● Provide a two-day (2-day) onsite "train-the-trainer" training event. The training agenda will be defined and agreed upon by both OpenGov and your project manager. To avoid redundancy, and to utilize service time efficiently, training may cover a subset of the assets listed in the Asset section of the scope. Topics may include any of the following:
o Request Management:
▪ Requests
▪ Requesters
▪ Task Creation from Requests
▪ Issue library (including settings such as Applies to Asset and Non-Location) ▪ OpenGov recommended best practices for Request and Requester Management
o Work Management:
▪ Create Task(s) (Asset/Non-Asset)
▪ Assignments (Add, Edit, Remove)
▪ Task Menu Actions
▪ Related Work Items
▪ Create Work Order
▪ Associate Task to WO
▪ Repeat Work Orders
▪ Work Order Menu Actions
▪ Enter Resources
▪ Timesheets
▪ Activity library (including settings such as Applies to Asset, Inspection, Key Dates, Cost, and Productivity)
▪ OpenGov recommended best practices for Work Management o Asset Management:
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▪ Asset Details
▪ Preventative Maintenance Plans
▪ Inspections
▪ Linked assets (if applicable)
▪ Container/Component Relationships (if applicable)
▪ OpenGov recommended best practices for Asset Management o Resource Management:
▪ Resource Details
▪ Labor/Equipment Rates
▪ Material Management (Stock, Usage, Adjustments)
▪ Vendor Price Quotes
▪ OpenGov recommended best practices for Resource Management o OpenGov Mobile:
▪ Overall system functionality (Navigation, Interface, Maps, Attachments, Sorting)
▪ Work Management
● Create and Update Tasks (Asset/Non-Asset)
● Assign Tasks
● Enter Resources
● Inspections
▪ Asset Management
● Create and Update Assets
▪ Request Management
● View and Update Requests
● View Requester information
● Create Task from Request
▪ OpenGov recommended best practices for mobile device use o Fleet Management:
▪ Preventative Maintenance
▪ Task Management
▪ Vehicle Replacement Ratings (VRR) Equipment Detail information ▪ Fleet Reports
▪ OpenGov recommended best practices for Fleet Management o Administrator:
▪ Administrator:
● User Administration, Role Administration, Asset Administration, Record Filter Administration, Import/Export, Scheduled Process Log, Error Log ▪ Settings:
● System Settings, Map Administration, Geocode Settings, GIS Integration settings, Asset Color Manager
▪ Manager:
● Layout Manager, Library Manager, Preventative Maintenance, Asset Condition Manager, Notification Manager, Structure Manager, Automation ● Manager
Advanced Training Topics:
● Provide Preventative Maintenance Plans remote train-the-trainer training, up to three (3) hours. Training topics include:
o Preventative Maintenance
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● Provide Advanced Inspections, Asset Condition Manager, and Asset Risk remote train-the-trainer training, up to four (4) hours. Training topics include:
o Performance Management
▪ Prediction Groups
▪ Minimum Condition Groups
▪ Activities and Impacts
▪ Criticality Factor
▪ Install/Replaced Dates
o Business Risk Exposure
▪ Risk
▪ Consequence of Failure
▪ Probability of Failure
o OpenGov recommended best practices for Asset Risk Functionality , advanced inspections and condition management
● Provide Internal Request remote train-the-trainer training, up to two (2) hours. Training topics include:
o Internal Requests
▪ Users
▪ Views
▪ Issue Library settings and management
o OpenGov recommended best practices for advanced request management Go-Live Support
OpenGov will:
● Provide a remote, up to eight (8) hours, web conferences, to be utilized for Go-Live Support.

The agenda will be defined, and agreed upon, by both your and OpenGov’s project managers.

Topics may include any of the following:
o Refresher training for items listed in the scope of work o Software and process support for staff during production roll out o Field, Layout, and Report configuration guidance, if applicable Data Services
OpenGov will:
● Provide one sandbox and one production data load service through standard import/export functionality. OpenGov will provide template documents for data population. Once populated by your staff, OpenGov will load the data into your sandbox or production OpenGov Asset Management environment. Data loads may include data such as:
o Parent level asset records
o Asset location (spatial x/y) attributes
o Parent level resource (Labor, Equipment Material, Vendor) records o Resource Rate (Labor, Equipment, Material) records
o Standard system libraries
● Provide service for your historical data listed below:
o GoGov data related to: Requests, Work History (non-asset tasks, total costs, attachments), Resources
o For the custom data conversion service(s) listed above, OpenGov will provide:
▪ A review of the historical data along with recommendations for OpenGov Asset Management best fit.
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▪ A field map workshop, which will identify where and how historical data will appear within OpenGov Asset Management
▪ A test conversion service to facilitate data conversion validation and testing
▪ One revision of the field map used for the test conversion service ▪ A production conversion service utilizing the final, approved field map o All data must be accessible to OpenGov from a SQL DB, SQL View, Access DB or Comma Delimited Files.

Integrations
● OpenGov staff will provide a uni-directional (one-way) Integration Service between Wex and OpenGov. The integration includes:
○ A one-way integration of data from the source system to OpenGov ○ Up to 12 fields in the same OpenGov recordset (IE: Equipment table and Equipment’s Fuel Log table)
○ A sync using a unique ID
■ If ID exists; information will be updated
■ If ID does not exist; OpenGov will create a record or produce an error message ○ A customer-configurable runtime interval for the sync ● Assumptions
○ The integration will include up to 12 fields (in the same OpenGov recordset) ○ Customer staff will be responsible for populating required values utilized to support integration.
○ All data must be accessible to the OpenGov service from a flat file (.csv or .txt) Assets
OpenGov will:
● Provide installation and training on the following asset types:
o Transportation (8)
▪ Bridge; Light Fixture; Pavement; Sign; Guardrail; Marking; Pavement Area; Support
o Walkability (7)
▪ ADA Ramp; Pavement Area: Sign; Tree; Light Fixture; Sidewalk; Support o Signals (8)
▪ Preemption; Signal Cabinet; Signal Head; Traffic Camera; Signalized Intersection; Signal Controller; Signal Monitor; Traffic Detector o Parks and Recreation (10)
▪ Athletic Space; Fence; Park; Park Structure; Playground Equipment; Bench; Landscape Area; Park Amenity; Playground; Tree
o Facilities (25)
▪ Facility; Other Site Construction; Selective Building Demolition; Site Improvement;  Site Preparation; Facility Floor; Basement Construction; Conveying; Exterior Enclosures; Facility Electrical; Facility Equipment; Fire Protection; Foundations; Furnishings; HVAC; Interior Construction; Interior Finishes; Plumbing; Roofing; Site Electrical Utilities; Site Mechanical Utilities; Spaces; Special
Construction; Stairs; Superstructure
o Stormwater (9)
▪ Storm Basin; Storm Channel; Storm Culvert; Storm Facility; Storm Inlet; Storm Manhole; Storm Outlet; Storm Pipe; Storm Pump
o Fleet (1)
▪ Fleet
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Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 190 CLICK HERE to Return to Agenda
Exhibit A

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

Contracting Party shall require the same of all subcontractors.

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

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

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 191 CLICK HERE to Return to Agenda
Exhibit A

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

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

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 192 CLICK HERE to Return to Agenda
Exhibit B

Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Two Hundred and Ninety-Nine Thousand and Five Hundred dollars ($ 299,500) (“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

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

Exhibit D
Special Requirements
None
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Exhibit E

Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:

Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s 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. 196 CLICK HERE to Return to Agenda
Exhibit E

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

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

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

Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
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Exhibit E

e. Liability arising from the failure to render professional services.

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

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

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

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

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

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

E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:

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

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the 198 CLICK HERE to Return to Agenda
Exhibit E

right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

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

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

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

6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.

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

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

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting 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 199 CLICK HERE to Return to Agenda
Exhibit E

exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

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

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

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

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

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

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 200 CLICK HERE to Return to Agenda
Exhibit E

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

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

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

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

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

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 201 CLICK HERE to Return to Agenda
Exhibit F

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

d. Indemnification Provision for Design Professionals.

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

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

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

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 203 CLICK HERE to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE SPENDING AUTHORITY FOR STAFF TO PURCHASE

INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE THROUGH CDWG,

CARAHSOFT, NEWEGG, AND DELL

RECOMMENDATION
Authorize spending authority for staff of up to $150,000 for fiscal year 2023/24 and up to $120,000 for fiscal year 2024/25 to purchase information technology equipment through CDWG, Carahsoft, Newegg, and Dell.

EXECUTIVE SUMMARY
• The City contracts with Acorn Technologies (Acorn) for IT services since 2019; Acorn evaluates and recommends equipment and software purchases as needed in accordance with their agreement.
• Staff seeks spending authority approval for 4 vendors as the City’s growing needs and limited inventories when buying products such as computers, tablets, and phones may be challenging. This provides flexibility to use any of these vendors depending on purchasing needs.

FISCAL IMPACT
All IT equipment and software purchases combined will not exceed $150,000 for fiscal year (FY) 2023/24, and $120,000 for FY 2024/25. Funds are available in the IT Fund and will be used to purchase machinery, computers, equipment, and other technical expenses.

BACKGROUND/ANALYSIS
The City contracts with Acorn for IT services since 2019. The contract allows Acorn to seek products and services which meet the City’s needs. To fully exercise this provision of the contract, staff seek spending authority approval for 4 vendors (CDWG, Carahsoft, Newegg and Dell) to better accommodate the City’s growing needs, which coupled with limited inventories may make it challenging to purchase necessary equipment or cause delays.

CONSENT CALENDAR ITEM NO. 9
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In 2022, Council approved spending authority up to $120,000 per fiscal year for CDWG, Newegg, and Dell vendors. This request would add Carahsoft as an approved vendor to help meet the City’s expanded needs for product availability. Carahsoft purchases are generally for equipment upgrades, such as computers, and software licenses, such as Adobe products, which are delivered in a more reliable manner than other vendors.

Acorn has made recommendations for a budget and timeline outlining equipment upgrades to City Hall. As staff works to procure the necessary equipment, product supplies from certain vendors has become infeasible, and requires adding another reliable organization to purchase from. Per City requirements, budget and scheduling, Acorn will continue to solicit formal bids from these approved vendors and provide a final recommendation for staff’s approval.

The four vendors selected offer certified government discounts and provide quality products. Acorn shall seek the lowest priced product or service that best suits the City’s specific need. Sole source purchases shall be limited but may include ensuring a cohesive product among a business unit, restrictions, or requirements to have a certain product which operates with a current operating system or using a recognized brand.

Acorn shall follow all City Purchasing Policy requirements and obtain full approval from the appropriate City staff before initiating a purchase with any vendor. Products shall not be marked up by Acorn and vendors shall invoice the city directly for products purchased.

Equipment purchases include but are not limited to computers, servers, network switches, phones, routers, monitors, keyboards, storage devices, and other essential products to implement technological needs.

Having an approved spending authority will allow staff to utilize any of the approved vendors for the full “not to exceed” budget annually and have the flexibility to procure cost-effective products as needed in a timely manner.

ALTERNATIVES
Council could elect not to approve the purchase of IT equipment through indicated vendors; though, staff does not recommend this alternative to ensure continued operations.

Prepared by: Doug Kinley, Management Analyst
Approved by: Gilbert Villalpando, Director
206 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER CALDWELL FROM THE JANUARY 9, 2024, PLANNING COMMISSION MEETING

RECOMMENDATION
Excuse absence of Commissioner Mary Caldwell from the January 9, 2024, Planning Commission meeting.

EXECUTIVE SUMMARY
 Commissioner Caldwell requested to be excused from the January 9, 2024, Planning Commission meeting due to previously scheduled travel.  Commissioner Caldwell has two excused 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. 10
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208 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO

ATTEND TOURISM OUTREACH ACTIVATION IN SAN DIEGO, CALIFORNIA, FEBRUARY 16-18, 2024

RECOMMENDATION
Authorize overnight travel for the Marketing Manager to attend a Tourism Outreach Activation in San Diego, California, February 16-18, 2024

EXECUTIVE SUMMARY
• City staff along with Madden Media, the City’s advertising agency, is creating a tourism outreach activation experience in San Diego to attract tourism to La Quinta. • The focus of the activation will take place at the Farmers Market in Little Italy to reach San Diego locals that fit the demographic of travelers to the City. • The City is partnering with La Quinta Resort and Club to include an additional culinary component to the activation that will provide public relations (PR) opportunities, authentic content, social engagement, lead generation, and market research.

FISCAL IMPACT
Estimated expenses are $1,200; which includes lodging, transportation, and meals. Funds are available in the fiscal year (FY) 2023/24 Marketing Department’s Travel and Training budget (No. 101-3007-60320).

BACKGROUND/ANALYSIS
The City held a tourism outreach activation last year at the City Picnic to promote La Quinta to locals and visitors. This year a tourism outreach activation experience will take place in the City’s drive market in San Diego, at the Farmers Market in Little Italy. Through partnership with the La Quinta Resort and Club, the activation will include a culinary component highlighting local fare as one of their pastry chefs will be on hand to discuss using local resources to create culinary experiences.

CONSENT CALENDAR ITEM NO. 11
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The campaign will include pre-promotion of the experience that will generate PR and social media awareness. During the activation, the City will utilize brand ambassadors that will provide a live experience, capture content, as well as conduct social media sweepstakes and giveaways.

Additionally, there will be mobile swarms of wrapped cars that will promote La Quinta at the following locations around the activation:
• Farmers Market
• Farmers Insurance PGA Tournament at Torrey Pines
• Gaslamp District
• Coronado

ALTERNATIVES
Council may elect not to approve this request, however it is not recommended as there will not be any City brand ambassadors present to promote the destination.

Prepared by: Marcie Graham, Marketing Manager
Approved by: Gilbert Villalpando, Director
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED DECEMBER 15, AND DECEMBER 22, 2023, AND JANUARY 5, 2024

RECOMMENDATION
Approve demand registers dated December 15, and December 22, 2023, and January 5, 2024.

EXECUTIVE SUMMARY – None

FISCAL IMPACT
Demand of Cash:

City $ 7,259,808.88
Successor Agency of RDA $ -
Housing Authority $ 70,596.38
$ 7,330,405.26

BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for December 15, December 22, 2023, and January 5,2024.

There was no check run the week of December 29, 2023, due to the holiday.

Warrants Issued:
212611-212704 $ 4,896,805.45
EFT 133 $ 106,887.87
212705-212751 $ 315,404.84
212752-212794 $ 339,047.49
EFT 134 $ 13,200.00
Payroll Direct Deposit $ 630,784.96
Payroll Check #37681 $ 92.35
Payroll Tax Transfers $ 171,706.96
Wire Transfers $ 856,475.34
$ 7,330,405.26
CONSENT CALENDAR ITEM NO. 12
211 CLICK HERE to Return to Agenda
Vendor Account Name Amount Purpose
Granite Construction Compay Construction $1,465,007.16 Fred Waring, Ave 50, & Ave 52 Pavement Rehab Progress
Payments
Ortiz Enterprises, Inc. Construction $1,399,318.55 Dune Palms Bridge Progress Payment
Riverside County Sheriff Department Various $1,150,023.05 09/21-10/18/23 Police Services T.Y Lin International Construction $214,898.70 Dune Palms Bridge Management Services
Rutan & Tucker(1) Various $120,087.87 Legal Services
(1) Payments w ere made 12/15/23 & 1/5/24
Wire Transfers: Twenty-seven transfers totaled $856,475. Of this amount, $440,259 was to Landmark and $255,996 was to CalPERS. (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 Oklahoma's Credit Union CD $ 248,000 12/14/2023 5.700% 5.700% Maturity United States Treasury Treasury Note $ 1,000,000 12/15/2023 0.125% 0.623% Maturity National Coop Bank CD $ 245,000 12/21/2023 3.400% 3.400% Purchase Rockland Federal Credit Union CD $ 248,000 12/22/2023 4.600% 4.600% Purchase Genesee Regional Bank CD $ 244,000 12/27/2023 4.200% 4.200% Maturity United States Treasury T-Bill $ 3,000,000 12/28/2023 0.000% 5.460% Purchase California Credit Union CD $ 244,000 12/28/2023 5.100% 5.100% Purchase Trustone Financial Credit Union CD $ 248,000 12/28/2023 5.150% 5.150% Purchase First Bank CD $ 244,000 12/28/2023 4.450% 4.450% Purchase United States Treasury Treasury Note $ 1,000,000 12/29/2023 3.125% 3.879% Purchase Federal Home Loan Banks Agency $ 1,000,000 12/29/2023 4.750% 4.800% Maturity Bar Harbor Bank & Trust CD $ 248,000 12/29/2023 3.350% 3.350% Purchase United States Treasury Treasury Note $ 1,000,000 1/2/2024 3.750% 3.815% 212 CLICK HERE to Return to Agenda
1/8/2024 6:52:27 PM Page 1 of 8
Demand Register
City of La Quinta Packet: APPKT03671 - 12/15/2023
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
CENTRAL COMMUNICATIONS 212623 12/2023 - STVR HOTLINE Professional Services 101-6004-60103 623.00 FRANCHISE TAX BOARD 212641 GARNISHMENT Garnishments Payable 101-0000-20985 222.74 UNITED WAY OF THE DESERT 212696 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 FRANCHISE TAX BOARD 212641 GARNISHMENT Garnishments Payable 101-0000-20985 222.74 UNITED WAY OF THE DESERT 212696 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 WILLDAN 212702 09/2023 - PW ONCALL PLAN CHECKING … Map/Plan Checking 101-7002-60183 607.00 CHARTER COMMUNICATIONS… 212624 12/05/23-1/4/24 - FS #32 CABLE/INTER… Telephone - Utilities 101-2002-61300 10.52 CHARTER COMMUNICATIONS… 212624 12/03/23-01/02/24 - FS #93 INTERNET (… Cable/Internet - Utilities 101-2002-61400 99.99 CHARTER COMMUNICATIONS… 212624 11/29-12/28/23 - FS #32 INTERNET (649… Cable/Internet - Utilities 101-2002-61400 99.99 VINTAGE E & S INC 212698 CIVIC PARK POSTS ELECTRICAL SERVICE Maintenance/Services 101-3005-60691 8,257.74 TOPS' N BARRICADES INC 212689 BARRICADES FOR TREE LIGHTING EVENT… Community Experiences 101-3003-60149 375.00 SALAS, MICHAEL 212678 FY 23/24 ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reim… 101-1004-50252 200.00 DEPARTMENT OF CONSERVA… 212633 7/1-9/30/23 - SEISMIC HAZARD MAPPI… SMIP Fees Payable 101-0000-20308 1,991.65 DEPARTMENT OF CONSERVA… 212633 7/1-9/30/23 - SEISMIC HAZARD MAPPI… SMIP Fees 101-0000-42610 -99.58 FOSTER, ROCIO 212640 2023 APPRECIATION DINNER CITIZEN ON… LQ Police Volunteers 101-2001-60109 156.55 TRIPLETT, ALCADIA 212691 EMPLOYEE COCOA SOCIAL DECOR & TO… Employee Recognition Events 101-1004-60340 37.37 TRIPLETT, ALCADIA 212691 2023 WALKTOBER CHALLENGE GIFTCAR… Consultants/Employee Servic… 101-1004-60104 975.00 UNITED STATES TREASURY 212695 2ND QTR 95-3740431 FORM 720 Administration 101-1006-60102 109.50 HR GREEN PACIFIC INC 212648 11/2023 - ONCALL PLAN CHECK SVCS E… Map/Plan Checking 101-7002-60183 16,259.00 TPX COMMUNICATIONS 212690 11/23-12/22/23 - EOC PHONE LINE SVC Telephone - Utilities 101-2002-61300 1,798.72 MADDEN MEDIA 212654 11/2023 - MEDIA SERVICES/WEBSITE D… Marketing & Tourism Promot… 101-3007-60461 7,857.14 MADDEN MEDIA 212654 11/2023 - MEDIA SERVICES Marketing & Tourism Promot… 101-3007-60461 47,375.82 COACHELLA VALLEY KIDS LLC 212627 12/16/23 PANCAKES WITH SANTA FINAL… Community Experiences 101-3003-60149 225.00 DESERT SANDS UNIFIED SCH… 212637 7/27-10/18/23 - BP# 2,3,4 SCHOOL RES… School Officer 101-2001-60168 47,909.13 DESERT SANDS UNIFIED SCH… 212637 12/9/23 - X-PARK EVENT OVERFLOW PA… Community Experiences 101-3003-60149 140.00 PAX FITNESS REPAIR 212666 10/2023 - WC FITNESS EQUIPMENT MA… Operating Supplies 101-3002-60420 500.00 DESERT CONCEPTS CONSTR… 212635 SPORTS COMPLEX FENCE REPAIRS & TR… Maintenance/Services 101-3005-60691 3,500.00 PAX FITNESS REPAIR 212666 WC FITNESS EQUIPMENT REPAIR Operating Supplies 101-3002-60420 544.95 ANSAFONE CONTACT CENTE… 212616 10/2023 - PM 10 ANSWERING SERVICE PM 10 - Dust Control 101-7006-60146 152.89 VINTAGE ASSOCIATES 212697 11/20-11/22/23 - EXTRA LABOR AT SPO… Maintenance/Services 101-3005-60691 1,920.00 VINTAGE ASSOCIATES 212697 12/2023 - PARK LANDSCAPE MAINTENA… Landscape Contract 101-3005-60112 67,311.00 VINTAGE ASSOCIATES 212697 IQ IRRIGATION CLOCKS Materials/Supplies 101-3005-60431 19,950.00 VINTAGE ASSOCIATES 212697 EXTRA LABOR FOR LIBRARY COURTYARD Maintenance/Services 101-3005-60691 1,600.00 VINTAGE ASSOCIATES 212697 12/4-12/8/23 - EXTRA LABORER CH MAI… Maintenance/Services 101-3005-60691 1,600.00 XPRESS GRAPHICS 212704 LQ FALSE ALARM POSTCARDS LQ Police Volunteers 101-2001-60109 237.24 PARTY PALS 212664 SANTA CHAIR & TRACKLESS TRAIN FINAL… Community Experiences 101-3003-60149 1,675.00 NOVAK, JAN 212658 PICKLEBALL 101 BEGINNER CLASS Instructors 101-3002-60107 896.00 H&G HOME IMPROVEMENTS … 212645 CH LOBBY REPAIRS Maintenance/Services 101-3008-60691 4,890.00 H&G HOME IMPROVEMENTS … 212645 CH NORTH PARKING LOT REPAIRS Maintenance/Services 101-3008-60691 2,370.00 H&G HOME IMPROVEMENTS … 212645 FB POOL FENCE REPAIRS Maintenance/Services 101-3005-60691 4,780.00 MOWERS PLUS INC 212656 CHAINSAW REPAIRS Tools/Equipment 101-7003-60432 130.04 MOWERS PLUS INC 212656 EQUIPMENT BLADES Tools/Equipment 101-7003-60432 163.76 MOWERS PLUS INC 212656 EQUIPMENT PARTS Tools/Equipment 101-7003-60432 392.17 CONSOLIDATED ELECTRICAL … 212629 LIGHT BULBS (24) Materials/Supplies 101-3008-60431 1,009.81 ODP BUSINESS SOLUTIONS, L… 212660 PENS & CALENDARS Office Supplies 101-1006-60400 86.99 ODP BUSINESS SOLUTIONS, L… 212660 ENVELOPES Office Supplies 101-1002-60400 15.21 STAPLES ADVANTAGE 212683 KEYBOARD & OFFICE SUPPLIES Operating Supplies 101-7003-60420 216.97 STAPLES ADVANTAGE 212683 OFFICE SUPPLIES Office Supplies 101-3005-60400 31.84 STAPLES ADVANTAGE 212683 OFFICE SUPPLIES Office Supplies 101-3002-60400 214.01 STAPLES ADVANTAGE 212683 OFFICE SUPPLIES Office Supplies 101-3002-60400 17.60 PROPAC, INC 212669 PILLOW INFLATABLE 50.CASE Disaster Prep Supplies 101-2002-60406 192.00 PROPAC, INC 212669 EMERGENCY SUPPLIES FREIGHT Disaster Prep Supplies 101-2002-60406 681.31 PROPAC, INC 212669 EMERGENCY SUPLIES TAXES Disaster Prep Supplies 101-2002-60406 144.22 ATTACHMENT 1
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Demand Register Packet: APPKT03671 - 12/15/2023
1/8/2024 6:52:27 PM Page 2 of 8
Vendor Name Payment Number Description (Item) Account Name Account Number Amount PROPAC, INC 212669 BLANKET EMERGENCY - MYLAR Disaster Prep Supplies 101-2002-60406 281.25 PROPAC, INC 212669 DELUXE HYGIENE KIT Disaster Prep Supplies 101-2002-60406 975.00 SMITH PIPE & SUPPLY CO 212681 ELECTRICAL WIRE Materials/Supplies 101-3005-60431 27.17 SMITH PIPE & SUPPLY CO 212681 IRRIGATION PARTS Materials/Supplies 101-3005-60431 483.88 SMITH PIPE & SUPPLY CO 212681 IRRIGATION PVC PIPES (200) Materials/Supplies 101-3005-60431 335.34 MISSION LINEN SUPPLY 212655 PW UNIFORMS Uniforms 101-7006-60690 588.17 RASA/ERIC NELSON 212672 FTM2023-0001 MAP CHECKING SERVIC… Map/Plan Checking 101-7002-60183 350.00 RASA/ERIC NELSON 212672 FTM2022-0003 MAP CHECKING SERVICES Map/Plan Checking 101-7002-60183 875.00 SOUTHWEST BOULDER & ST… 212682 LANDSCAPE ROCK FOR GRAVEL PROGR… Lot Cleaning/Gravel Program 101-6004-60120 754.19 ROBERT HALF 212676 10/20/23 - TEMP AGENCY SERVICES A.… Temporary Agency Services 101-6006-60125 1,575.00 ROBERT HALF 212676 11/24/23 - TEMP AGENCY SERVICES A.… Temporary Agency Services 101-6006-60125 630.00 ROBERT HALF 212676 12/01/23 - TEMP AGENCY SERVICES A.… Temporary Agency Services 101-6006-60125 1,575.00 THE SHERWIN-WILLIAMS CO. 212688 PAINT Materials/Supplies 101-3008-60431 71.00 THE SHERWIN-WILLIAMS CO. 212688 PAINT Materials/Supplies 101-3005-60431 720.25 ALPHA MEDIA LLC 212614 12/2023 - DIGITAL ADS FOR IRONMAN Community Experiences 101-3003-60149 800.00 ALPHA MEDIA LLC 212614 12/2023 - DIGITAL ADS FOR IRONMAN Community Experiences 101-3003-60149 275.00 ALPHA MEDIA LLC 212614 12/2023 - RADIO ADS FOR IRONMAN M… Community Experiences 101-3003-60149 2,171.88 STERICYCLE, INC 212684 11/10/23 - POLICE SHRED LQ Police Volunteers 101-2001-60109 19.25 SHASTA FIRE PROTECTION, I… 212679 FS #93 ANNUAL FIRE SPRINKLER INSPECT… Maintenance/Services 101-2002-60691 550.00 PATTON DOOR & GATE 212665 PW YARD GATE REPAIR Maintenance/Services 101-3008-60691 313.88 PWLC II, INC 212670 12/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,616.00 BEST SIGNS INC 212619 LOBBY MAP NUMBERS 2023 Professional Services 101-1002-60103 757.44 DEPARTMENT OF ANIMAL SE… 212632 10/2023 - ANIMAL SERVICES Animal Shelter Contract Servi… 101-6004-60197 28,623.67 DEPARTMENT OF ANIMAL SE… 212632 11/2023 - ANIMAL SERVICES Animal Shelter Contract Servi… 101-6004-60197 26,047.49 RIVERSIDE ASSESSOR 212674 04/2023 - RECORDING FEES VILLAGE HO… Due to County Recorder 101-0000-20325 50.00 RIVERSIDE ASSESSOR 212674 08/2023 - RECORDING FEES DUNE PAL… Due to County Recorder 101-0000-20325 2,814.00 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 101-2002-61101 2,032.10 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Monticello Park - Uti… 101-3005-61102 13.81 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Civic Center Park - U… 101-3005-61103 4,520.52 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Fritz Burns Park - Uti… 101-3005-61105 1,511.79 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Sports Complex - Uti… 101-3005-61106 6,064.08 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Colonel Paige - Utilit… 101-3005-61108 1,543.73 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Community Park - U… 101-3005-61109 10,563.92 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Adams Park - Utiliti… 101-3005-61110 53.31 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Velasco Park - Utiliti… 101-3005-61111 14.00 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Eisenhower Park - U… 101-3005-61113 19.54 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Desert Pride - Utiliti… 101-3005-61114 13.26 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 101-3008-61101 17,283.15 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water -Community Park - Util… 101-3005-61209 16,060.01 COACHELLA VALLEY WATER D… 212628 WATER SERVICE PM 10 - Dust Control 101-7006-60146 150.00 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 2,957.12 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water - Utilities 101-2002-61200 114.41 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water - Utilities 101-3008-61200 25.41 COACHELLA VALLEY ASSOC O… 212625 08/2023 - ARTS AND MUSIC LINE SHARE… Contributions to Other Agenc… 101-7006-60480 9,971.76 COACHELLA VALLEY ASSOC O… 212625 09/2023 - ARTS AND MUSIC LINE SHARE… Contributions to Other Agenc… 101-7006-60480 11,841.71 VISIT GREATER PALM SPRINGS 212699 Q1 FY 23/24 STVR TBID COLLECTIONS TBID Due to VGPS 101-0000-20303 55,342.85 VISIT GREATER PALM SPRINGS 212699 Q1 FY 23/24 STVR TBID COLLECTIONS VGPS TBID Admin Fee 101-0000-43635 -2,767.14 111 NOTARY SERVICES 212611 11/2023 - VOLUNTEER FINGERPRINTING Recruiting/Pre-Employment 101-1004-60129 92.00 ALLIANT INSURANCE SERVIC… 212613 09/2/23 - SPECIAL EVENT INSURANCE 2… Rental Expense 101-3003-60157 87.00 ALLIANT INSURANCE SERVIC… 212613 10/14/23 - SPECIAL EVENT INSURANCE … Rental Expense 101-3003-60157 87.00 FRONTIER COMMUNICATIO… 212642 11/28-12/27/23 - SPORTS COMPLEX PH… Telephone - Utilities 101-3005-61300 39.08 DESERT RESORT MANAGEM… 212636 12/2023 - SECURITY PATROL SERVICES Professional Services 101-6004-60103 4,018.43 SUNLINE TRANSIT AGENCY 212685 11/2023 - SUNLINE PASSES Due to SunLine 101-0000-20305 71.00 SUNLINE TRANSIT AGENCY 212685 11/2023 - SUNLINE PASSES Miscellaneous Revenue 101-0000-42301 -4.25 T & G GLOBAL, LLC 212687 2023 HOLIDAY DECOR AND LIGHTING FI… Community Experiences 101-3003-60149 24,491.94 COACHELLA VALLEY CONSER… 212626 11/2023 - MSHCP FEES MSHCP Mitigation Fee 101-0000-20310 11,100.44 COACHELLA VALLEY CONSER… 212626 11/2023 - MSHCP FEES CVMSHCP Admin Fee 101-0000-43631 -111.00 RUTAN & TUCKER 133 980234 - SRR Attorney 101-1003-60153 1,830.00 RUTAN & TUCKER 133 980229 - GENERAL Attorney 101-1003-60153 12,454.00 RUTAN & TUCKER 133 980235 - LQ GEM OF THE DESERT Attorney 101-1003-60153 180.00 214 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount RUTAN & TUCKER 133 980236 - RESPONSES FOR PUBLIC RECO… Attorney 101-1003-60153 10,109.00 RUTAN & TUCKER 133 980230 - PERSONNEL Attorney 101-1003-60153 3,241.50 RUTAN & TUCKER 133 980235 - SURPLUS LAND DISPOSITIONS Attorney 101-1003-60153 3,417.00 RUTAN & TUCKER 133 980232 - CODE Attorney 101-1003-60153 783.57 RUTAN & TUCKER 133 980237 - COATS & KOHANFARSI STVR Attorney/Litigation 101-1003-60154 780.00 RUTAN & TUCKER 133 980238 - CAMILLE BARBER ADMIN Attorney/Litigation 101-1003-60154 6,004.90 RUTAN & TUCKER 133 980231 - LITIGATION Attorney/Litigation 101-1003-60154 1,389.00 OCEAN SPRINGS TECH INC 212659 FB POOL CAT MAINTENANCE Fritz Burns Pool Maintenance 101-3005-60184 738.90 OCEAN SPRINGS TECH INC 212659 12/2023 - SPLASH PAD MONTHLY MAIN… LQ Park Water Feature 101-3005-60554 943.00 OCEAN SPRINGS TECH INC 212659 12/2023 - FB POOL MONTHLY MAINTEN… Fritz Burns Pool Maintenance 101-3005-60184 6,082.00 OCEAN SPRINGS TECH INC 212659 SPLASH PAD WATER OUTLETS CLEANING LQ Park Water Feature 101-3005-60554 952.09 RUTAN & TUCKER 133 979882 - RESPONSES FOR PUBLIC RECO… Attorney 101-1003-60153 2,010.00 RUTAN & TUCKER 133 979977 - PERSONNEL Attorney 101-1003-60153 7,612.36 RUTAN & TUCKER 133 979979 - CODE ENFORCEMENT Attorney 101-1003-60153 945.00 RUTAN & TUCKER 133 979981 - SRR Attorney 101-1003-60153 6,690.00 RUTAN & TUCKER 133 979976 - GENERAL Attorney 101-1003-60153 7,367.00 RUTAN & TUCKER 133 979983 - CAMILLE BARBER ADMIN Attorney/Litigation 101-1003-60154 1,624.77 RUTAN & TUCKER 133 979978 - LITIGATION Attorney/Litigation 101-1003-60154 11,043.00 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water -Fritz Burns Park - Utili… 101-3005-61204 4,176.02 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water - Utilities 101-3008-61200 1,008.14 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water -Desert Pride - Utilities 101-3005-61206 2,272.66 QUADIENT FINANCE USA, INC. 212671 1/13-4/12/24 - CITYWIDE POSTAGE MA… Postage Machine 101-1007-60661 2,855.35 JOHNSTONE SUPPLY 212652 STICK LIGHT & BATTERY Tools/Equipment 101-3008-60432 167.29 FERGUSON ENTERPRISES, INC 212638 11/2023 - SERVICE CHARGE Maintenance/Services 101-3008-60691 4.01 RUTAN & TUCKER 133 979426 - RESPONSES FOR PUBLIC RECO… Attorney 101-1003-60153 64.50 RUTAN & TUCKER 133 979388 - SRR Attorney 101-1003-60153 1,968.00 RUTAN & TUCKER 133 979383 - GENERAL Attorney 101-1003-60153 4,767.00 RUTAN & TUCKER 133 979386 - CODE ENFORCEMENT Attorney 101-1003-60153 172.00 RUTAN & TUCKER 133 979384 - PERSONNEL Attorney 101-1003-60153 2,963.93 RUTAN & TUCKER 133 979385 - COATS & KOHANFARSI STVR Attorney/Litigation 101-1003-60154 432.00 RUTAN & TUCKER 133 979390 - CAMILLE BARBER ADMIN APP… Attorney/Litigation 101-1003-60154 4,998.84 RUTAN & TUCKER 133 979385 - LITIGATION Attorney/Litigation 101-1003-60154 2,202.00 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Sheriff Patrol 101-2001-60161 671,820.91 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Police Overtime 101-2001-60162 22,516.77 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Target Team 101-2001-60163 121,118.92 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Community Services Officer 101-2001-60164 57,770.64 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Gang Task Force 101-2001-60166 17,150.40 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Narcotics Task Force 101-2001-60167 17,150.40 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Motor Officer 101-2001-60169 122,331.90 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Dedicated Sargeants 101-2001-60170 47,365.66 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Dedicated Lieutenant 101-2001-60171 25,496.00 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Sheriff - Mileage 101-2001-60172 33,495.01 RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE Special Enforcement Funds 101-2001-60175 4,128.90 SWRCB 212686 7/1/23-6/30/24 - PHASE 1 MSA ANNUAL… Professional Services 101-7002-60103 17,666.00 Fund 101 - GENERAL FUND Total: 1,773,492.21
Fund: 201 - GAS TAX FUND
UNDERGROUND SERVICE AL… 212694 12/1/23 - DIG ALERT SERVICES Materials/Supplies 201-7003-60431 50.25 MYERS & SONS HI-WAY SAFE… 212657 STREET NAME SIGNS Traffic Control Signs 201-7003-60429 3,576.90 WHITE CAP CONSTRUCTION … 212701 MATERIALS Materials/Supplies 201-7003-60431 340.04 HIGH TECH IRRIGATION INC 212646 PARTS & SUPPLIES Materials/Supplies 201-7003-60431 186.41 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 201-7003-61101 931.32 Fund 201 - GAS TAX FUND Total: 5,084.92
Fund: 202 - LIBRARY & MUSEUM FUND
VINTAGE ASSOCIATES 212697 12/2023 - PARK LANDSCAPE MAINTENA… Landscape Contract 202-3004-60112 930.00 VINTAGE ASSOCIATES 212697 12/2023 - PARK LANDSCAPE MAINTENA… Landscape Contract 202-3006-60112 194.00 H&G HOME IMPROVEMENTS … 212645 MUSEUM ROOF REPAIRS DUE TO STORM Maintenance/Services 202-3006-60691 4,950.00 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 202-3004-61101 3,436.75 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 202-3006-61101 1,281.73 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water - Utilities 202-3006-61200 287.61 PACIFIC WEST AIR CONDITIO… 212662 9/12/23 - LIBRARY HVAC REPAIRS HVAC 202-3004-60667 740.16 215 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount PACIFIC WEST AIR CONDITIO… 212662 10/31/23 - LIBRARY HVAC REPAIRS HVAC 202-3004-60667 1,432.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 13,252.25
Fund: 212 - SLESA (COPS) FUND
RIVERSIDE COUNTY SHERIFF … 212675 09/21-10/18/23 - BP #4 POLICE SERVICE COPS Burglary/Theft Prevent… 212-0000-60179 9,677.54 Fund 212 - SLESA (COPS) FUND Total: 9,677.54
Fund: 215 - LIGHTING & LANDSCAPING FUND
WILLDAN FINANCIAL SERVIC… 212703 7/1-9/30/23 - L&L ADMINISTRATIVE SE… Administration 215-7004-60102 3,700.01 TRI-STATE MATERIALS INC 212692 LANDSCAPE D.G Materials/Supplies 215-7004-60431 179.44 SIGNATURE TINT 212680 LQ COVE SIGN INSTALLATION Maintenance/Services 215-7004-60691 100.00 VINTAGE ASSOCIATES 212697 12/2023 - PARK LANDSCAPE MAINTENA… Landscape Contract 215-7004-60112 12,124.00 SMITH PIPE & SUPPLY CO 212681 ELECTRICAL WIRE (3) Materials/Supplies 215-7004-60431 21.17 AUTOZONE 212618 VEHICLE MAINTENANCE SUPPLIES Materials/Supplies 215-7004-60431 20.92 CALIFORNIA DESERT NURSER… 212622 PLANTS Materials/Supplies 215-7004-60431 310.22 PWLC II, INC 212670 12/2023 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 62,674.00 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Utilities 215-7004-61116 5,874.65 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Medians - Utilities 215-7004-61117 2,740.88 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water - Medians - Utilities 215-7004-61211 7,024.44 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water - Medians - Utilities 215-7004-61211 10,761.65 COACHELLA VALLEY WATER D… 212628 WATER SERVICE Water - Medians - Utilities 215-7004-61211 2,271.41 VINTAGE ASSOCIATES 212697 PLANTS Materials/Supplies 215-7004-60431 165.94 IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electric - Utilities 215-7004-61116 937.45 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 108,906.18 Fund: 221 - AB 939 - CALRECYCLE FUND
ALPHA MEDIA LLC 212614 11/2023 - RECYCLING RADIO ADS MIX 1… AB 939 Recycling Solutions 221-0000-60127 3,500.00 ALPHA MEDIA LLC 212614 11/2023 - RECYCLING DIGITAL ADS AB 939 Recycling Solutions 221-0000-60127 3,000.00 DESERT ARC 212634 11/29/23 - SHREDDING AB 939 Recycling Solutions 221-0000-60127 291.50 Fund 221 - AB 939 - CALRECYCLE FUND Total: 6,791.50
Fund: 224 - TUMF FUND
COACHELLA VALLEY ASSOC O… 212625 11/2023 - TUMF FEES TUMF Payable to CVAG 224-0000-20320 23,170.00 Fund 224 - TUMF FUND Total: 23,170.00
Fund: 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROPAC, INC 212669 COT COVER DISPOSABLE Tools/Equipment 226-0000-60432 200.00 Fund 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) Total: 200.00 Fund: 235 - SO COAST AIR QUALITY FUND
IMPERIAL IRRIGATION DIST 212649 ELECTRICAL SERVICE Electricity - Utilities 235-0000-61101 2,368.95 Fund 235 - SO COAST AIR QUALITY FUND Total: 2,368.95
Fund: 241 - HOUSING AUTHORITY
CAHA, BECKY 212621 11/2023 - HOUSING CONSULTANT SERV… Professional Services 241-9101-60103 6,300.00 RUTAN & TUCKER 133 980233 - HOUSING AUTHORITY Attorney 241-9101-60153 150.00 RUTAN & TUCKER 133 979980 - HOUSING AUTHORITY Attorney 241-9101-60153 7,152.00 RUTAN & TUCKER 133 379387 - HOUSING AUTHORITY Attorney 241-9101-60153 4,536.50 Fund 241 - HOUSING AUTHORITY Total: 18,138.50
Fund: 270 - ART IN PUBLIC PLACES FUND
ART GLASS BY MARCUS THES… 212617 OPAL RAINDROP SCULPTURE REPAIRS & … APP Maintenance 270-0000-60683 2,293.00 Fund 270 - ART IN PUBLIC PLACES FUND Total: 2,293.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
IN-SITE LANDSCAPE ARCHITE… 212651 FB PARK PARK DESIGN MASTER PLAN S… Design 401-0000-60185 6,090.00 ORTIZ ENTERPRISES INC. 212661 11/2023 - DUNE PALMS BRIDGE PROGR… Retention Payable 401-0000-20600 -73,648.34 ORTIZ ENTERPRISES INC. 212661 11/2023 - DUNE PALMS BRIDGE PROGR… Construction 401-0000-60188 1,472,966.89 AMERICAN BUSINESS BANK 212615 11/2023 DUNE PALMS BRIDGE RETENTI… Retention Payable 401-0000-20600 73,648.34 CONVERSE CONSULTANTS 212631 9/30-11/24/23 - MATERIALS TESTING C… Technical 401-0000-60108 21,217.00 GRANITE CONSTRUCTION C… 212644 FRED WARING PAVEMENT REHAB PROG… Construction 401-0000-60188 -74,633.00 GRANITE CONSTRUCTION C… 212644 FRED WARING PAVEMENT REHAB PROG… Construction 401-0000-60188 1,492,660.00 GRANITE CONSTRUCTION C… 212644 AVE 50 & AVE 52 PAVEMENT REHAB NO… Construction 401-0000-60188 49,452.80 GRANITE CONSTRUCTION C… 212644 AVE 50 & AVE 52 PAVEMENT REHAB NO… Construction 401-0000-60188 -2,472.64 PLANIT REPROGRAPHICS SYS… 212667 EISENHOWER RETENTION BASIN REPAIR… Construction 401-0000-60188 84.09 CONVERGINT TECHNOLOGIES… 212630 09/2023 - CITYWIDE CAMERA SYSTEM … Construction 401-0000-60188 1,937.42 216 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount CONVERGINT TECHNOLOGIES… 212630 10/2023 - CITYWIDE CAMERA SYSTEM … Construction 401-0000-60188 1,937.42 CONVERGINT TECHNOLOGIES… 212630 11/2023 - CITYWIDE CAMERA SYSTEM … Construction 401-0000-60188 1,937.42 LANDMARK CONSULTANTS, … 212653 11/9-11/22/23 FRED WARING PAVEME… Technical 401-0000-60108 1,293.60 WALTERS WHOLESALE ELECT… 212700 BLACK CABLE TIES Construction 401-0000-60188 116.22 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 2,972,587.22 Fund: 501 - FACILITY & FLEET REPLACEMENT
HILARIO, BENJAMIN 212647 VEHICLE WASHES Vehicle Repair & Maintenan… 501-0000-60676 470.00 INLAND POWER EQUIPMENT… 212650 PARTS & UPFITS FOR TRAILER Parts, Accessories, and Upfits 501-0000-60675 541.59 PARKHOUSE TIRE INC 212663 TIRES FOR BACKHOE Parts, Accessories, and Upfits 501-0000-60675 1,213.75 AUTOZONE 212618 VEHICLE CRANKCASE VENT HOSE Parts, Accessories, and Upfits 501-0000-60675 15.17 AUTOZONE 212618 ANITFREEZE FOR VEHICLE Parts, Accessories, and Upfits 501-0000-60675 14.13 AUTOZONE 212618 DIESEL EXHAUST FLUID Parts, Accessories, and Upfits 501-0000-60675 89.13 AUTOZONE 212618 VEHICLE ELECTRICAL WIRE CONNECTOR Parts, Accessories, and Upfits 501-0000-60675 4.12 AUTOZONE 212618 VEHICLE BATTERY Parts, Accessories, and Upfits 501-0000-60675 493.35 AUTOZONE 212618 VEHICLE BATTERY CORE REFUND Parts, Accessories, and Upfits 501-0000-60675 -22.00 AUTOZONE 212618 VEHICLE MAINTENANCE PARTS Parts, Accessories, and Upfits 501-0000-60675 40.34 AUTOZONE 212618 AIR LINE INFLATOR & WASHER FLUID Parts, Accessories, and Upfits 501-0000-60675 32.39 AUTOZONE 212618 VEHICLE HYDRAULIC FLUID Parts, Accessories, and Upfits 501-0000-60675 26.63 AUTOZONE 212618 VEHICLE BATTERY & GAS CAN TRANSFER Parts, Accessories, and Upfits 501-0000-60675 303.22 AUTOZONE 212618 VEHICLE BATTERY CORE REFUND Parts, Accessories, and Upfits 501-0000-60675 -22.00 BMW MOTORCYCLES OF RIV… 212620 MOTOCYCLE REPAIRS A1245 Motorcycle Repair & Mainte… 501-0000-60679 434.94 S&D CARWASH MANAGEME… 212677 11/2023 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenan… 501-0000-60676 839.58 POWERPLAN BF 212668 WHEEL FOR BACKHOE Parts, Accessories, and Upfits 501-0000-60675 561.22 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 5,035.56 Fund: 502 - INFORMATION TECHNOLOGY
ACORN TECHNOLOGY SERVI… 212612 12/2023 - IT SERVICES Consultants 502-0000-60104 28,919.00 TPX COMMUNICATIONS 212690 11/23-12/22/23 - PHONE LINE SVC Telephone - Utilities 502-0000-61300 3,797.91 GOVINVEST, INC 212643 7/1-12/24/24 PENSION MODULE SUBSC… Prepaid Expense 502-0000-13600 4,000.00 GOVINVEST, INC 212643 7/1-12/27/24 - OPEB MODULE SUBSCRI… Prepaid Expense 502-0000-13600 4,000.00 GOVINVEST, INC 212643 12/28/23-6/30/24 - OPEB MODULE SUB… Software Licenses 502-0000-60301 4,000.00 GOVINVEST, INC 212643 12/28/23-6/30/24 PENSION MODULE S… Software Licenses 502-0000-60301 4,000.00 FISHER INTEGRATED INC 212639 09/2023 - MONTHLY FEE Consultants 502-0000-60104 1,100.00 FISHER INTEGRATED INC 212639 09/2023 CC VIDEO STREAMING Consultants 502-0000-60104 600.00 FISHER INTEGRATED INC 212639 10/2023 - MONTHLY FEE Consultants 502-0000-60104 1,100.00 FISHER INTEGRATED INC 212639 10/2023 CC VIDEO STREAMING Consultants 502-0000-60104 600.00 FISHER INTEGRATED INC 212639 11/2023 - MONTHLY FEE Consultants 502-0000-60104 1,100.00 FISHER INTEGRATED INC 212639 11/2023 CC VIDEO STREAMING Consultants 502-0000-60104 600.00 TRITON TECHNOLOGY SOLUT… 212693 CHAMBER AV EQUIPMENT Maintenance Agreements 502-0000-60300 638.33 RINCON CONSULTANTS, INC. 212673 11/2023 - GEOGRAPHIC INFORMATION … Software Licenses 502-0000-60301 8,240.25 Fund 502 - INFORMATION TECHNOLOGY Total: 62,695.49
Grand Total: 5,003,693.32
217 CLICK HERE to Return to Agenda
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 1,773,492.21
201 - GAS TAX FUND 5,084.92
202 - LIBRARY & MUSEUM FUND 13,252.25
212 - SLESA (COPS) FUND 9,677.54
215 - LIGHTING & LANDSCAPING FUND 108,906.18
221 - AB 939 - CALRECYCLE FUND 6,791.50
224 - TUMF FUND 23,170.00
226 - EMERGENCY MANAGEMENT PERFORMANCE GRAN… 200.00
235 - SO COAST AIR QUALITY FUND 2,368.95
241 - HOUSING AUTHORITY 18,138.50
270 - ART IN PUBLIC PLACES FUND 2,293.00
401 - CAPITAL IMPROVEMENT PROGRAMS 2,972,587.22
501 - FACILITY & FLEET REPLACEMENT 5,035.56
502 - INFORMATION TECHNOLOGY 62,695.49
Grand Total: 5,003,693.32
Account Summary
Account Number Account Name Expense Amount
101-0000-20303 TBID Due to VGPS 55,342.85
101-0000-20305 Due to SunLine 71.00
101-0000-20308 SMIP Fees Payable 1,991.65
101-0000-20310 MSHCP Mitigation Fee 11,100.44
101-0000-20325 Due to County Recorder 2,864.00
101-0000-20981 United Way Deductions 74.00
101-0000-20985 Garnishments Payable 445.48
101-0000-42301 Miscellaneous Revenue -4.25
101-0000-42610 SMIP Fees -99.58
101-0000-43631 CVMSHCP Admin Fee -111.00
101-0000-43635 VGPS TBID Admin Fee -2,767.14
101-1002-60103 Professional Services 757.44
101-1002-60400 Office Supplies 15.21
101-1003-60153 Attorney 66,574.86
101-1003-60154 Attorney/Litigation 28,474.51
101-1004-50252 Annual Wellness Dollar … 200.00
101-1004-60104 Consultants/Employee S… 975.00
101-1004-60129 Recruiting/Pre-Employm… 92.00
101-1004-60340 Employee Recognition E… 37.37
101-1006-60102 Administration 109.50
101-1006-60400 Office Supplies 86.99
101-1007-60661 Postage Machine 2,855.35
101-2001-60109 LQ Police Volunteers 413.04
101-2001-60161 Sheriff Patrol 671,820.91
101-2001-60162 Police Overtime 22,516.77
101-2001-60163 Target Team 121,118.92
101-2001-60164 Community Services Offi… 57,770.64
101-2001-60166 Gang Task Force 17,150.40
101-2001-60167 Narcotics Task Force 17,150.40
101-2001-60168 School Officer 47,909.13
101-2001-60169 Motor Officer 122,331.90
101-2001-60170 Dedicated Sargeants 47,365.66
101-2001-60171 Dedicated Lieutenant 25,496.00
101-2001-60172 Sheriff - Mileage 33,495.01
101-2001-60175 Special Enforcement Fu… 4,128.90
101-2002-60112 Landscape Contract 1,616.00
101-2002-60406 Disaster Prep Supplies 2,273.78
101-2002-60691 Maintenance/Services 550.00
101-2002-61101 Electricity - Utilities 2,032.10
101-2002-61200 Water - Utilities 114.41
101-2002-61300 Telephone - Utilities 1,809.24
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Account Summary
Account Number Account Name Expense Amount
101-2002-61400 Cable/Internet - Utilities 199.98
101-3002-60107 Instructors 896.00
101-3002-60400 Office Supplies 231.61
101-3002-60420 Operating Supplies 1,044.95
101-3003-60149 Community Experiences 30,153.82
101-3003-60157 Rental Expense 174.00
101-3005-60112 Landscape Contract 67,311.00
101-3005-60184 Fritz Burns Pool Mainten… 6,820.90
101-3005-60400 Office Supplies 31.84
101-3005-60431 Materials/Supplies 21,516.64
101-3005-60554 LQ Park Water Feature 1,895.09
101-3005-60691 Maintenance/Services 21,657.74
101-3005-61102 Electric - Monticello Park… 13.81
101-3005-61103 Electric - Civic Center Pa… 4,520.52
101-3005-61105 Electric - Fritz Burns Park… 1,511.79
101-3005-61106 Electric - Sports Complex… 6,064.08
101-3005-61108 Electric - Colonel Paige -… 1,543.73
101-3005-61109 Electric - Community Par… 10,563.92
101-3005-61110 Electric - Adams Park - Ut… 53.31
101-3005-61111 Electric - Velasco Park - … 14.00
101-3005-61113 Electric - Eisenhower Par… 19.54
101-3005-61114 Electric - Desert Pride - U… 13.26
101-3005-61204 Water -Fritz Burns Park -… 4,176.02
101-3005-61206 Water -Desert Pride - Util… 2,272.66
101-3005-61207 Water -Pioneer Park - Uti… 2,957.12
101-3005-61209 Water -Community Park … 16,060.01
101-3005-61300 Telephone - Utilities 39.08
101-3007-60461 Marketing & Tourism Pr… 55,232.96
101-3008-60431 Materials/Supplies 1,080.81
101-3008-60432 Tools/Equipment 167.29
101-3008-60691 Maintenance/Services 7,577.89
101-3008-61101 Electricity - Utilities 17,283.15
101-3008-61200 Water - Utilities 1,033.55
101-6004-60103 Professional Services 4,641.43
101-6004-60120 Lot Cleaning/Gravel Prog… 754.19
101-6004-60197 Animal Shelter Contract … 54,671.16
101-6006-60125 Temporary Agency Servi… 3,780.00
101-7002-60103 Professional Services 17,666.00
101-7002-60183 Map/Plan Checking 18,091.00
101-7003-60420 Operating Supplies 216.97
101-7003-60432 Tools/Equipment 685.97
101-7006-60146 PM 10 - Dust Control 302.89
101-7006-60480 Contributions to Other A… 21,813.47
101-7006-60690 Uniforms 588.17
201-7003-60429 Traffic Control Signs 3,576.90
201-7003-60431 Materials/Supplies 576.70
201-7003-61101 Electricity - Utilities 931.32
202-3004-60112 Landscape Contract 930.00
202-3004-60667 HVAC 2,172.16
202-3004-61101 Electricity - Utilities 3,436.75
202-3006-60112 Landscape Contract 194.00
202-3006-60691 Maintenance/Services 4,950.00
202-3006-61101 Electricity - Utilities 1,281.73
202-3006-61200 Water - Utilities 287.61
212-0000-60179 COPS Burglary/Theft Pre… 9,677.54
215-7004-60102 Administration 3,700.01
215-7004-60112 Landscape Contract 74,798.00
215-7004-60431 Materials/Supplies 697.69
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Account Summary
Account Number Account Name Expense Amount
215-7004-60691 Maintenance/Services 100.00
215-7004-61116 Electric - Utilities 6,812.10
215-7004-61117 Electric - Medians - Utilit… 2,740.88
215-7004-61211 Water - Medians - Utiliti… 20,057.50
221-0000-60127 AB 939 Recycling Solutio… 6,791.50
224-0000-20320 TUMF Payable to CVAG 23,170.00
226-0000-60432 Tools/Equipment 200.00
235-0000-61101 Electricity - Utilities 2,368.95
241-9101-60103 Professional Services 6,300.00
241-9101-60153 Attorney 11,838.50
270-0000-60683 APP Maintenance 2,293.00
401-0000-20600 Retention Payable 0.00
401-0000-60108 Technical 22,510.60
401-0000-60185 Design 6,090.00
401-0000-60188 Construction 2,943,986.62
501-0000-60675 Parts, Accessories, and … 3,291.04
501-0000-60676 Vehicle Repair & Maint… 1,309.58
501-0000-60679 Motorcycle Repair & Ma… 434.94
502-0000-13600 Prepaid Expense 8,000.00
502-0000-60104 Consultants 34,019.00
502-0000-60300 Maintenance Agreements 638.33
502-0000-60301 Software Licenses 16,240.25
502-0000-61300 Telephone - Utilities 3,797.91
Grand Total: 5,003,693.32
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 1,973,238.32
111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-5433(014)1,472,966.89 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-5433(014) 0.00 201901T Technical Expense Village Art Plaza Promenade & Cultural Campus 21,217.00 202003CT Construction Expense Citywide Public Safety Camera System 5,812.26 202008CB Contribution Expense Avenue 48 Art and Music Line Project 21,813.47 202102D Design Expense Fritz Burns Park Improvements 6,090.00 202201CT Construction Expense Avenue 50 Pavement Rehab (Wash St to Eisenhower) 49,452.80 202201RP Retention Payable Avenue 50 Pavement Rehab (Wash St to Eisenhower) -2,472.64 202203CT Construction Expense Fred Waring Drive Pavement Rehabilitation1,418,027.00 202203T Technical Expense Fred Waring Drive Pavement Rehabilitation 1,293.60 202216E General PW Maint - Desert Concep… General PW Maintenance - Desert Concepts 3,500.00 202320E Cyclone Hilary FEMA Reimbursable… Tropical Cyclone Hilary 4,950.00 202322CT Construction Expense Eisenhower Retention Basin Slope Repair 84.09 2324TMICT Construction Expense FY23/24 Traffic Maintenance Improvements 116.22 CSA152E CSA 152 Expenses CSA 152 Project Tracking 17,666.00 IRONE Ironman Expense Ironman Event 3,246.88
STVRE Short Term Vacation Rental Expen… Short Term Vacation Rental Tracking 4,641.43 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 2,050.00 Grand Total: 5,003,693.32
*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: APPKT03675 - 12/22/2023
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
M A BUILDERS 212723 OVERPAYMENT REFUND BCOM2023-00… Credit Card Fee Revenue 101-0000-43505 23.75 MCCUNE, KELLI 212726 OVERPAYMENT REFUND LIC-0004934 Over Payments, AR Policy 101-0000-20330 48.30 RIVERA, JOANNE 212733 OVERPAYMENT REFUND LIC-0111063 Over Payments, AR Policy 101-0000-20330 65.50 VINTAGE E & S INC 212747 REPLACE LED LIGHT TRIMS AT CH Maintenance/Services 101-3008-60691 844.15 VINTAGE E & S INC 212747 INSTALL FLUORESCENT BALLAST AT CH Maintenance/Services 101-3008-60691 726.57 TUVELL, TAYLOR FLOYD 212743 ICC CERTIFICATION EXAM REIMB T.TUV… Travel & Training 101-6003-60320 265.00 WISE, ASHTON 212750 2024 VISITORS MAGAZINE COVER PHO… Marketing & Tourism Promot… 101-3007-60461 300.00 RAMOS STEAM & PRESSURE… 212732 STEAM WASH CH PILARS & MONUMENT… Maintenance/Services 101-3008-60691 800.00 PALMS TO PINES PRINTING 212730 CITY POLO SHIRTS FOR IT & ORGANICS … Promotional Items 101-3007-60134 983.09 PALMS TO PINES PRINTING 212730 SHOP LOCAL CANVAS TOTES Promotional Items 101-3007-60134 911.35 MCGINLEY, LAURIE 212727 12/12-12/15/23 CA LEAGUE SEMINAR R… Travel & Training 101-1005-60320 173.69 LORETT, LORI 212722 INSURANCE SETTLEMENT Life Insurance 101-1005-50224 7,500.00 SOUTHWEST AQUATICS INC 212738 12/2023 - LAKE MAINTENANCE SERVICES Civic Center Lake Maintenan… 101-3005-60117 1,350.00 SOUTHWEST AQUATICS INC 212738 12/2023 - LAKE MAINTENANCE SERVICES SilverRock Lake Maintenance 101-3005-60189 1,350.00 JOE A GONSALVES & SON 212719 01/2024 - LOBBYIST SERVICES Contract Services - Administr… 101-1002-60101 3,500.00 NBS 212728 11/2023 - ELECTRIC UTILITY FEASIBILITY … Contingency for Operations 101-1002-60510 1,020.00 VERITAS TECHNOLOGIES LLC 212744 11/2023 - DATA BACK UP FOR LASERFIC… Professional Services 101-1005-60103 1,027.81 RAMOS STEAM & PRESSURE… 212732 STEAM WASH WC FENCE & SIDEWALK Maintenance/Services 101-3008-60691 300.00 JENSEN, SHARLA W 212718 PERSONAL TRAINING 6 SESSIONS CLASS… Instructors 101-3002-60107 1,584.00 JENSEN, SHARLA W 212718 1 DAY SESSION CLASS Instructors 101-3002-60107 48.00 JENSEN, SHARLA W 212718 PERSONAL TRAINING 3 SESSIONS CLASS… Instructors 101-3002-60107 396.00 VIELHARBER, KAREN 212746 GENTLE YOGA TUESDAY CLASS Instructors 101-3002-60107 189.00 SHIRY, TERESA 212735 BALLROOM BEGINNING CLASS Instructors 101-3002-60107 140.00 SHIRY, TERESA 212735 BALLROOM BEGINNING DI CLASSES Instructors 101-3002-60107 105.00 RUDY, LORI A 212734 ESSENTIAL FITNESS CLASS Instructors 101-3002-60107 217.00 RUDY, LORI A 212734 ESSENTIAL FITNESS DI CLASSES Instructors 101-3002-60107 159.60 WILLIAMS, BILLEE 212749 PILATES CLASS Instructors 101-3002-60107 163.80 ALLIANT INSURANCE SERVIC… 212705 12/05/23 - INSURANCE FOR CH OPEN H… Community Special Events 101-1001-60137 540.00 PJ'S DESERT TROPHIES & GIF… 212731 SIGNS & PLATES FOR FS #70 Fire Station 101-2002-60670 1,245.19 SMITH PIPE & SUPPLY CO 212737 IRRIGATION PARTS Materials/Supplies 101-3005-60431 1,931.62 SMITH PIPE & SUPPLY CO 212737 PVC BUSHINGS Materials/Supplies 101-3005-60431 15.39 THE SHERWIN-WILLIAMS CO. 212742 PAINT & PAINT SUPPLIES Materials/Supplies 101-3005-60431 704.65 MCCOOK SALES INC 212725 EOC WATER PIPE REPAIR Maintenance/Services 101-3008-60691 550.00 SOUTHWEST BOULDER & ST… 212739 PLAYGROUND CHIPS Materials/Supplies 101-3005-60431 4,789.27 DEPARTMENT OF JUSTICE 212712 11/2023 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 70.00 BRIGHT EVENT RENTALS, LLC 212709 12/1/23 FENCING & HEATERS FOR TREE … Community Experiences 101-3003-60149 3,034.92 FEDEX 212714 12/6/23 - FSA NOTICES Postage 101-1007-60470 252.62 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 101-3005-60431 978.75 FRONTIER COMMUNICATIO… 212715 12/2023 - LQ PARK PHONE Telephone - Utilities 101-3005-61300 48.64 COUNTY OF RIVERSIDE PUBL… 212710 11/2023 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 136.83 HINDERLITER DE LLAMAS & … 212716 10/1-12/31/23 - AUDIT & SALES TAX CO… Consultants 101-1006-60104 3,401.97 Fund 101 - GENERAL FUND Total: 41,891.46
Fund: 201 - GAS TAX FUND
ZUMAR INDUSTRIES INC 212751 STREET NAME SIGNS Traffic Control Signs 201-7003-60429 4,172.18 Fund 201 - GAS TAX FUND Total: 4,172.18
Fund: 215 - LIGHTING & LANDSCAPING FUND
WILLDAN FINANCIAL SERVIC… 212748 1/1-3/31/24 - L&L ADMINISTRATIVE SE… Administration 215-7004-60102 3,628.14 SIGNATURE TINT 212736 NAVARRO STREET SIGN INSTALLATION Materials/Supplies 215-7004-60431 110.43 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 215-7004-60431 4,824.15 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 215-7004-60431 4,143.38 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 215-7004-60431 1,558.39 MACIAS NURSERY, INC. 212724 PLANTS Materials/Supplies 215-7004-60431 3,251.62 IMPERIAL IRRIGATION DIST 212717 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 512.26 221 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount IMPERIAL IRRIGATION DIST 212717 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 24.68 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 18,053.05 Fund: 221 - AB 939 - CALRECYCLE FUND
ALPHA MEDIA LLC 212706 10/2023 - RECYCLING RADIO ADS MIX 1… AB 939 Recycling Solutions 221-0000-60127 3,500.00 ALPHA MEDIA LLC 212706 10/2023 - RECYCLING DIGITAL ADS AB 939 Recycling Solutions 221-0000-60127 3,000.00 Fund 221 - AB 939 - CALRECYCLE FUND Total: 6,500.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
T.Y. LIN INTERNATIONAL 212741 09/2023 - DUNE PALMS RD BRIDGE MA… Construction 401-0000-60188 89,884.30 T.Y. LIN INTERNATIONAL 212741 10/2023 - DUNE PALMS RD BRIDGE MA… Construction 401-0000-60188 125,014.40 ST. FRANCIS ELECTRIC, LLC 212740 11/2023 - ONCALL TRAFFIC SIGNAL MAI… Construction 401-0000-60188 1,514.00 NV5 212729 10/29-11/25/23 AVE 50/52 PAVEMENT … Technical 401-0000-60108 4,157.50 LANDMARK CONSULTANTS, … 212720 11/23-12/6/23 FRED WARING PAVEME… Technical 401-0000-60108 1,190.40 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 221,760.60 Fund: 501 - FACILITY & FLEET REPLACEMENT
VINTAGE E & S INC 212747 REPLACED OLD TOWN PARKING LOT EV … City Bldg Repl/Repair 501-0000-71103 1,436.41 VINTAGE E & S INC 212747 REPLACED CH PARKING LOT EV CHARGER City Bldg Repl/Repair 501-0000-71103 1,928.82 AMERICAN TIRE DEPOT 212707 22 CHEVY COLORADO FLAT TIRE REPAIR… Vehicle Repair & Maintenan… 501-0000-60676 308.88 AMERICAN TIRE DEPOT 212707 TIRES FOR TRAILER Parts, Accessories, and Upfits 501-0000-60675 548.40 AMERICAN TIRE DEPOT 212707 TIRES FOR 22 CHEVY SILVERADO VIN F1… Vehicle Repair & Maintenan… 501-0000-60676 414.99 AMERICAN TIRE DEPOT 212707 OIL CHANGE FOR 15 FORD EXPLORER VI… Vehicle Repair & Maintenan… 501-0000-60676 119.88 AUTOZONE 212708 VEHICLE JUMPER STARTER & WIPER BL… Parts, Accessories, and Upfits 501-0000-60675 370.99 ENTERPRISE FM TRUST 212713 12/2023 - FLEET LEASES Vehicles, Rentals & Leases 501-0000-71030 3,136.22 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 8,264.59 Fund: 502 - INFORMATION TECHNOLOGY
DELL MARKETING LP 212711 NASPO EQUIPMENT Machinery & Equipment 502-0000-80100 4,921.38 VERIZON WIRELESS 212745 11/2-12/1/23 - BACKUP SERVER (2183) Cable/Internet - Utilities 502-0000-61400 66.17 VERIZON WIRELESS 212745 11/2-12/1/23 - CITY IPADS (5587) Cell/Mobile Phones 502-0000-61301 1,273.95 VERIZON WIRELESS 212745 11/2-12/1/23 - CITY CELL SVC (5496) Cell/Mobile Phones 502-0000-61301 3,321.74 FRONTIER COMMUNICATIO… 212715 12/3/23-1/2/24 - 2ND CITY INTERNET LI… Cable/Internet - Utilities 502-0000-61400 2,633.10 FRONTIER COMMUNICATIO… 212715 12/4/23-1/3/24 - DSL SVC Cable/Internet - Utilities 502-0000-61400 436.95 Fund 502 - INFORMATION TECHNOLOGY Total: 12,653.29
Fund: 601 - SILVERROCK RESORT
LANDMARK GOLF MANAGE… 212721 REFUND OCT & NOV FOOD & BEVERAGE… Due to Other Agencies 601-0000-20300 2,109.67 Fund 601 - SILVERROCK RESORT Total: 2,109.67
Grand Total: 315,404.84
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 41,891.46
201 - GAS TAX FUND 4,172.18
215 - LIGHTING & LANDSCAPING FUND 18,053.05
221 - AB 939 - CALRECYCLE FUND 6,500.00
401 - CAPITAL IMPROVEMENT PROGRAMS 221,760.60
501 - FACILITY & FLEET REPLACEMENT 8,264.59
502 - INFORMATION TECHNOLOGY 12,653.29
601 - SILVERROCK RESORT 2,109.67
Grand Total: 315,404.84
Account Summary
Account Number Account Name Expense Amount
101-0000-20330 Over Payments, AR Policy 113.80
101-0000-43505 Credit Card Fee Revenue 23.75
101-1001-60137 Community Special Even… 540.00
101-1002-60101 Contract Services - Admi… 3,500.00
101-1002-60510 Contingency for Operati… 1,020.00
101-1005-50224 Life Insurance 7,500.00
101-1005-60103 Professional Services 1,027.81
101-1005-60320 Travel & Training 173.69
101-1006-60104 Consultants 3,401.97
101-1007-60470 Postage 252.62
101-2001-60174 Blood/Alcohol Testing 70.00
101-2001-60420 Operating Supplies 136.83
101-2002-60670 Fire Station 1,245.19
101-3002-60107 Instructors 3,002.40
101-3003-60149 Community Experiences 3,034.92
101-3005-60117 Civic Center Lake Maint… 1,350.00
101-3005-60189 SilverRock Lake Mainten… 1,350.00
101-3005-60431 Materials/Supplies 8,419.68
101-3005-61300 Telephone - Utilities 48.64
101-3007-60134 Promotional Items 1,894.44
101-3007-60461 Marketing & Tourism Pr… 300.00
101-3008-60691 Maintenance/Services 3,220.72
101-6003-60320 Travel & Training 265.00
201-7003-60429 Traffic Control Signs 4,172.18
215-7004-60102 Administration 3,628.14
215-7004-60431 Materials/Supplies 13,887.97
215-7004-61116 Electric - Utilities 512.26
215-7004-61117 Electric - Medians - Utilit… 24.68
221-0000-60127 AB 939 Recycling Solutio… 6,500.00
401-0000-60108 Technical 5,347.90
401-0000-60188 Construction 216,412.70
501-0000-60675 Parts, Accessories, and … 919.39
501-0000-60676 Vehicle Repair & Maint… 843.75
501-0000-71030 Vehicles, Rentals & Leas… 3,136.22
501-0000-71103 City Bldg Repl/Repair 3,365.23
502-0000-61301 Cell/Mobile Phones 4,595.69
502-0000-61400 Cable/Internet - Utilities 3,136.22
502-0000-80100 Machinery & Equipment 4,921.38
601-0000-20300 Due to Other Agencies 2,109.67
Grand Total: 315,404.84
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 90,609.32
111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-5433(014) 214,898.70 202201T Technical Expense Avenue 50 Pavement Rehab (Wash St to Eisenhower) 4,157.50 223 CLICK HERE to Return to Agenda
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Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount 202203T Technical Expense Fred Waring Drive Pavement Rehabilitation 1,190.40 2324TMICT Construction Expense FY23/24 Traffic Maintenance Improvements 1,514.00 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 3,034.92 Grand Total: 315,404.84
*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: APPKT03684 - 01/05/2024 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
FRANCHISE TAX BOARD 212768 GARNISHMENT Garnishments Payable 101-0000-20985 222.74 UNITED WAY OF THE DESERT 212791 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 WILLDAN 212794 11/2023 - ONCALL TRAFFIC ENGINEERI… Contract Traffic Engineer 101-7006-60144 140.00 VINTAGE E & S INC 212793 YEARLY SPORTS COMPLEX/LQ PARK LIG… Maintenance/Services 101-3005-60691 4,728.50 GARDAWORLD 212770 12/2023 - ARMORED SERVICES Professional Services 101-1006-60103 303.30 PALMS TO PINES PRINTING 212780 CITY PENCIL CASES Promotional Items 101-3007-60134 1,214.84 STATE OF RHODE ISLAND DIV… 212786 SIT SIT Payable 101-0000-20925 29.47 SPARKLETTS 212785 11/1/23 & 11/15/23 - DRINKING WATER Operating Supplies 101-7003-60420 249.80 SPARKLETTS 212785 11/29/23 & 12/13/23 - DRINKING WATER Operating Supplies 101-7003-60420 204.72 DECKARD TECHNOLOGIES, I… 212764 01/2024 - RENTALSCAPE Professional Services 101-1005-60103 3,750.00 OMEGA INDUSTRIAL SUPPLY, … 212778 GRAFFITI REMOVAL SUPPLIES Supplies-Graffiti and Vandali… 101-3005-60423 1,060.54 SPARKLETTS 212784 11/26/23 - CITYWIDE DRINKING WATER Citywide Supplies 101-1007-60403 238.33 DATA TICKET, INC. 212763 11/2023 - POLICE CITATION PROCESSING Administrative Citation Servi… 101-6004-60111 150.00 DATA TICKET, INC. 212763 11/2023 - CODE CITATION PROCESSING Administrative Citation Servi… 101-6004-60111 200.00 CAPITAL ONE 212759 SHOP WITH A COP EVENT Special Enforcement Funds 101-2001-60175 1,773.26 DUNN-EDWARDS CORPORAT… 212766 PAINT & PAINT SUPPLIES Materials/Supplies 101-3008-60431 55.49 ANSAFONE CONTACT CENTE… 212754 12/2023 - PM 10 ANSWERING SERVICE PM 10 - Dust Control 101-7006-60146 160.39 ALL PRO BEVERAGE INC 212752 LOBBY COFFEE SUPPLIES Citywide Supplies 101-1007-60403 637.98 APWA 212755 APWA MEMBERSHIP DUES Membership Dues 101-7006-60351 1,737.75 THE SHERWIN-WILLIAMS CO. 212788 PAINT Materials/Supplies 101-3005-60431 138.85 LH PRODUCTIONS 212774 12/1/23 - AV SERVICE FRO TREE LIGHTI… Community Experiences 101-3003-60149 7,301.56 THE CHAMBER 212787 01/2024 - GEM PUBLICATION Marketing & Tourism Promot… 101-3007-60461 14,465.75 BIO-TOX LABORATORIES 212756 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 978.45 BIO-TOX LABORATORIES 212756 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 260.00 RASA/ERIC NELSON 212782 FPM 2023-1001 ONCALL MAP CHECKING… Map/Plan Checking 101-7002-60183 1,885.00 RASA/ERIC NELSON 212782 LLA 2023-1001 ONCALL MAP CHECKING … Map/Plan Checking 101-7002-60183 780.00 MERCHANTS BUILDING MAI… 212776 11/2023 - JANITORIAL SERVICES Janitorial 101-3008-60115 15,947.62 HIGH TECH IRRIGATION INC 212771 IRRIGATION PARTS Materials/Supplies 101-3005-60431 534.47 HIGH TECH IRRIGATION INC 212771 SMALL TOOLS Tools/Equipment 101-7003-60432 88.60 HIGH TECH IRRIGATION INC 212771 IRRIGATION PARTS Materials/Supplies 101-3005-60431 103.58 AMERICAN FORENSIC NURSE… 212753 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 370.71 AMERICAN FORENSIC NURSE… 212753 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 350.00 RUTAN & TUCKER 134 12/2023 - RETAINER Attorney 101-1003-60153 13,200.00 IMPERIAL IRRIGATION DIST 212772 ELECTRICITY SERVICE Electricity - Utilities 101-2002-61101 764.09 IMPERIAL IRRIGATION DIST 212772 ELECTRICITY SERVICE Electric - Civic Center Park - U… 101-3005-61103 5,230.76 IMPERIAL IRRIGATION DIST 212772 ELECTRICITY SERVICE Electric - Fritz Burns Park - Uti… 101-3005-61105 376.22 IMPERIAL IRRIGATION DIST 212772 ELECTRICITY SERVICE Electricity - Utilities 101-3008-61101 15,859.29 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water - Utilities 101-2002-61200 546.58 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Monticello Park - Utili… 101-3005-61201 1,789.44 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Fritz Burns Park - Utili… 101-3005-61204 260.34 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Seasons Park - Utilities 101-3005-61208 29.10 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Community Park - Util… 101-3005-61209 242.85 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water - Utilities 101-3008-61200 68.03 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water - Civic Center Park - Uti… 101-3005-61202 9,794.06 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 1,486.02 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Community Park - Util… 101-3005-61209 6,587.99 COACHELLA VALLEY WATER D… 212762 WATER SERVICE PM 10 - Dust Control 101-7006-60146 147.14 EIDE BAILLY LLP 212767 FY 22/23 ACFR AUDIT Auditors 101-1006-60106 23,300.00 PACIFIC WEST AIR CONDITIO… 212779 12/2023 - CH WATER TREATMENT HVAC 101-3008-60667 125.00 PETRA-1, LP 212781 WC GYM WIPES 4 CASES Operating Supplies 101-3002-60420 656.51 RIVERSIDE ASSESSOR 212783 11/2023 - RECORDING FEES Technical 101-6004-60108 20.00 OCEAN SPRINGS TECH INC 212777 11/2023 - SPLASH PAD MONTHLY MAIN… LQ Park Water Feature 101-3005-60554 943.00 COACHELLA VALLEY WATER D… 212762 WATER SERVICE PM 10 - Dust Control 101-7006-60146 42.39 225 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water - Utilities 101-2002-61200 221.22 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Eisenhower Park - Util… 101-3005-61203 191.94 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Fritz Burns Park - Utili… 101-3005-61204 2,269.62 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water -Velasco Park - Utilities 101-3005-61205 116.40 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water - Utilities 101-3008-61200 651.32 Fund 101 - GENERAL FUND Total: 145,018.01
Fund: 201 - GAS TAX FUND
TOPS' N BARRICADES INC 212789 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 168.89 UNDERGROUND SERVICE AL… 212790 1/1/24 - DIG ALERT SERVICES Materials/Supplies 201-7003-60431 46.75 IMPERIAL IRRIGATION DIST 212772 ELECTRICTY SERVICE Electricity - Utilities 201-7003-61101 815.82 Fund 201 - GAS TAX FUND Total: 1,031.46
Fund: 202 - LIBRARY & MUSEUM FUND
MERCHANTS BUILDING MAI… 212776 11/2023 - JANITORIAL SERVICES Janitorial 202-3004-60115 3,264.32 MERCHANTS BUILDING MAI… 212776 11/2023 - JANITORIAL SERVICES Janitorial 202-3006-60115 989.54 FRONTIER COMMUNICATIO… 212769 12/13/23-1/12/24 - MUSEUM PHONE Telephone - Utilities 202-3006-61300 125.88 PACIFIC WEST AIR CONDITIO… 212779 12/2023 - LIBRARY WATER TREATMENT HVAC 202-3004-60667 125.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 4,504.74
Fund: 215 - LIGHTING & LANDSCAPING FUND
VINTAGE E & S INC 212793 12/6/23 - LA FONDA LIGHTING MAINTE… Maintenance/Services 215-7004-60691 506.49 LANDMARK GOLF MANAGE… 212773 11/2023 - SRR PERIMETER LANDSCAPE … SilverRock Way Landscape 215-7004-60143 5,278.00 LANDMARK GOLF MANAGE… 212773 12/2023 - SRR PERIMETER LANDSCAPE … SilverRock Way Landscape 215-7004-60143 5,278.00 DESERT CONCEPTS CONSTR… 212765 DESERT CLUB LAMP POSTS ELECTRICAL … Maintenance/Services 215-7004-60691 1,600.00 HIGH TECH IRRIGATION INC 212771 IRRIGATION PARTS & SUPPLIES Materials/Supplies 215-7004-60431 316.85 MACIAS NURSERY, INC. 212775 PLANTS Materials/Supplies 215-7004-60431 3,064.03 IMPERIAL IRRIGATION DIST 212772 ELECTRICTY SERVICE Electric - Utilities 215-7004-61116 2,450.09 IMPERIAL IRRIGATION DIST 212772 ELECTRICTY SERVICE Electric - Medians - Utilities 215-7004-61117 1,027.05 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water - Medians - Utilities 215-7004-61211 2,460.94 COACHELLA VALLEY WATER D… 212762 WATER SERVICE Water - Medians - Utilities 215-7004-61211 15,567.87 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 37,549.32 Fund: 235 - SO COAST AIR QUALITY FUND
COACHELLA VALLEY ASSOC O… 212761 7/1-9/30/23 - VEHICLE REGISTRATION … CVAG 235-0000-60186 10,129.60 IMPERIAL IRRIGATION DIST 212772 ELECTRICTY SERVICE Electricity - Utilities 235-0000-61101 2,567.43 Fund 235 - SO COAST AIR QUALITY FUND Total: 12,697.03
Fund: 241 - HOUSING AUTHORITY
CAHA, BECKY 212757 12/2023 - HOUSING CONSULTANT SERV… Professional Services 241-9101-60103 5,625.00 RIVERSIDE ASSESSOR 212783 11/2023 - RECORDING FEES Professional Services 241-9101-60103 63.00 Fund 241 - HOUSING AUTHORITY Total: 5,688.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
URBAN HABITAT 212792 LQ LANDSCAPE RENOVATION MAINT PA… Construction 401-0000-60188 14,158.77 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 14,158.77 Fund: 502 - INFORMATION TECHNOLOGY
CDW GOVERNMENT INC 212760 DOCKING STATIONS FOR IT STOCK Machinery & Equipment 502-0000-80100 292.09 CDW GOVERNMENT INC 212760 LAPTOPS FOR IT STOCK Computers 502-0000-80103 5,291.08 CDW GOVERNMENT INC 212760 LAPTOP FOR IT STOCK Computers 502-0000-80103 2,901.86 CDW GOVERNMENT INC 212760 LAPTOPS FOR IT STOCK Computers 502-0000-80103 83,878.26 CDW GOVERNMENT INC 212760 CRYSTAL REPORT PROGRAM FOR M.GO… Software Licenses 502-0000-60301 407.14 Fund 502 - INFORMATION TECHNOLOGY Total: 92,770.43
Fund: 503 - PARK EQUIP & FACILITY FUND
CALIFORNIA COMMERCIAL P… 212758 LQ PARK SPLASH PAD RENOVATION RET… Retention Payable 503-0000-20600 37,793.15 Fund 503 - PARK EQUIP & FACILITY FUND Total: 37,793.15
Fund: 601 - SILVERROCK RESORT
GARDAWORLD 212770 12/2023 - SRR ARMORED SERVICES Bank Fees 601-0000-60455 741.97 GARDAWORLD 212770 10/2023 - SRR ARMORED SVCS EXCESS … Bank Fees 601-0000-60455 3.64 GARDAWORLD 212770 11/2023 SRR ARMORED SVC EXCESS IT… Bank Fees 601-0000-60455 28.08 GARDAWORLD 212770 10/2023 - SRR ARMORED SVC TIER PRIC… Bank Fees 601-0000-60455 89.15 226 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount GARDAWORLD 212770 11/2023 - SRR ARMORED SVC TIER PRIC… Bank Fees 601-0000-60455 173.74 Fund 601 - SILVERROCK RESORT Total: 1,036.58
Grand Total: 352,247.49
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 145,018.01
201 - GAS TAX FUND 1,031.46
202 - LIBRARY & MUSEUM FUND 4,504.74
215 - LIGHTING & LANDSCAPING FUND 37,549.32
235 - SO COAST AIR QUALITY FUND 12,697.03
241 - HOUSING AUTHORITY 5,688.00
401 - CAPITAL IMPROVEMENT PROGRAMS 14,158.77
502 - INFORMATION TECHNOLOGY 92,770.43
503 - PARK EQUIP & FACILITY FUND 37,793.15
601 - SILVERROCK RESORT 1,036.58
Grand Total: 352,247.49
Account Summary
Account Number Account Name Expense Amount
101-0000-20925 SIT Payable 29.47
101-0000-20981 United Way Deductions 37.00
101-0000-20985 Garnishments Payable 222.74
101-1003-60153 Attorney 13,200.00
101-1005-60103 Professional Services 3,750.00
101-1006-60103 Professional Services 303.30
101-1006-60106 Auditors 23,300.00
101-1007-60403 Citywide Supplies 876.31
101-2001-60174 Blood/Alcohol Testing 1,959.16
101-2001-60175 Special Enforcement Fu… 1,773.26
101-2002-61101 Electricity - Utilities 764.09
101-2002-61200 Water - Utilities 767.80
101-3002-60420 Operating Supplies 656.51
101-3003-60149 Community Experiences 7,301.56
101-3005-60423 Supplies-Graffiti and Va… 1,060.54
101-3005-60431 Materials/Supplies 776.90
101-3005-60554 LQ Park Water Feature 943.00
101-3005-60691 Maintenance/Services 4,728.50
101-3005-61103 Electric - Civic Center Pa… 5,230.76
101-3005-61105 Electric - Fritz Burns Park… 376.22
101-3005-61201 Water -Monticello Park -… 1,789.44
101-3005-61202 Water - Civic Center Park… 9,794.06
101-3005-61203 Water -Eisenhower Park … 191.94
101-3005-61204 Water -Fritz Burns Park -… 2,529.96
101-3005-61205 Water -Velasco Park - Uti… 116.40
101-3005-61207 Water -Pioneer Park - Uti… 1,486.02
101-3005-61208 Water -Seasons Park - Ut… 29.10
101-3005-61209 Water -Community Park … 6,830.84
101-3007-60134 Promotional Items 1,214.84
101-3007-60461 Marketing & Tourism Pr… 14,465.75
101-3008-60115 Janitorial 15,947.62
101-3008-60431 Materials/Supplies 55.49
101-3008-60667 HVAC 125.00
101-3008-61101 Electricity - Utilities 15,859.29
101-3008-61200 Water - Utilities 719.35
101-6004-60108 Technical 20.00
101-6004-60111 Administrative Citation … 350.00
101-7002-60183 Map/Plan Checking 2,665.00
101-7003-60420 Operating Supplies 454.52
101-7003-60432 Tools/Equipment 88.60
101-7006-60144 Contract Traffic Engineer 140.00
101-7006-60146 PM 10 - Dust Control 349.92
101-7006-60351 Membership Dues 1,737.75
201-7003-60429 Traffic Control Signs 168.89
201-7003-60431 Materials/Supplies 46.75
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Account Summary
Account Number Account Name Expense Amount
201-7003-61101 Electricity - Utilities 815.82
202-3004-60115 Janitorial 3,264.32
202-3004-60667 HVAC 125.00
202-3006-60115 Janitorial 989.54
202-3006-61300 Telephone - Utilities 125.88
215-7004-60143 SilverRock Way Landsca… 10,556.00
215-7004-60431 Materials/Supplies 3,380.88
215-7004-60691 Maintenance/Services 2,106.49
215-7004-61116 Electric - Utilities 2,450.09
215-7004-61117 Electric - Medians - Utilit… 1,027.05
215-7004-61211 Water - Medians - Utiliti… 18,028.81
235-0000-60186 CVAG 10,129.60
235-0000-61101 Electricity - Utilities 2,567.43
241-9101-60103 Professional Services 5,688.00
401-0000-60188 Construction 14,158.77
502-0000-60301 Software Licenses 407.14
502-0000-80100 Machinery & Equipment 292.09
502-0000-80103 Computers 92,071.20
503-0000-20600 Retention Payable 37,793.15
601-0000-60455 Bank Fees 1,036.58
Grand Total: 352,247.49
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 287,644.01
201603CT Construction Expense La Quinta Landscape Renovation Improvement 14,158.77 202216E General PW Maint - Desert Concep… General PW Maintenance - Desert Concepts 1,600.00 202219RP Retention Payable La Quinta Splash Pad Renovation 37,793.15 STVRE Short Term Vacation Rental Expen… Short Term Vacation Rental Tracking 3,750.00 TREEE Tree Lighting Ceremony Expense Tree Lighting Ceremony 7,301.56 Grand Total: 352,247.49
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
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City of La Quinta
Bank Transactions 12/11/2023-1/5/2024
Wire Transaction
Listed below are the wire transfers from 12/11/2023-1/5/2024.

Wire Transfers:
12/11/2023 - WIRE TRANSFER - MIDAMERICA $16,208.68
12/12/2023 - WIRE TRANSFER - AMERITAS $89.96
12/12/2023 - WIRE TRANSFER - AMERITAS $207.48
12/12/2023 - WIRE TRANSFER - STERLING $1,460.39
12/12/2023 - WIRE TRANSFER - AMERITAS $2,006.76
12/12/2023 - WIRE TRANSFER - AMERITAS $6,185.24
12/15/2023 - WIRE TRANSFER - COLONIAL LIFE $8,374.02
12/18/2023 - WIRE TRANSFER - STANDARD OF OREGON $1,511.32 12/19/2023 - WIRE TRANSFER - LANDMARK $249,848.40
12/19/2023 - WIRE TRANSFER - J&H ASSET PROPERTY MANAGEMENT $40,521.48 12/22/2023 - WIRE TRANSFER - CALPERS $5,687.27
12/22/2023 - WIRE TRANSFER - CALPERS $16,804.53
12/22/2023 - WIRE TRANSFER - CALPERS $29,240.98
12/22/2023 - WIRE TRANSFER - LQCEA $441.00
12/22/2023 - WIRE TRANSFER - MISSION SQUARE $27,045.15
12/22/2023 - WIRE TRANSFER - MISSION SQUARE $34,025.00
12/26/2023 - WIRE TRANSFER - AMERITAS $6,138.72
12/28/2023 - WIRE TRANSFER - STERLING $1,460.39
01/03/2024 - WIRE TRANSFER - LANDMARK $190,410.70
01/05/2024 - WIRE TRANSFER - CALPERS $5,107.80
01/05/2024 - WIRE TRANSFER - CALPERS $5,889.85
01/05/2024 - WIRE TRANSFER - CALPERS $15,695.16
01/05/2024 - WIRE TRANSFER - CALPERS $28,841.42
01/05/2024 - WIRE TRANSFER - CALPERS $148,729.45
01/05/2024 - WIRE TRANSFER - LQCEA $441.00
01/05/2024 - WIRE TRANSFER - MISSION SQUARE $3,975.00
01/05/2024 - WIRE TRANSFER - MISSION SQUARE $10,128.19
TOTAL WIRE TRANSFERS OUT $856,475.34
ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED OCTOBER 6, NOVEMBER 10, AND DECEMBER 8, 2023

RECOMMENDATION
Approve demand registers for Southern California Gas Company dated October 6, November 10, and December 8, 2023.

EXECUTIVE SUMMARY – None

FISCAL IMPACT
Demand of Cash:

City $ 1,490.00
Successor Agency of RDA $ -
Housing Authority $ -
$ 1,490.00

BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for Southern California Gas Company dated October 6, November 10, and December 8, 2023.

Warrants Issued:
212109 $ 659.87
212405 $ 382.43
212610 $ 447.70
$ 1,490.00
Prepared by: Jesse Batres, Finance Technician
Approved by: Rosemary Hallick, Principal Management Analyst Attachment: 1. Demand Registers
CONSENT CALENDAR ITEM NO. 13
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1/9/2024 11:07:25 AM Page 1 of 2
Demand Register
City of La Quinta Packet: APPKT03616 - 10/06/2023 SOCAL GAS Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
THE GAS COMPANY 212109 FY 22/23 R/C WC GAS SVC TO 101-3008… Gas - Utilities 101-2002-61100 -535.05 THE GAS COMPANY 212109 FY 22/23 R/C SWEEPER FUEL TO 501-00… Gas - Utilities 101-3008-61100 -13.00 THE GAS COMPANY 212109 FY 22/23 R/C WC GAS SVC FR 101-2002-… Gas - Utilities 101-3008-61100 535.05 THE GAS COMPANY 212109 08/18/-09/29/23 - FS #32 GAS SVC Gas - Utilities 101-2002-61100 36.63 THE GAS COMPANY 212109 08/18-09/19/23 - CH GAS SVC Gas - Utilities 101-3008-61100 57.46 THE GAS COMPANY 212109 08/18-09/19/23 - FB POOL GAS SVC Gas-Utilities FB Pool 101-3005-61100 15.78 THE GAS COMPANY 212109 09/08/23 - REPLACED OLD GAS LINES F… Maintenance/Services 101-3008-60691 259.43 THE GAS COMPANY 212109 08/18-09/19/23 - WC GAS SVC Gas - Utilities 101-3008-61100 147.77 THE GAS COMPANY 212109 08/25-09/27/23 - FS #93 GAS SVCS Gas - Utilities 101-2002-61100 99.20 Fund 101 - GENERAL FUND Total: 603.27
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY 212109 08/18-09/19/23 - LIBRARY GAS SVC Gas - Utilities 202-3004-61100 17.51 Fund 202 - LIBRARY & MUSEUM FUND Total: 17.51
Fund: 501 - FACILITY & FLEET REPLACEMENT
THE GAS COMPANY 212109 08/2023 - SWEEPER FUEL Street Sweeper 501-0000-60678 26.09 THE GAS COMPANY 212109 FY 22/23 R/C SWEEPER FUEL FR 101-30… Street Sweeper 501-0000-60678 13.00 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 39.09
Grand Total: 659.87
ATTACHMENT 1
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Demand Register Packet: APPKT03616 - 10/06/2023 SOCAL GAS 1/9/2024 11:07:25 AM Page 2 of 2
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 603.27
202 - LIBRARY & MUSEUM FUND 17.51
501 - FACILITY & FLEET REPLACEMENT 39.09
Grand Total: 659.87
Account Summary
Account Number Account Name Expense Amount
101-2002-61100 Gas - Utilities -399.22
101-3005-61100 Gas-Utilities FB Pool 15.78
101-3008-60691 Maintenance/Services 259.43
101-3008-61100 Gas - Utilities 727.28
202-3004-61100 Gas - Utilities 17.51
501-0000-60678 Street Sweeper 39.09
Grand Total: 659.87
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 620.78
CSA152E CSA 152 Expenses CSA 152 Project Tracking 39.09 Grand Total: 659.87
*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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1/9/2024 11:10:31 AM Page 1 of 2
Demand Register
City of La Quinta Packet: APPKT03641 - 11/10/2023 SOCAL GAS Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
THE GAS COMPANY 212405 09/19-10/19/23 - FS #32 GAS SVC Gas - Utilities 101-2002-61100 36.00 THE GAS COMPANY 212405 09/19-10/19/23 - CH GAS SVC Gas - Utilities 101-3008-61100 32.73 THE GAS COMPANY 212405 09/19-10/19/23 - FB POOL GAS SVC Gas-Utilities FB Pool 101-3005-61100 44.14 THE GAS COMPANY 212405 09/19-10/19/23 - WC GAS SVC Gas - Utilities 101-3008-61100 142.02 THE GAS COMPANY 212405 09/27-10/26/23 - FS #93 GAS SVC Gas - Utilities 101-2002-61100 86.48 Fund 101 - GENERAL FUND Total: 341.37
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY 212405 09/19-10/19/23 - LIBRARY GAS SVC Gas - Utilities 202-3004-61100 14.79 Fund 202 - LIBRARY & MUSEUM FUND Total: 14.79
Fund: 501 - FACILITY & FLEET REPLACEMENT
THE GAS COMPANY 212405 10/2023 - SWEEPER FUEL Street Sweeper 501-0000-60678 13.27 THE GAS COMPANY 212405 09/2023 - SWEEPER FUEL Street Sweeper 501-0000-60678 13.00 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 26.27
Grand Total: 382.43
234 CLICK HERE to Return to Agenda
Demand Register Packet: APPKT03641 - 11/10/2023 SOCAL GAS 1/9/2024 11:10:31 AM Page 2 of 2
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 341.37
202 - LIBRARY & MUSEUM FUND 14.79
501 - FACILITY & FLEET REPLACEMENT 26.27
Grand Total: 382.43
Account Summary
Account Number Account Name Expense Amount
101-2002-61100 Gas - Utilities 122.48
101-3005-61100 Gas-Utilities FB Pool 44.14
101-3008-61100 Gas - Utilities 174.75
202-3004-61100 Gas - Utilities 14.79
501-0000-60678 Street Sweeper 26.27
Grand Total: 382.43
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 356.16
CSA152E CSA 152 Expenses CSA 152 Project Tracking 26.27 Grand Total: 382.43
*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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1/9/2024 11:10:53 AM Page 1 of 2
Demand Register
City of La Quinta Packet: APPKT03666 - 12/08/2023 SOCAL GAS Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
THE GAS COMPANY 212610 10/19-11/20/23 - FS #32 GAS SVC Gas - Utilities 101-2002-61100 55.10 THE GAS COMPANY 212610 10/19-11/20/23 - CH GAS SVC Gas - Utilities 101-3008-61100 28.44 THE GAS COMPANY 212610 10/19-11/20/23 - FB POOL GAS SVC Gas-Utilities FB Pool 101-3005-61100 16.09 THE GAS COMPANY 212610 10/19-11/20/23 - WC GAS SVC Gas - Utilities 101-3008-61100 196.14 THE GAS COMPANY 212610 10/26-11/28/23 - FS #93 GAS SVC Gas - Utilities 101-2002-61100 123.05 Fund 101 - GENERAL FUND Total: 418.82
Fund: 202 - LIBRARY & MUSEUM FUND
THE GAS COMPANY 212610 10/19-11/20/23 - LIBRARY GAS SVC Gas - Utilities 202-3004-61100 15.88 Fund 202 - LIBRARY & MUSEUM FUND Total: 15.88
Fund: 501 - FACILITY & FLEET REPLACEMENT
THE GAS COMPANY 212610 11/2023 - SWEEPER FUEL Street Sweeper 501-0000-60678 13.00 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 13.00
Grand Total: 447.70
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Demand Register Packet: APPKT03666 - 12/08/2023 SOCAL GAS 1/9/2024 11:10:53 AM Page 2 of 2
Fund Summary
Fund Expense Amount
101 - GENERAL FUND 418.82
202 - LIBRARY & MUSEUM FUND 15.88
501 - FACILITY & FLEET REPLACEMENT 13.00
Grand Total: 447.70
Account Summary
Account Number Account Name Expense Amount
101-2002-61100 Gas - Utilities 178.15
101-3005-61100 Gas-Utilities FB Pool 16.09
101-3008-61100 Gas - Utilities 224.58
202-3004-61100 Gas - Utilities 15.88
501-0000-60678 Street Sweeper 13.00
Grand Total: 447.70
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 434.70
CSA152E CSA 152 Expenses CSA 152 Project Tracking 13.00 Grand Total: 447.70
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: DISCUSS COST-SHARE OPTIONS FOR ELECTRICAL

SUBSTATION UPGRADES

RECOMMENDATION
Discuss cost-share options for electrical substation upgrades.

EXECUTIVE SUMMARY
 Imperial Irrigation District (IID) power distribution substations in La Quinta are nearing or have reached capacity and need to be expanded or upgraded for both existing customers and for new development.
 When there isn’t enough electricity for new development projects, IID is requiring developers to pay for electrical substation upgrades at an estimated cost of $20 million per 50 megavolt ampere (MVA) upgrade.
 Staff has identified the following solutions for Council consideration:

1. Develop a cost-share system between developers, IID, and the City, once the City’s participation threshold is determined; and

2. Develop a reimbursement mechanism from future development to cover capacity requirements.

FISCAL IMPACT – Undetermined at this point.

BACKGROUND/ANALYSIS
In February 1934, the Coachella Valley Water District (CVWD) and IID entered into a 99- year Agreement of Compromise (Agreement) making IID the electrical service provider for the Eastern Coachella Valley. That Agreement expires on December 31, 2032.

IID has not planned for the growing needs of the Coachella Valley, which makes up more than 60% of IID’s energy ratepayers. For a project to be built, a developer must receive a “Will Serve” letter from IID that states there is enough power from the associated substation to serve additional new ratepayers/customers.

STUDY SESSION ITEM NO. 1
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IID’s current policy is to not pay for growth, but for growth and development to pay for itself. Four of five substations in the City of La Quinta currently need expansions or bank upgrades to meet the demands of existing customers and for new development to move forward.

The focus of this study session is to explore opportunities for developers and the City to work together with IID to create a cost-sharing agreement that would expand substation capacity. Understanding that a standard 50 MVA upgrade at an existing substation has the capacity to serve roughly 3,000 homes, costs approximately $20 million and takes 2 to 3 years to construct given lead times on critical components, it is vitally important for all stakeholders to participate.

The City working closely with IID has brought together about 10-12 various developers who are dependent on the expansion of the Avenue 58 substation for the viability of their respective projects. Initial estimates show that if all these developers were to pay their fair share of capacity estimated to be consumed by their projects it would represent over 80% of the total cost of expansion. The remaining 20%, or roughly $3 million in this case, could be funded by the City with reimbursement provisions built into an agreement that would enable the City to be paid back over time as additional developments or projects come forward.

In consideration of the direct economic impacts that increased electrical capacity has on our City, it is critical to discuss how to assist in ensuring solutions are forthcoming and prevent a reputation that will cripple development and growth for decades.

Prepared by: Sherry Barkas, Communications Specialist
Approved by: Jon McMillen, City Manager

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City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES FOR: 1) PLAYGROUND DESIGN FROM PACIFIC PLAY SYSTEMS, INC., PROJECT NO. 2023- 24; 2) SHADE STRUCTURE FROM SHADE STRUCTURES, INC., DBA USA SHADE & FABRIC STRUCTURES INC., PROJECT NO. 2023-25; AND 3) PERIMETER FITNESS EQUIPMENT FROM PLAYCORE WISCONSIN, INC., DBA GAMETIME, PROJECT NO. 2023-26, FOR LA QUINTA PARK

RECOMMENDATION
Approve Agreements for Contract Services for: 1) New playground design from Pacific Play Systems, Inc., Project No. 2023-24; 2) New shade structure from Shade Structures, Inc. dba USA Shade & Fabric Structures Inc., Project No. 2023-25; and 3) Perimeter fitness equipment from PlayCore Wisconsin, Inc., dba Gametime, Project No. 2023-26, for La Quinta Park, and authorize the City Manager to execute the agreements.

EXECUTIVE SUMMARY
 The playground and fitness equipment at La Quinta Park (Park) has reached the end of useful life and needs replacement. A new shade structure design would provide shade for the entire playground area.
 The City utilizes purchasing agencies such as California Multiple Award Schedule (CMAS); OMNIA Partners (OMNIA); and Sourcewell Cooperative Purchasing (Sourcewell), for procurement of goods and services at a discounted rate.  Pacific Play Systems, Inc., (Pacific) submitted a proposal to replace the playground equipment.
 PlayCore Wisconsin, Inc., dba Gametime (Gametime), submitted a proposal to replace the perimeter fitness equipment.
 Shade Structures, Inc. dba USA Shade & Fabric Structures, Inc. (USA Shade) submitted a proposal for a new shade structure over the playground area.  Playground designs were presented to the Community Services Commission (Commission) on December 11, 2023. The Commission selected their top choice to be presented to Council for consideration.

BUSINESS SESSION ITEM NO. 1
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FISCAL IMPACT
Funding in the amount of $1,124,093, to replace the playground equipment, shade structure, perimeter fitness equipment, and install lighting at the playground, has been allocated in the Park Equipment & Facility Replacement Fund (Account No. 503-0000- 71060, Parks). This amount includes $150,000 in contingency funds.

ITEM COST
Playground Equipment $ 415,450
Shade Structure $ 482,354
Fitness Equipment $ 56,289
Playground Lighting $ 20,000
Contingency Amount $ 150,000
TOTAL: $ 1,124,093

BACKGROUND/ANALYSIS
The Park was constructed in 2002 and is well used by the community. Amenities include picnic areas, a splash pad, playground equipment, a Fitness Court, ball fields, restrooms, and a perimeter walking path with three fitness stations.

The playground and perimeter fitness equipment at the Park have reached the end of their useful life and are recommended to be replaced. The existing shade structure only partially shades the playground, a new redesigned shade structure over the entire playground would provide users protection from the sun, which residents have identified as a top priority.

The City utilizes purchasing agencies for procurement of goods and services at discounted rates, which complies with the City’s Purchasing and Contracting Policy to streamline the purchasing process.

Pacific submitted a quote and design option to replace the playground equipment through CMAS. The whimsical butterfly design has inclusive playground elements for users of all capabilities at a cost of $415,450 (Attachment 1).

USA Shade submitted a quote through Sourcewell for the installation of a new shade structure over the entire playground at a cost of $482,354 (Attachment 2).

Staff recommends the addition of lights on the shade structure over the playground, as the play area is quite dark in the evening. The City’s On-Call Electrician would complete the installation at an estimated cost of $20,000.

Gametime submitted a quote through OMNIA to replace the perimeter fitness equipment at three locations around the perimeter walkway at a cost of $56,289 (Attachment 3). 242 CLICK HERE to Return to Agenda
Staff would be responsible for demolition and disposal of the existing playground and shade structure, which would provide an estimated savings of $100,000.

ALTERNATIVES
Council may elect not to approve this request and direct staff to seek other designs.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Pacific Contract Agreement

2. USA Shade Contract Agreement

3. Gametime Contract Agreement
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ATTACHMENT 1

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 Pacific Play Systems, Inc., (“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 Project No 2023-24 LQ Park Playground Equipment 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 245 CLICK HERE to Return to Agenda
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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 Fifteen Thousand, FourHundred and Fifty Dollars ($415,450), (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 Contract Sum may be approved by the Contract Officer, or assigned designee. Any 247 CLICK HERE to Return to Agenda
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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 or around January 30, 2024, and terminate on, before, or before September 30, 2024 on completion and acceptance of installation. This Agreement may be extended due to unforeseeable delays upon mutual agreement by both parties (“Extended Term”), and executed in writing.
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4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Pacific Play Systems, Inc.
3288 Grey Hawk Court
Carlsbad, CA 92010
Atlanta, GA 30318
ATTN: Alex Compos, Vice President
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: Dianne Hansen, M&O Superintendent
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 Dianne Hansen, Maintenance & Operations Superintendent 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 249 CLICK HERE to Return to Agenda
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of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

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

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

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 250 CLICK HERE to Return to Agenda
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supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

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

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

6. INDEMNIFICATION.

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

7. RECORDS AND REPORTS.

7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 251 CLICK HERE to Return to Agenda
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7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

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

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

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 252 CLICK HERE to Return to Agenda
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changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

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

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

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

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

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

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising 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 253 CLICK HERE to Return to Agenda
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Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

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

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

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

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

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

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

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

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

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 255 CLICK HERE to Return to Agenda
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Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS.

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

To City:

CITY OF LA QUINTA
Attn: Dianne Hansen, M&O Superintendent
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

Pacific Play Systems, Inc.

Attn: Alex Campos, Vice President
3288 Grey Hawk Court
Carlsbad, CA 92010

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

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

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

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

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

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

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

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 257 CLICK HERE to Return to Agenda
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any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

CITY OF LA QUINTA,
a California Municipal Corporation
JON McMILLEN, City Manager
City of La Quinta, California
Dated:

CONTRACTING PARTY:

By:

Name: Alex Campos
Title: Vice President
ATTEST:

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

Name:

Title:

APPROVED AS TO FORM:

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