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Agenda packet

La Quinta City Council
March 5, 2024

Document
Agenda packet
Meeting
March 5, 2024
Body
La Quinta City Council
Pages
34
Original file
39.4 MB
Text extracted from the city's file for reading and search. Open the original on www.laquintaca.gov. That file is the official record.

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CITY COUNCIL AGENDA Page 1 of 7 MARCH 5, 2024

CITY COUNCIL
AGENDA
CONSENT CALENDAR ITEM NO. 10 – UPDATED STAFF REPORT & JPA PUBLISHED ON 3/2/2024

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, MARCH 5, 2024
3:30 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via http://laquinta.12milesout.com/video/live.

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

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

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

CONFIRMATION OF AGENDA

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

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

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
CITY COUNCIL AGENDA Page 2 of 7 MARCH 5, 2024

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

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

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. PROCLAMATION RECOGNIZING RIVERSIDE COUNTY SHERIFF’S

DEPARTMENT SERGEANT BEN RAMIREZ FOR HIS PUBLIC SERVICE AND

RETIREMENT

2. VISIT GREATER PALM SPRINGS 2024 GOALS AND OBJECTIVES –

PRESENTATION BY PRESIDENT AND CHIEF EXECUTIVE OFFICER SCOTT WHITE

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

PAGE

1. APPROVE COUNCIL MEETING MINUTES OF FEBRUARY 6, 2024 9

2. APPROVE COUNCIL MEETING MINUTES OF FEBRUARY 22, 2024 –

COMMUNITY WORKSHOP
17 3. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $200,000 OF MATERIALS FOR FISCAL YEAR 2023/24
21 4. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE MACIAS NURSERY, INC. TO PURCHASE UP TO $140,000 OF PLANT MATERIALS FOR FISCAL YEAR 2023/24
23 5. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH EAGLE PUMP SERVICES, INC. FOR PURCHASE AND INSTALLATION OF REPLACEMENT

SUBMERSIBLE STORM DRAIN PUMPS LOCATED AT CALLE RONDO CANAL 25 6. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH GOVINVEST INC. TO EXTEND MODULES FOR LABOR COSTING AND

FINANCIAL FORECASTING
59 7. AWARD CONTRACT TO UNIVERSAL CONSTRUCTION AND ENGINEERING

FOR CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-07; CDBG PROJECT NO. 4.LQ.48-23; LOCATED WITHIN THE SEASON’S NEIGHBORHOOD
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69 87
105

BUSINESS SESSION
PAGE

1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING
SUBSECTION 3.25.050(G) OF THE LA QUINTA MUNICIPAL CODE RELATED

TO SHORT-TERM VACATION RENTALS REGARDING WRITTEN NOTICE AND DECLARATION OF NON-USE [ORDINANCE NO. 611]
165

STUDY SESSION
PAGE

1. DISCUSS TRANSPORTATION DESIGN CONCEPTS FOR THE HIGHWAY 111 CORRIDOR IMPLEMENTATION PROJECT NO. 2019-05
171
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

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

PAGE

1. ADOPT RESOLUTIONS TO 1.) CERTIFY AN ENVIRONMENTAL IMPACT REPORT FOR ALTERNATIVE NO. 2 (EA 2019-0010) AND 2.) APPROVE GENERAL PLAN AMENDMENT 2023-1000, SPECIFIC PLAN AMENDMENT 2023-0003, AND TENTATIVE TRACT MAP 2023-0005; INTRODUCE FOR FIRST READING ORDINANCES TO APPROVE 1.) ZONE CHANGE 2023-1000 AND 2.) DEVELOPMENT AGREEMENT 2023-1000; FOR THE CLUB AT CORAL MOUNTAIN PROJECT CONSISTING OF 750 RESIDENTIAL UNITS, A GOLF COURSE AND 60,000 SQUARE FEET OF RETAIL COMMERCIAL SPACE; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT ALTERNATIVE 2 OF PREVIOUSLY PREPARED ENVIRONMENTAL IMPACT REPORT, EA 2019-0010, APPLIES TO THE PROPOSED PROJECT; LOCATION: SOUTH OF AVENUE 58, EAST AND WEST OF MADISON STREET, 175
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8. APPROVE DECLARATION AND DISPOSAL OF SURPLUS PROPERTY AND

EQUIPMENT

9. APPROVE DEMAND REGISTERS DATED FEBRUARY 16, AND FEBRUARY 23, 2024

10. ADOPT RESOLUTION APPROVING SECOND AMENDED AND RESTATED

JOINT POWERS AGREEMENT WITH VISIT GREATER PALM SPRINGS
[RESOLUTION NO. 2024-006] – UPDATED STAFF REPORT & JPA PUBLISHED ON 3/2/2024 CITY COUNCIL AGENDA Page 4 of 7 MARCH 5, 2024

AND NORTH OF AVENUE 60 [RESOLUTION NOS. 2024-007 AND 2024-008] [ORDINANCE NOS. 612 AND 613]

DEPARTMENTAL REPORTS

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC SAFETY

8. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

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

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

6. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

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

8. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Evans)

9. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

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

11. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

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

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

14. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

15. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

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

17. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

18. LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey)

19. LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey)

20. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

21. CVAG PUBLIC SAFETY COMMITTEE (Peña)

22. CVAG HOMELESSNESS COMMITTEE (Peña)

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

24. SUNLINE TRANSIT AGENCY (Peña)

25. ANIMAL CAMPUS COMMISSION (Sanchez)

26. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez) CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 5 of 7 MARCH 5, 2024

27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

28. ART PURCHASE COMMITTEE (Sanchez & McGarrey)

29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on March 19, 2024, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on March 1, 2024.

DATED: March 1, 2024
MONIKA RADEVA, City Clerk
City of La Quinta, California
Public Notices
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.

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

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CITY COUNCIL AGENDA Page 6 of 7 MARCH 5, 2024

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

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

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

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

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

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

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

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

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

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

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

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CITY COUNCIL MINUTES Page 1 of 8 FEBRUARY 6, 2024

CITY COUNCIL

MINUTES
TUESDAY, FEBRUARY 6, 2024

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

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None

CONFIRMATION OF AGENDA
City Manager McMillen asked to pull Presentation No. 1 from the Agenda due to Sergeant Mushinskie being unavailable to attend today’s meeting; and said the presentation will be rescheduled for a future meeting.

Mayor Evans asked to pull Consent Calendar Item No. 4 related to approving an Agreement for Contract Services with Your Very Favorite, LLC for illustration and printing services; and consider it as Business Session Item No. 4 on the agenda.

Council concurred.

CLOSED SESSION

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 FOR PROPERTY LOCATED ON HIGHWAY 111 EAST OF DUNE PALMS ROAD (APN 600-020-053)
CITY NEGOTIATOR: JON MCMILLEN, CITY MANAGER
PROPERTY OWNER: CITY OF LA QUINTA
NEGOTIATING PARTY: SUNRIDGE PROPERTIES
UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT AND/OR

DISPOSITION OF THE PROPERTY IDENTIFIED

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF
SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

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

CONSENT CALENDAR ITEM NO. 19
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MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:12 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):
 CLOSED SESSION ITEM NO. 1 – no reportable action; and  CLOSED SESSION ITEM NO. 2 – Council will continue consideration of this item after the open portion session of the meeting.

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

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Alena Callimanis, La Quinta – said the Club at Coral Mountain project public hearing notice published for the Planning Commission consideration at the January 23, 2024, regular meeting did not specifically spell out that the proposed golf irrigation lake can be utilized for recreational uses and the allowance of short-term vacation rentals, which resulted in few attendees; and the agenda packets should be released earlier when reports are 600+ pages.

PUBLIC SPEAKER: Jeff Fishbein, Chair of the La Quinta Chamber of Commerce, Coldwell Banker Realtor and La Quinta resident – provided an update on Chamber events and activities, including the upcoming La Quinta Car Show scheduled for February 24, 2024, ribbon cutting for the new SolTerra Luxury development, and the success of the GEM publication.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

1. Pulled from the Agenda by Staff >>> INTRODUCE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT SERGEANT PATRICK MUSHINSKIE

2. SUNLINE TRANSIT AGENCY – UPDATE FROM CEO/GENERAL MANAGER

MONA BABAUTA
PRESENTER: Sunline Transit Agency CEO/General Manager Mona Babauta – said Sunline is the local transit agency servicing the Coachella Valley communities and provided a brief overview of the services it offers, including service improvements made for La Quinta passengers due to increased ridership; new services such as the ondemand SunRide available via the SunLine app, and carpool vans; thanked Council for La Quinta’s sponsorship of the 8th annual student art contest; outlined Sunline’s capital projects, such as liquid hydrogen stations, hydrogen infrastructure improvement, workforce development to ensure in-house hydrogen expertise, modernizing 10 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 3 of 8 FEBRUARY 6, 2024
maintenance yards, and fleet maintenance; explained the free SchoolTripper service to and from schools, which includes student access to all routes.

Council discussed the functioning of the SunRide App; and scheduling a bus trip for City Staff to promote use.

PRESENTER: Manuel Alcala, Transit Planning Manager with SunLine – said SunLine’s bus schedule and SchoolTripper applications are available online at www.SunLine.org.

CONSENT CALENDAR

1. APPROVE COUNCIL MEETING MINUTES OF JANUARY 16, 2024

2. ADOPT ORDINANCE NO. 609 ON SECOND READING AMENDING SECTIONS OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE TO MODIFY FLAGPOLE

REGULATIONS REGARDING THE PLACEMENT OF FLAGPOLES FOR

RESIDENTIAL ZONING DISTRICTS MANAGED BY HOMEOWNER
ASSOCIATIONS; PROJECT: ZONING ORDINANCE AMENDMENT 2023-1001; CEQA: THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION.

LOCATION: CITY-WIDE [ORDINANCE NO. 609]

3. AUTHORIZE OVERNIGHT TRAVEL FOR PRINCIPAL MANAGEMENT

ANALYST TO ATTEND THE CALIFORNIA MUNICIPAL TREASURERS

ASSOCIATION ANNUAL CONFERENCE IN COSTA MESA, CALIFORNIA, MAY 1-3, 2024

4. Pulled from Consent Calendar and considered as Business Session Item No. 4 >>> APPROVE AGREEMENT FOR CONTRACT SERVICES WITH YOUR VERY

FAVORITE, LLC FOR ILLUSTRATION AND PRINTING SERVICES

5. ACCEPT X-PARK PUBLIC SAFETY CAMERA PROJECT NO. 2022-23,

LOCATED AT THE LA QUINTA X-PARK AT THE SOUTHEAST CORNER OF

DUNE PALMS ROAD AND WESTWARD HO DRIVE

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

7. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED NOVEMBER 30, 2023

8. APPROVE DEMAND REGISTERS DATED JANUARY 12, JANUARY 19, AND JANUARY 26, 2024
MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to approve Consent Calendar Item Nos. 1-3 and 5-8, as recommended, with Item No. 2 adopting Ordinance No. 609. Motion passed unanimously.
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BUSINESS SESSION

1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING CHAPTER

2.95 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE COMMUNITY SERVICES COMMISSION [ORDINANCE NO. 610]
Community Services Deputy Director Calderon introduced Management Analyst Calderon who presented the staff report, which is on file in the Clerk’s Office.

COMMUNITY SERVICES COMMISSION (Commission) REPRESENTATIVE: Gayl Biondi, Commission Chair and La Quinta resident – said the Commission supports the name change; quarterly meetings result in missed opportunity for Commission input; suggested a pause on new art purchases until the Art in Public Places cataloging project is completed and art needs are identified; stated it’s unclear why two seats held by new members with art backgrounds are necessary; a youth advisory task force may be more useful than a permanent youth seat on the Commission; listed several tasks assigned to the Commission per the Code that the Commission has never considered; and noted the Commission is eager to be more involved.

Council discussed the Commission’s past service and involvement in City projects; the role of new members with art experience; need for youth interaction in government; initiating a youth task force, internship program or youth ambassador program exposing students to all Commissions; pros and cons of the proposed increase in Commission membership; various ways youth can be involved; Commission’s meeting schedule; reevaluating the Commission’s mission statement; staff discussions with the La Quinta High School regarding youth involvement; and consensus to pull the youth component from the code amendment, but to have a student component come back to Council.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to take up Ordinance No. 610 by title and number only and waive further reading to amend Chapter 2.95 of the La Quinta Municipal Code related to the Community Services Commission and renaming it to the “Arts and Community Services Commission” as presented with the following amendments:
a) Add language at the end of Section 2.95.020 on page 145 of the agenda packet to read: “If the code refers to the former ‘community services commission’ or ‘CSC’ as an abbreviation thereof, such reference shall mean the ACSC established and governed by this chapter.”
b) Delete the proposed code addition regarding the youth advisory member provisions from Section 2.95.030 on page 145 of the agenda packet. c) Revise Section 2.95.040, subsection (C)(2) on page 146 of the agenda packet to read: “Facilitate partnerships coordination with local recreation and service organizations, including non-profit agencies and outdoor groups.” Motion passed unanimously.

City Clerk Radeva read the following title of Ordinance No. 610 into the record:
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.95 OF THE LA QUINTA MUNICIPAL

CODE RELATED TO THE COMMUNITY SERVICES COMMISSION, AND
RENAMING IT TO THE “ARTS AND COMMUNITY SERVICES COMMISSION” MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to introduce at first reading Ordinance No. 610 as recommended. Motion passed unanimously.

2. APPROVE SECOND ROUND OF COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2023/24
Community Services Deputy Director Calderon and Management Analyst Calderon presented the staff report, which is on file in the Clerk’s Office.

Council noted the Council Ad hoc committee for grant application review was comprised of Councilmembers McGarrey and Fitzpatrick; commended Elder Love USA and Jewish Family Services for their valuable work; questioned the benefit of Read With Me request to residents of La Quinta; the sustainability of Seiden-Juku given the large expense for salaries; and requested grant recipients report back to Council or the Arts and Community Services Commission on how grant funds were used.

The following PUBLIC SPEAKERS, listed in the order in which they spoke, provided an overview of the objectives, services, and programs their respective organizations offer to the community:
 Tamara Canedo, President, and Sensei of Seiden–Juku
 Sean Webb, Executive Director of Read With Me Volunteer Program  Alena Callimanis, Program Coordinator
 Kraig Jonhson, Executive Director of Jewish Family Services  Shannon Shea, Founding Executive Director of Elder Love USA MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve second round Community Services Grants for fiscal year 2023/24 as detailed below for a total combined grant funding of $11,000:
 Elder Love USA, Inc. $5,000
 Jewish Family Services of the Desert $5,000
 Read With Me Volunteer Programs $ 500 starter grant
 Seiden – Juku $ 500 starter grant
Motion passed unanimously.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:47 P.M
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 5:52 PM WITH

ALL MEMBERS PRESENT
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3. APPROPRIATE FUNDS AND APPROVE CONTRIBUTION FOR THE PALM SPRINGS AIR MUSEUM’S EDUCATION PROGRAMS
Marketing and Communications Specialist Barkas and Director of Business Unit and Development Villalpando presented the staff report, which is on file in the Clerk’s Office.

MUSEUM REPRESENTATIVE: Pete Fleury, Crew Chief, Instructor and Docent at the Palm Springs Air Museum – explained that the Museum’s education programs are designed to inspire a new generation of aviation professionals; and explained the various programs held at the Museum and the Museum’s expansion plans.

Mayor Evans said she serves on the Palm Springs Air Museum Board of Directors, which is a volunteer position for which she does not receive any compensation.

Council discussed other cities that have committed funds to the Museum educational programs; programs offered by schools; 15+ years of Museum-funded education programs; plans for expansion of educational programs; process for being awarded scholarships; in-kind support provided by the City of Palm Springs, including the Museum building; support from cities beyond the Coachella Valley; means of outreach to local schools; Museum as a technical school; drone training options; one-time only request for educational program funding; the need to replenish all aviation positions in the U.S.; increasing the one-time contribution to $200,000 or more given the long-term benefits; the many other deserving non-profits asking for City grants; and that the Museum’s programs increase La Quinta’s economic base and opportunities for its youth.

MUSEUM REPRESENTATIVE: Fred Bell, Vice Chairman, Palm Springs Air Museum – provided additional information on funding from other cities such as Rancho Mirage; capital project funding policy, i.e. no debt; the importance corporate partners’ put on local support; aerospace introduction intended to lead to lifelong careers; Museum pays for admission, transportation, meals for children attending its programs; only one aviation academy remains in the Coachella Valley; Museum has 325 volunteer docents; noted some student success stories; Museum’s 501(c)(3) non-profit corporation status; use of endowment funds earmarked for scholarships; two scholarships awarded each year and are distributed directly to the educational institution, with both being awarded to La Quinta residents last year; foundation funding support beyond the Coachella Valley; explained the Museum’s hands-on flight school and pelican test; cost of all education programs being $850,000 per year to increase to $1.2 million after expansion; participants at the upcoming Gala; and the significance of the future development of the Thermal airport.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to appropriate fiscal year 2023/24 funds and approve a one-time contribution in the amount of $150,000 for the Palm Springs Air Museum’s education programs. Motion passed unanimously.
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CITY COUNCIL MINUTES Page 7 of 8 FEBRUARY 6, 2024

4. Pulled from the Consent Calendar (Item No. 4) by Mayor Evans and moved to Business Session >>> APPROVE AGREEMENT FOR CONTRACT SERVICES

WITH YOUR VERY FAVORITE, LLC FOR ILLUSTRATION AND PRINTING

SERVICES
Marketing Manager Graham and Director of Business Unit and Housing Development Villalpando presented the staff report, which is on file in the Clerk’s Office.

Council discussed source of funds, and account balance; request for an additional $35,000 for current fiscal year; need for public education on recycling before fines are issued; future recycling workshop plans; working with California Resource Recycling Association, a non-profit organization; close collaboration with Burrtec Waste and Recycling on educational materials and efforts; allowing chicken coops in the City as a means for recycling food waste; use of City staff to observe and comment on residents’ recycling habits; additional water bottle filling stations citywide; usefulness of coloring books or calendars; need for the long-term education plan before locking into one highpriced item; and comprehensive plan needed, rather than piecemeal items.

MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to table this item to a later date, following a presentation by Burrtec Waste and Recycling on the overall educational strategy on recycling. Motion passed unanimously.

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

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Evans commended the success of the American Express Golf Tournament; and thanked staff for lighting up La Quinta with red lights for National Heart Month lighting; and reported on her meeting with the Living Desert Zoo and Gardens.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2024, Mayor Evans reported on her participation in the following organizations’ meetings:
 CVAG EXECUTIVE COMMITTEE
 VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS’ BUREAU La Quinta’s representative for 2024, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:
 CVAG TRANSPORTATION COMMITTEE
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION
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CITY COUNCIL MINUTES Page 8 of 8 FEBRUARY 6, 2024
La Quinta’s representative for 2024, Councilmember McGarrey reported on her participation in the following organizations’ meetings:
 COACHELLA VALLEY MOUNTAINS CONSERVANCY
 GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE

COMMITTEE
 LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY

COMMITTEE
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION
La Quinta’s representative for 2024, Mayor Pro Tem Peña reported on his participation in the following organizations’ meeting:
 CV MOSQUITO AND VECTOR CONTROL DISTRICT BOARD OF TRUSTEES  SUNLINE TRANSIT AGENCY
La Quinta’s representative for 2024, Councilmember Sanchez reported on his participation in the following organization’s meeting:
 ANIMAL CAMPUS COMMISSION
CLOSED SESSION – Continued

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; INITIATION OF LITIGATION PURSUANT TO PARAGRAPH (4) OF
SUBDIVISION (d) OF SECTION 54956.9 (NUMBER OF POTENTIAL CASES: 1)

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 7:39 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:10 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke said no actions were taken on Closed Session Item No. 2 that require reporting pursuant to Government Code section 54957.1 (Brown Act).

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to adjourn at 8:11 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL MINUTES Page 1 of 4 FEBRUARY 22, 2024

SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP

CITY COUNCIL MINUTES

SPECIAL MEETING

ANNUAL COMMUNITY WORKSHOP
THURSDAY, FEBRUARY 22, 2024

CALL TO ORDER
A special meeting of the La Quinta City Council was called to order at 5:15 p.m. by Mayor Evans to conduct the City’s Annual Community Workshop at the La Quinta Wellness Center, located at 78450 Avenida La Fonda, La Quinta, CA 92253.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None
COMMUNITY MEMBERS SIGNED IN: 80
CITY STAFF PRESENT: 26
CONFIRMATION OF AGENDA – Confirmed

PLEDGE OF ALLEGIANCE
Mayor Evans led the audience in the Pledge of Allegiance

STUDY SESSION

1. ANNUAL COMMUNITY WORKSHOP: “MAPPING OUR TOMORROW”
Mayor Evans welcomed all participants to the annual community workshop and explained the purpose of the workshop.

A summary overview of the City’s completed projects and accomplishments over the last year was presented via a video.

Finance Director Martinez presented the City’s past and current financial status and priorities.

City Manager McMillen introduced himself, welcomed all participants, and explained:
 Strategic Plan – purpose
 Mission Statement:
“The City of La Quinta, known as the ‘Gem of the Desert,’ provides an unparalleled quality of life centered on healthy living, public safety, first-class public amenities, , exceptional customer services, and world-class events for everyone” CONSENT CALENDAR ITEM NO. 217 CLICK HERE to Return to Agenda CITY COUNCIL MINUTES Page 2 of 4 FEBRUARY 22, 2024

SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
Mayor Evans explained the City’s current and proposed sacred values, and received public comments:
 Sacred Values – current:
 Health and Wellness
 High Quality Aesthetics
 Vibrant and Safe Community
 Visually Beautiful City
 Cultural Diversity
 Sacred Values – proposed:
 Fiscal Sustainability
 Health and Wellness
 Vibrant & Safe Community
 Cultural Diversity
 Visually Beautiful City
COMMUNITY COMMENTS:
 Inclusivity, tools for people with disabilities and non English speakers and climate consideration
 Preservation of the natural environment and resources  Business friendly – health and wellness for businesses  Historical preservation
 Encourage hotel development on Hwy 111
 Support of quality of K-12 education – difference between City and school districts  Highway 111 Corridor re-envisioning
 Balance between attracting visitors to the area and preserving quality of life for residents overall
 Going beyond preservations of resources to preservation of land elements, greenhouse gas emissions, organic waste, etc.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 5:59 P.M
MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:12 PM WITH ALL

MEMBERS PRESENT
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – taken out of agenda order PUBLIC SPEAKER: Guadalupe Di Contreras, La Quinta – 30-year La Quinta resident; said on May 8, 2023, a car hit her house with extra speed and collided with the three cars parked in the driveway, she was severely hurt and has undergone surgeries and months of physical therapy; and noted the speeding along Eisenhower Drive must be addressed.

STUDY SESSION – Continued

1. ANNUAL COMMUNITY WORKSHOP: “MAPPING OUR TOMORROW”
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CITY COUNCIL MINUTES Page 3 of 4 FEBRUARY 22, 2024

SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
Staff listed out the following 12 focus points incorporated in the Strategic Plan, and provided detailed presentations on the five listed below in bold:
 Strategic Plan – 12 focus points
 Implement the Re-envisioned Highway 111 Plan
 Address IID Lease Expiration, Equipment Needs
 Underground Utilities
 Exemplary Public Safety
 Marketing & Tourism
 Broaden Community Involvement
 Continue to address Affordable Housing Needs
 Expansion of La Quinta’s Boundaries
 Expand Art in Public Places
 Preserve La Quinta’s History
 Enhance Health / Wellness & Recreation Amenities
 Economic Development
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – Continued PUBLIC SPEAKER: Ruben Tamayo, La Quinta – concerned about speeding on Eisenhower Drive; the speed limit was increased from 35 miles per hour (mph) to 40 mph; irregular schedule of the street sweeper prevents effective street cleaning as cars are parked along the street.

PUBLIC SPEAKER: Nancy Ervin, La Quinta – concerned about the road conditions in the Cove, specifically Avenida Madrid. Staff noted this street is currently scheduled for a complete resurfacing tomorrow.

PUBLIC SPEAKER: Naarah Ayon, La Quinta – concerned about speeding on Eisenhower Drive; her husband’s truck was struck twice coming out of the driveway; suggested implementing traffic calming measures, education to drivers on the importance of lane merging, speed bumps, etc.

PUBLIC SPEAKER: Mitch Haberman, La Quinta – provided the following written comments on his request to speak form “underground utilities; road versus beautification” – was not present when called upon to speak.

PUBLIC SPEAKER: Vanessa Ramirez, La Quinta – said she is a long-term La Quinta resident; community meetings should focus on inclusivity and provide tools for people with disabilities and non-English speakers; outreach to diverse communities such as Latinos, youth, LGBTQ, and BIPOL; art in public places should include indigenous art; need to highlight and celebrate our diverse community and make everyone feel welcome; public trails should include signage in English; and climate considerations should be included in the Strategic Plan.

PUBLIC SPEAKER: Phillip Bettencourt, La Quinta – glad to be here; and asked for an explanation on the purpose and functions of the Coachella Valley Association of Governments (CVAG).
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CITY COUNCIL MINUTES Page 4 of 4 FEBRUARY 22, 2024

SPECIAL MEETING ANNUAL COMMUNITY WORKSHOP
WRITTEN PUBLIC COMMENTS were received from the La Quinta residents listed below, in alphabetical order, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Anonymous – Sacred Values should include (1) quality K-12 education, (2) stewardship of our natural environment; and (3) historical preservation.  Anonymous – provided comments on the City’s Mission Statement and Sacred Values; requested an update on the SilverRock Resort / Talus project; and said drone flyovers are acceptable, as long as there is no spying.  Steve Cherry – commented on SunLine bus service; recommended hop-on/hop-off bus service on Highway 111; delivery service alternatives; Highway 111 signage; and CV link project.
 Lisa Davenport – recommended changing “sacred” to “core” values; and “cultural diversity” to “diversity” to include diversity of race, religion, languages, gender, etc.  Ryme Katkhouda – excited to attend the Community Workshop; recommended changing “mission statement” to “purpose statement;” provided comments on the City’s Mission Statement, Sacred Values, and focus points.  Diane Ross – concerned about air quality in La Quinta this year.

CLOSING COMMENTS
Mayor Evans, on behalf of the Council, thanked participants for their time and commitment to La Quinta; and noted community input and engagement are vital in mapping our tomorrow.

MAYOR’S AND COUNCILMEMBERS’ ITEMS – None.

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to adjourn at 7:14 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE UP TO $200,000 OF MATERIALS FOR FISCAL YEAR 2023/24

RECOMMENDATION
Authorize the Public Works Department to utilize Tri-State Materials to purchase up to $200,000 of materials in fiscal year 2023/24.

EXECUTIVE SUMMARY
• Per the City’s Purchasing and Contracting policy (Policy), amounts paid to vendors/contractors over $50,000 must be approved by Council. • Staff requests Authority to utilize Tri-State Materials (Tri-State) to purchase up to $200,000 of materials during Fiscal Year (FY) 2023/24.

FISCAL IMPACT
The $200,000 would be charged in increments, as needed, to the appropriate account(s) should Council approve the request. Funds for purchases are budgeted in the Lighting and Landscape (No. 215-7004-60431) and Parks (No. 101-3005-60431) materials/supplies accounts.

BACKGROUND/ANALYSIS
The Policy requires Council approval for purchases and/or contracts over $50,000. In FY 2023/24, the City has purchased materials in excess of $45,000 from Tri-State.

The City utilizes Tri-State as a select source as they provide the decomposed granite (DG) color utilized in many City landscape projects. The City frequently purchases DG, gravel, and crushed stone from Tri-State. Staff will continue to compare prices and material selections to obtain the best value and quality materials. Materials are to be used in landscape renovations in the parkways, and medians, on Avenue 52 between Desert Club Drive and Washington. Landscape maintenance renovations will continue at the center medians on Jefferson Street from Avenue 52 to Avenue 54, and Avenue 52 from Washington to the entrance at SilverRock, and the Bear Creek Trail.

CONSENT CALENDAR ITEM NO. 3
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This spending authority would allow maintenance projects in City medians and parks to continue without interruptions to scheduled work.

ALTERNATIVES
Staff could request approval from Council for any future purchases from Tri-State on a per project basis. However, this approach would delay work schedules.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer 22 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE MACIAS NURSERY, INC. TO PURCHASE UP TO $140,000 OF PLANT MATERIALS FOR FISCAL YEAR 2023/24

RECOMMENDATION
Authorize the Public Works Department to utilize Macias Nursery, Inc. to purchase up to $140,000 of plant materials in fiscal year 2023/24, when offering the best quality plant material at the lowest price.

EXECUTIVE SUMMARY
• Per the City’s Purchasing and Contracting policy (Policy), amounts paid to vendors/contractors over $50,000 must be approved by Council. • Staff requests Authority to utilize Macias Nursery, Inc. (Macias) to purchase up to $140,000 of plant materials during fiscal year (FY) 2023/24 when offering the best quality plant material at the lowest price.

FISCAL IMPACT
The $140,000 would be charged in increments, as needed, to the appropriate account(s) should Council approve this request. Funds for purchases are budgeted in the Lighting and Landscape (No. 215-7004-60431) and Parks (No. 101-3005-60431) materials/supplies accounts.

BACKGROUND/ANALYSIS
The policy requires Council approval for purchases and/or contracts over $50,000. In FY 2023/24, the City purchased over $40,000 in plants and trees from Macias for plant replacement in parks, center medians, parkways, and landscape renovation on Avenue 52 between Desert Club Drive and Washington. Landscape maintenance renovations will continue at the center medians on Jefferson Street from Avenue 52 to Avenue 54, and Avenue 52 from Washington to the entrance at SilverRock, missing plants and trees in other various locations will also be scheduled for replacement.

Macias provides quality plant material, and has a wide selection of desert native, lush and efficient plants. They offer a variety of trees that have not been available from other CONSENT CALENDAR ITEM NO. 4
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nurseries. Macias prices for plants and trees are typically lower than other nurseries. Staff will continue to compare prices and quality to obtain the best value for plant materials.

This spending authority would allow maintenance projects in City medians and parks to continue without interruptions to scheduled work.

ALTERNATIVES
Staff could request approval from Council for any future purchases from Macias on a per project basis. However, this approach would delay work schedules.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer 24 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH EAGLE PUMP SERVICES, INC. FOR PURCHASE AND INSTALLATION OF

REPLACEMENT SUBMERSIBLE STORM DRAIN PUMPS LOCATED AT CALLE

RONDO CANAL

RECOMMENDATION
Approve Agreement for Contract Services with Eagle Pump Services, Inc. for the purchase and installation of two replacement submersible storm drain pumps located at Calle Rondo canal; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• The two submersible pumps located at the Calle Rondo canal require replacement. • Staff solicited quotes and seeks approval to execute an Agreement for Contract Services (Attachment 1) with Eagle Pump Services Inc. (Eagle) who provided the lowest quote (Attachment 2).

FISCAL IMPACT
The total not to exceed amount is $78,000, which includes a 25% contingency. Funding is available in the Professional Services account no. 101-7003-60103.

BACKGROUND/ANALYSIS
The two submersible pumps located at the Calle Rondo canal (Attachment 3) have been in service for over 20 years and require replacement. Staff solicited quotes from three vendors and received two responses from Eagle and VSS Pump & Control.

Eagle provided the lowest quote and was selected to complete the pump replacement; Eagle has also successfully completed several pump repairs and installations for the City in the past.

Staff requests a 25% contingency in addition to the cost to replace the pumps to ensure adequate funding is available should there be a need to replace and/or repair any of the existing conduit or pump housing, which would be determined at the time when the existing pumps are removed.

CONSENT CALENDAR ITEM NO. 5
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ALTERNATIVES
Staff does not recommend an alternative, as the existing equipment is failing.

Prepared by: Tony Ulloa, Deputy Director
Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Agreement for Contract Services

2. Eagle Pump Services Inc. Quote

3. Vicinity Map
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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 Eagle Pump Services Inc. with a place of business at 5375 Walnut Ave. #2497 Chino, CA 91708 (“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 Rondo channel stormwater pump replacement, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

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

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

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

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered ATTACHMENT 1
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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.

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 28 CLICK HERE to Return to Agenda
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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 Seventy Thousand Dollars ($78,000.00), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

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

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the 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 29 CLICK HERE to Return to Agenda
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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 8, 2024, and terminate on April 8, 2024.

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) Name Robert Thurman
Telephone No.: 909230826
Email:[email protected]
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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 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.

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 31 CLICK HERE to Return to Agenda
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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 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 32 CLICK HERE to Return to Agenda
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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 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. 33 CLICK HERE to Return to Agenda
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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 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 34 CLICK HERE to Return to Agenda
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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 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. 35 CLICK HERE to Return to Agenda
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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 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 36 CLICK HERE to Return to Agenda
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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.

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.
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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:
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

Eagle Pump Serivices
5375 Walnut Ave #2497
Chino,CA 91708

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

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

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

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

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

10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be 38 CLICK HERE to Return to Agenda
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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:

CONTRACTING PARTY:

By: Eagle Pump Services
Name: Robert Thurman
Title: Foreman/tech
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
40 CLICK HERE to Return to Agenda
Exhibit A

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Exhibit A
Scope of Services
Rondo Channel Pump Replacement.

Scope of Work: (Estimator is required to complete a site and equipment inspection before providing quote. All parts and quantities shall be verified by estimator.) Provide all labor and materials required to remove and replace pump systems located inside the Rondo Channel stormwater vault
Scope assumes the vault is dry and pumped out prior to work commencing.

No formal specification provided.

Provide the following materials or comparable materials to replace the existing failed system components:

Qty. (2) Myers 4 inch 5 HP 230v 1750 RPM submersible solids handling pump to meet existing pump curve
Qty. (2) 35’ cable sets w/seal fail and alarms
Qty. (1) Nema 4X rated duplex level control panel w/alarm light for control of new pumps
Qty. (2) 4”X4” breakaway fitting elbows with base and 2” guides Qty. (2) sets of 2” 316 SS guide rails
Qty. (2) 4-inch inline ANSI ball check valves
Qty. (2) 20’ 316 SS chain kit with ¼” shackles rated at 800lb Qty. (6) NC/NC Floats with 35’ cables
Qty. (1) Float bracket to hold up to 6 floats
Qty. (6) Zinc float weight
Qty. (2) 4-inch gate valve flanged
Qty. (2) lot piping to be field installed based on-site requirements Qty. (1) Lot Electrical materials to replace existing failed conduits, boxes, and wiring Provide prevailing wage labor, confined space, and certified payroll for all on site work.

Provide labor and crane/rigging to remove existing failed system components and site clear.

Provide labor and misc. materials to install new conduit, boxes, and cabling as required to match existing.

Provide labor and crane/rigging to set new pumps, bases, piping, and valves.

Provide filed piping as required inside vault to match existing.

Provide mounting of new panel and complete wiring.

Provide start up and testing to ensure proper operation. 41 CLICK HERE to Return to Agenda
Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 42 CLICK HERE to Return to Agenda
Exhibit A

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

Contracting Party shall require the same of all subcontractors.

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

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

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 43 CLICK HERE to Return to Agenda
Exhibit A

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

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

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 44 CLICK HERE to Return to Agenda
Exhibit B

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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Seventy-eight Thousand dollars ($ 78,000.00) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in full net 30 upon completion and acceptance by The City. 45 CLICK HERE to Return to Agenda
Exhibit C

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

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Exhibit D
Special Requirements
None
47 CLICK HERE to Return to Agenda
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 Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.

Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out Exhibit E

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48 CLICK HERE to Return to Agenda
Exhibit E

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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.
e. Liability arising from the failure to render professional services. 49 CLICK HERE to Return to Agenda
Exhibit E

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party.

Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not 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 51 CLICK HERE to Return to Agenda
Exhibit E

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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 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.
52 CLICK HERE to Return to Agenda
Exhibit E

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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. 53 CLICK HERE to Return to Agenda
Exhibit F

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

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d. Indemnification Provision for Design Professionals.

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

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

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

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 55 CLICK HERE to Return to Agenda
Quote
Date
1/31/2024
Quote #
q20053339
Name / Address
City Of La Quinta Public Works
Tony Ulloa
Eagle Pump Services, Inc.
5375 Walnut Ave. #2497
Chino, CA 91708
Rep
RT
Project
909 229-7320 Fax #
888-228-6345
[email protected]
Total
Sales Tax (8.75%)
Description Qty Total
The following estimate is to perform the work requested at The Rondo Channel.

Allow 4-6 weeks for all parts to arrive upon approval.

On-Site Labor Charges RT Remove and replace everything in vault, including pumps, rail system, splice box, floats, and valves. Price reflects prevailing wage, crane cost, and 3 person confined space work w/ equipment. 1 21,726.00
New Deming 4D 5HP 230v 3ph 1750RPM 4 inch pumps 2 16,486.00T Deming 50ft power cord #12/4-18/4 W/ sensor leads 2 1,498.00T Duplex 3PH Panel 208/240/480 VAC 13-18 AMP N4X W/ Alarm Light 6 N/O Floats w/ seal fail.
1 3,076.00T
BAF 4X4 breakaway fittings/ elbows/ base w/UGB included 2in guides. 2 4,880.00T New float bracket for up to 6 floats. 1 133.00T
3/16 316SS chain kit w/ SS shackles 2 738.00T
Conery floats w/ weights. 6 1,380.00T
EkoWodrol 4 inch elbow ansi ball check valve. 2 1,826.00T 4 inch flanged gate valve resilient wedge 200cwp wedge. 2 1,372.00T 316SS pipe for guide rails 1 1,756.00T
Misc. SS hardware, anchors, SS plate, gaskets, submersible splices, etc. 1 1,467.00T SS Splice/Pull box. 1 923.00T
Estimated Shipping Charges Ground fob factory 1 450.00T $60,859.69
$3,148.69
ATTACHMENT 2
56 CLICK HERE to Return to Agenda
Calle Rondo Canal Pump Replacement - Project Location
Calle Tampico
Avenue 52
Calle Rondo
Washington Street
Calle Rondo Canal Vicinity Map ATTACHMENT 3ATTACHMENT
3 57 CLICK HERE to Return to Agenda
58 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH GOVINVEST INC. TO EXTEND MODULES FOR LABOR COSTING

AND FINANCIAL FORECASTING

RECOMMENDATION
Approve Amendment No. 2 to Agreement for Contract Services with GovInvest Inc. to extend modules for labor costing and financial forecasting; and authorize the City Manager to execute the Amendment.

EXECUTIVE SUMMARY
• The City currently utilizes GovInvest Inc. for actuarial consulting and technology services that includes required annual pension and healthcare actuarial services in order to comply with Governmental Accounting Standards Board (GASB) Statements 68 and 75, which establish standards for the measurement, display, and recognition of Pension and Other Post-Employment Benefits (OPEB) expenses and liabilities.
• In November 2020, Council awarded the actuarial consulting and technology services contract to GovInvest Inc, which expires December 31, 2025. • Amendment No. 1 (Amendment 1) included the addition of modules for labor costing and financial forecasting for the initial term. • Amendment No. 2 (Amendment 2) proposes the labor costing and financial forecasting be extended for two additional years through December 31, 2025.

FISCAL IMPACT
The annual cost for the additional modules will be $17,000 for the extended term through December 31, 2025, in the amount of $42,500 for the two additional years. Funds for these additional modules are available in the Finance Department account No. 101-1006- 60104, Consultants.

CONSENT CALENDAR ITEM NO. 6
59 BACKGROUND/ANALYSIS
In November 2020, Council awarded the actuarial consulting and technology services contract to GovInvest Inc, for a total not to exceed amount of $106,000, for an initial term of five years, expiring December 31, 2025, with an option to extend for two additional years.

Amendment 1 added modules for labor costing and financial forecasting by an additional amount of $17,000, increasing the contract for a total not to exceed amount of $123,000, for the initial term through December 31, 2025; this pricing includes the implementation phase and six months of complimentary service from July – December 2022.

Amendment 2 proposes to extend the modules for labor costing and financial forecasting by an additional amount of $17,000 for FY 23/24 and $25,500 for FY 24/25, increasing the contract for a total not to exceed amount of $165,500, for the initial term through December 31, 2025.

The implementation phase has been completed and the City would like to use these services moving forward. The addition of these modules will assist the City by elevating the process of planning, forecasting and budgeting by eliminating manual spreadsheets, automating the forecasting and scenario planning process, increasing transparency and trust across departments with visual graphs, and projecting labor costs with instant analysis and measuring changes in workforce.

ALTERNATIVES
Staff does not recommend other alternatives.

Prepared by: Claudia Martinez, Finance Director
Approved by: Jon McMillen, City Manager
Attachment: 1. Amendment No. 2 to Agreement for Contract Services 60 AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT
WITH GOVINVEST INC.

This Amendment No. 2 (“Amendment No. 2”) to Professional Services Agreement ("Agreement”) is made and entered into as of the 1st day of January, 2024, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and GovInvest Inc. (“Consultant”).

RECITALS
WHEREAS, on or about December 1, 2020, the City and GovInvest Inc. entered into an Agreement to provide services related to actuarial consulting and technology services, for a total not to exceed amount of $106,000. The term of the Agreement expires on December 31, 2025 (“Initial Term”); and
WHEREAS, City and Contracting Party have mutually agreed to amend Section

1.1 - Scope of Services to include the addition of the labor costing module and financial forecasting module; and
WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 - Contract Sum by an additional amount of $17,000 to include compensation for the labor costing module and financial forecasting module, for a total not to exceed amount of $123,000.

WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 - Contract Sum by an additional amount of $42,500 to include compensation for extension of the labor costing module and financial forecasting module, for a total not to exceed amount of $165,500.

NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:

1. Section 2.1 is amended to read as follows:

Section 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with Exhibit “B” (the “Schedule of Compensation”) in a total not to exceed amount of One Hundred Twenty-Three Thousand Dollars ($123,000), and in a total not to exceed amount of Forty-Two Thousand and Five Hundred Dollars ($42,500) during the Term, for a total not to exceed combined amount ATTACHMENT 2 61
of One Hundred Sixty-Five Thousand and Five Hundred Dollars ($165,500) (the “Contract Sum”), except as provided in Section 1.6.

In all other respects, the original Agreement shall remain in effect.

IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 2 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA CONSULTANT:

GovInvest, Inc.
a California municipal corporation
____ _______________________
JON McMILLEN, City Manager Max Stoff, Director of Customer Success
City of La Quinta, California
Dated:___________________ Dated:______________
ATTEST:

Dated:______________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California

62 Exhibit A
Scope of Services
Annual Fee Includes:
• Unlimited Logins: Credentials to access induvial cloud-based portals. • Portal Setup: Development of dedicated cloud-based portals. • Features & Reports: All features and reporting functions available within the cloud-based portal. • Setup, Support & Training: Dedicated support staff to assist in initial setup and unlimited ongoing training of the product and features. Refer to Implementation Steps below under User Training • Support Resources: Access to labor costing experts, training tools, webinars and conferences hosted by Company. • Expert Sessions: Scheduled training hosted by in-house finance, negotiations & budget experts, as well as peer government users with extensive experience using the product. • Internal Presentation Support: In-house finance, negotiations and budget experts to support in developing and reviewing presentations based on product usage.
• Dedicated Customer Success Manager: Specialist assigned to Client to facilitate communication withall available resources.

Implementation Steps
• Introductory 1-on-1 meeting between Customer’s project sponsor and GovInvest onboarding lead • Optional kick-off meeting with GovInvest onboarding lead and all customer stakeholders and others that will be involved in the onboarding process
• User training: Digital one-on-one or group sessions focused on setting up projects and using software to support Customer’s objectives.
• Project configuration: support the customer in building a cost project for their first bargaining group • Census building: Support the customer building their census file through development of costing elements built into software and within the validation process. • Validation: assist the customer in validating their results • Support: answer customer questions as they come up about modelling or validation Onboarding and implementation of the services included in this agreement, including data integration, data validation, training, and launch shall be completed by Customer with GovInvest onboarding team support. Implementation moves at pace of customer and their ability to compile appropriate data, understand MOU’s and GovInvest will support in software build out and representation of data.

Implementation Fee Includes Annual Fee Includes
Initial Logins Additional Logins
Initial Portal Setup Ongoing Maintenance
Current Features & Reports Future Features & Reports
Initial Setup & Training Future Support & Training
Current Support Resources Future Support Services
Expert Training Session Annual Expert Sessions
Internal Presentation Review (By Appointment) Ongoing Presentation Support (By Appointment) Dedicated Customer Success Manager Dedicated Customer Success Manager Cloud Based Downloads
Total Cost (Annual) Employee Results
Total Cost (Cumulative) Employees by Funding Source
Payroll (Annual) Cost by Funding Source
Difference from the Baseline (Annual) Accounts by Cost
Difference from Baseline (Cumulative) Accounts by Cost Accounting ID Cost Breakdown (Cumulative) Accounts by Employee Accounting ID Cost Detail (Annual) Accounts by Funding Source
Cost Category Breakdown (Cumulative) Employees by Account 63 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 Consultant under this Agreement is One Hundred Twenty-Three Thousand Dollars ($123,000), and in a total not to exceed amount of Forty-Two Thousand and Five Hundred Dollars ($42,500) during the Term, for a total not to exceed combined amount of One Hundred Sixty-Five Thousand and Five Hundred Dollars ($165,500) for the Initial Term. 64 CONSENT CALENDAR ITEM NO. 7
City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO UNIVERSAL CONSTRUCTION AND

ENGINEERING FOR CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-07 CDBG PROJECT NO. 4.LQ.48-23 LOCATED WITHIN THE SEASON’S NEIGHBORHOOD

RECOMMENDATION
Award a contract to Universal Construction and Engineering for the Citywide Miscellaneous Americans with Disabilities Act Improvements Project No. 2023-07, CDBG Project No. 4.LQ.48-23, located within the Season’s neighborhood; and authorize the City Manager to execute the contract and approve future change orders within the project budget amount.

EXECUTIVE SUMMARY
• This project is located within the Season’s neighborhood (Attachment 1) and includes the reconstruction of curb ramps, sidewalks, and cross-gutters on Springtime Way and Summer View Way.
• Construction is funded with Community Development Block Grant (CDBG) funds, which must be expended by the end of Fiscal Year (FY) 23/24. The County has requested that the project be as complete as possible by the end of June 2024. • Universal Construction and Engineering of Palm Desert, California, submitted the lowest responsible and responsive bid at $179,717 for the base bid and additive alternate (Attachment 2).

FISCAL IMPACT
The project budget is $250,210, of which $75,000 will be allocated from the Citywide Sidewalk Improvements Project and Americans with Disabilities Act (ADA) Access Ramp Various Locations (Project No. 2324STI and 2324ADA) and $175,210 from CDBG funds for construction costs. The following is the project budget:
65 CDBG City Combined*
Design/Professional: $0 $30,000 $30,000
Inspection/Testing/Survey: $0 $15,000 $15,000
Construction: $175,210 $ 4,507 $179,717
Contingency: $0 $25,493 $25,493
Total Budget: $175,210 $75,000 $250,210

BACKGROUND/ANALYSIS
In 2011, the City conducted an ADA accessibility survey of all public facilities. The City is currently updating the ADA accessibility survey. To date, the City has addressed ADA deficiencies at the exterior and interior of City Hall, La Quinta Park, Civic Center Campus, La Quinta Library, SilverRock parking lot, Museum, YMCA, Sports Complex, Velasco Park, Eisenhower Park, Adams Park, Desert Pride Park, Saguaro Park, Fritz Burns Park, Seasons Park, and a portion of Avenida Bermudas.

This year’s Citywide Miscellaneous ADA Improvements will include work within the Season’s neighborhood at the following locations:
 Springtime Way and Seasons Way
 Springtime Way and Summer View Way
 Summer View Way and Winter Cove Court
 Summer View Way and Desert Fall Way (Additive Alternate Recommended for Award)
Contingent upon approval to award the project on March 5, 2024, the following is the project schedule:

Council Considers Project Award March 5, 2024
Execute Contract and Mobilize March 6, 2024, to March 22, 2024 Construction (30 Working Days) March 25, 2024, to May 2024 Accept Improvements May 2024

ALTERNATIVES
Staff does not recommend an alternative.

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

2. Bid Comparison Summary
66 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Notes
REPORT PRINTED ON... 1/31/2023 11:35:48 AM
Vicinity Map
Citywide Miscellaneous ADA Improvements
0 6, 12,037
019
Feet
Blueline Streams
City Areas
World Street Map
ATTACHMENT 1
ATTACHMENT 1
67 Bid Opening Date: 02/28/2024 BID COMPARISON
Citywide Miscellaneious ADA Improvements
City Project No. 2023-07
ATTACHMENT 2
Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 16,000.00 $ $ 16,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 7,245.05 $ 7,245.05 2 Traffic Control LS 1 $ 8,000.00 $ 8,000.00 $ 17,000.00 $ 17,000.00 $ 15,000.00 $ 15,000.00 $ 12,303.62 $ 12,303.62 3 Dust Control LS 1 $ 4,000.00 $ 4,000.00 $ 1,500.00 $ 1,500.00 $ 4,500.00 $ 4,500.00 $ 1,272.73 $ 1,272.73 4 Remove Existing Tree EA 1 $ 2,000.00 $ 2,000.00 $ 1,000.00 $ 1,000.00 $ 1,500.00 $ 1,500.00 $ 4,454.76 $ 4,454.76 5 Sawcut, Remove, and Dispose of Existing
Corss-Gutter, Sidewalk and Ramp SF 3,500 $ 8.00 $ 28,000.00 $ 6.20 $ 21,700.00 $ 4.00 $ 14,000.00 $ 10.25 $ 35,870.37 6 Sawcut, Remove, and Dispose of Existing
Curb & Gutter LF 157 $ 46.00 $ 7,222.00 $ 30.00 $ 4,710.00 $ 14.00 $ 2,198.00 $ 190.34 $ 29,883.61 7 Construct Curb and Gutter per City of La
Quinta Std. No. 201 LF 35 $ 150.00 $ 5,250.00 $ 94.00 $ 3,290.00 $ 55.00 $ 1,925.00 $ 184.55 $ 6,459.30 8 Construct Sidewalk per City of La Quinta Std.

No, 240 Mod. SF 490 $ 11.00 $ 5,390.00 $ 8.50 $ 4,165.00 $ 8.00 $ 3,920.00 $ 31.54 $ 15,455.25 9 Construct Cross-Gutter per City of La Quinta
Std. No. 230 Mod. And 231 Mod. SF 645 $ 28.00 $ 18,060.00 $ 20.00 $ 12,900.00 $ 35.00 $ 22,575.00 $ 26.61 $ 17,164.54 10 Construct Cross-Gutter per City of La Quinta
Std. No. 250 Mod. Per Plan, Case A EA 6 $ 5,000.00 $ 30,000.00 $ 6,341.00 $ 38,046.00 $ 9,500.00 $ 57,000.00 $ 8,193.40 $ 49,160.40 11 Construct Concrete Curb Ramp per City of La
Quinta Std. No. 250 Mod per Plan, Case B EA 2 $ 4,500.00 $ 9,000.00 $ 5,565.00 $ 11,130.00 $ 10,000.00 $ 20,000.00 $ 8,843.44 $ 17,686.88 12 Full Depth Grind Asphalt Concrete Pavement
(3"), Compact Existing Base, and Variable
Overlay (3"-4")
SF 1,330 $ 16.00 $ 21,280.00 $ 10.50 $ 13,965.00 $ 14.00 $ 18,620.00 $ 33.93 $ 45,131.77 13 Modify Ex. Landscape, Hardscape, and
Irrigation as Needed LS 1 $ 3,750.00 $ 3,750.00 $ 2,000.00 $ 2,000.00 $ 5,000.00 $ 5,000.00 $ 17,989.07 $ 17,989.07 14 Signing and Striping, Including All Incidentals LS 1 $ 6,400.00 $ 6,400.00 $ 3,300.00 $ 3,300.00 $ 3,100.00 $ 3,100.00 $ 9,503.62 $ 9,503.62 $ 164,352.00 $ 144,706.00 $ 179,338.00 $ 269,580.97
BID ALTERNATIVE NO. 1 - Summary View Way & Desert Fall Ramps Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 3,000.00 $ $ 3,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 5,000.00 $ 6,749.22 $ 6,749.22 2 Traffic Control LS 1 2,000.00 $ $ 2,000.00 $ 6,000.00 $ 6,000.00 $ 5,000.00 $ 5,000.00 $ 4,065.91 $ 4,065.91 3 Dust Control LS 1 1,000.00 $ $ 1,000.00 $ 500.00 $ 500.00 $ 2,500.00 $ 2,500.00 $ 318.18 $ 318.18 4 Sawcut, Remove, and Dispose of Existing
Sidewalk and Ramp SF 760 $ 8.00 $ 6,080.00 $ 5.60 $ 4,256.00 $ 5.00 $ 3,800.00 $ 15.88 $ 12,069.49 5 Sawcut, Remove, and Dispose of Existing
Curb & Gutter LF 43 $ 46.00 $ 1,978.00 $ 33.00 $ 1,419.00 $ 15.00 $ 645.00 $ 170.92 $ 7,349.90 6 Construct Sidewalk per City of La Quinta Std.

No. 240 Mod. SF 110 $ 11.00 $ 1,210.00 $ 15.00 $ 1,650.00 $ 9.00 $ 990.00 $ 57.25 $ 6,297.80 7 Construct Concrete Curb Ramp per City of La
Quinta Std. No. 250 Mod. Per Plan, Case A EA 2 5,000.00 $ $ 10,000.00 $ 6,808.00 $ 13,616.00 $ 10,000.00 $ 20,000.00 $ 6,450.52 $ 12,901.03 8 Full Depth Grind Asphalt Concrete Pavement
(3"), Compact Existing Base, and Variable
Overlay (3"-4")
SF 140 $ 16.00 $ 2,240.00 $ 10.50 $ 1,470.00 $ 20.00 $ 2,800.00 $ 38.62 $ 5,406.88 9 Modfy Ex. Landscape, Hardscape, and
Irrigation as Needed LS 1 1,250.00 $ $ 1,250.00 $ 500.00 $ 500.00 $ 2,500.00 $ 2,500.00 $ 2,121.36 $ 2,121.36 10 Signing and Striping, Including All Incidentals LS 1 1,600.00 $ $ 1,600.00 $ 600.00 $ 600.00 $ 500.00 $ 500.00 $ 2,407.73 $ 2,407.73 $ 30,358.00 $ 35,011.00 $ 43,735.00 $ 59,687.50
$ 194,710.00 $ 179,717.00 $ 223,073.00 $ 329,268.47
$ 164,352.00 $ 144,706.00 $ 179,338.00 $ 269,580.97
Miscalculations and rounding errors
Base Bid Only
Sub-Total Base Bid:

UNIVERSAL CONSTRUCTION AND
ENGINEERING dba UNIVERSAL

CONSTRUCTION ENGINEERING
Engineer's Estimate - Base Bid IE GENERAL ENGINEERING, INC. METROCELL CONSTRUCTION, INC.

Sub-Total Additive Alternative No.1 Bid:

Grand Total Base Bid Including Alternate No. 1 :

ATTACHMENT
2 68
City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: APPROVE DECLARATION AND DISPOSAL OF SURPLUS

PROPERTY AND EQUIPMENT

RECOMMENDATION
Approve declaration and disposal of surplus property and equipment.

EXECUTIVE SUMMARY
• The City has accumulated surplus, obsolete and non-functional equipment that has limited market value (Surplus).
• Pursuant to the City’s Surplus Supplies and Equipment Policy (Policy), Council must declare property surplus prior to sale.
• Upon Council approval, a notice for bid will be advertised in The Desert Sun and the City’s website.

FISCAL IMPACT
Proceeds from equipment sales will be deposited into the original Fund they were purchased from. Advertising costs in The Desert Sun will be approximately $300, funds are available in the Finance Advertising budget (No. 101-1006-60450).

BACKGROUND/ANALYSIS
The Surplus consists of both functioning and non-functioning equipment that is no longer needed or has outlived its purpose (Attachment 1). Surplus items are identified by Department Directors as outlined by the Policy. The Finance Department consolidates the items for Council’s review. Upon Council approval, Surplus will be advertised for bid in The Desert Sun and the City website. Staff is proposing the following schedule:
• Publication posting: March 8 and 15, 2024
• Bid deadline: March 22, 2024
• Bid opening: March 25, 2024
Per Policy, if no bids are received, the surplus equipment will be sold at auction, donated to a non-profit organization, or discarded.

CONSENT CALENDAR ITEM NO. 8
69 ALTERNATIVES
Staff does not recommend an alternative action; this process occurs so that the City may discard surplus property and equipment.

Prepared by: Jessica Delgado, Administrative Technician Approved by: Claudia Martinez, Finance Director
Attachment: 1. List of Surplus Property and Equipment
70 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1576 Oven and Range Garland
Silver, Commercial Grade-
(Natural Gas) 394179 Good
1577 Refridgerator True Manufacturing Co. T-49 Silver, Commercial Grade 11131717 Good 1587 Laptop Computer Dell Latitude 3480 No Hard Drive HK0RSJ2 Fair 1588 Laptop Computer Dell Precision M2800 No Hard Drive 6YYRJ72 Fair 1589 Laptop Computer
Dell Inspirion 15 7000 Series
7548 No Hard Drive 4WHKB52 Fair
1590 Laptop Computer HP ProBook 470 G3 No Hard Drive 5CD613130P Fair 1591 Laptop Computer HP ProBook 470 G3 No Hard Drive 5CD61312ZQ Fair ATTACHMENT 1
71 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1592 Laptop Computer HP ProBook 470 G3 No Hard Drive 5CD6131302 Fair 1593 Laptop Computer HP ProBook 470 G3 No Hard Drive 5CD61312ZM Fair 1594 Laptop Computer HP ProBook 470 G3 No Hard Drive 5CD6131311 Fair 1595 Computer Tower HP ProBook 470 G3 No Hard Drive 5CD6131310 Fair 1596 Computer Tower Dell OptiPlex 3050 No Hard Drive 83FDHK2 Fair 1597 Computer Tower Dell OptiPlex 3050 No Hard Drive 3ZHTWK2 Fair 1598 Computer Tower Dell OptiPlex 7010 No Hard Drive FWLPJ02 Fair 72 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1599 Computer Tower Dell OptiPlex 7010 No Hard Drive FWMLJ02 Fair 1600 Computer Tower Dell OptiPlex 7010 No Hard Drive FWMKJ02 Fair 1601 All-in-one Computer Dell OptiPlex 9020 AIO No Hard Drive DLCKJ02 Poor 1602 All-in-one Computer
All-in-one Computer, Dell
OptiPlex 9020 AIO No Hard Drive DLDKJ02 Poor
1603 Desk Printer HP LaserjetPro M479Fdn Minor Scuff Marks MXBCMC304M Good 1604 Desk Printer HP LaserJetPro M402N Minor Scuff Marks PHBHC02634 Fair 1605 Printer HP LaserJet P1505 Desk Printer CNBK319663
Fair
73 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1606
Gigabit 5 port Switch
Workgroup Linksys EG005W Minor Scuff Marks RDU1054000319 Fair 1607
Audio Distribution
Amp RDL RU-ADA8D Audio Distribution Amp 140951 Good
1608
Microphone
Preamplifier RDL EZ-MAP1 Used 96529 Good
1609 Smart UPS APC SC-1000 Used 5S0940T46577 Good
1610 Professional Amplifier RDL QSC CX302 Used 50152635 Fair 1611 Computer Monitor HP W2371D Minor Scuff Marks 6CM3202YBR Fair 1612 Computer Monitor HP LA2205WG Minor Scuff Marks 3CQ2300H5W Fair 74 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1613 Computer Monitor Viewsonic VA20553M Minor Scuff Marks VS16162 Fair 1614 Sony Data Projector Sony VPL-SW235 Used 5001114 Fair 1615 Server Rack HP AF002A Used USE922MHWC Good
1616 Server Rack HP AF002A Used USE922MHS3 Good
1617 Printer Canon ImageRunner 3245 Not Working (21)7000017404 Poor 1618 Audio Equipment Several
Random Pieces, Unknown if
Working Several Poor
1619 Lamp N/A Office Lamp N/A Fair
75 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1620 Shredder Fellowes Unknown If Working SB-97Cs Fair
1621 Office Supplies Unknown Office Wall Mount Organizers N/A Fair 1622 Office Supplies Unknown Box of Random Office Supplies N/A Fair 1623
Dog Food Storage
Container Unknown Hard Plastic Storage Container N/A Fair 1624 Printer HP Officejet Pro 8600 Pl.us Not Working CN2BCBWPT7 Poor 1625 Office Supplies Several
Filing Trays and Miscellaneous
Items N/A Fair
76 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1626 Printer HP Laser Jet P2015dn Small Office Printer CNBJL29273 Poor 1627 Cables N/A
A Bag of Random Speaker
Cables Unknown Good
1628 Speaker American Audio, XSP-12P Unknown 35151241 Fair 1629 Speaker American Audio, XSP-12P Unknown 35151244 Fair 1630
Jam Stands Speaker
Stands N/A Unknown Unknown Fair
1631 On Stage Stands 99771 Speaker Stands N/A Good
77 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1632 B-Air Blower B-Air Air Blower KP-164629 Good
1633
Speaker/Microphone
Cables N/A
High Power Cables for Speakers
and Microphones Bundle of 9 N/A Good
1634 Subwoofer LX-18 Large Subwoofer LX180006730 Good
1635 Sound Receiver Unit Unknown 3 Component Audio Unit N/A Fair 1636 3D printer Raise3DPro2
Dual Extrusion with 12x12x11.8
inch Print Volume 10131813020 Fair
1637
Retractable Projector
Screen Knox/Crusader
6' extension, Silver background,
Plastic Wood Cover N/A Good
78 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1638 Office Chair Unknown Black Cloth Armless Chair N/A Good 1639 Speakers Radio Shack Small, Tan Speakers, 7" x 4" N/A Fair 1640 Projector Cart Unknown
Black Metal 4 Wheeled Cart for
Projectors N/A Good
1641 Office Chair Unknown
Black Vinyl with Arm Rests, Torn
Vinyl N/A Poor
1642 Laptop HP Black / Outdated, No Hard Drive CNF73049VX Fair 1643 Digital Camera Olympus / FE-310 Silver / Outdated Y16106347 Fair 1644 Digital Camera Canon/Power Shot SD600 Silver / Outdated 3023363797 Fair 79 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1645 Digital Camera Canon/Power Shot SD600 Silver / Outdated 2723035827 Fair 1646 Digital Camera Canon/Power Shot SD600 Silver / Outdated 3023363791 Fair 1647 Printer Epson Workforce Pro WF3720 X2TF315441 Poor 1648 Printer HP Unknown 4700 JP8LB70788 Poor
1649 Office Supplies Several Box of Random Office Supplies N/A Fair 1650 Computer Tower HP Workstation xw4200 No Hard Drive 2UA506OCWX Poor 1651
Keyboard/Mouse
Combo
Logitech MK550 Keyboard,
M510 Mouse
Wireless Contoured Keyboard &
Ambidextrous Mouse, Dark
Silver, Works, but Some of the
Letters on Keyboard are Faded Unknown Fair
80 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1652 Bookshelf Unknown Two-Shelve Book Case, Tan N/A Poor 1653 Bookshelf/Cabinet Unknown Light brown, Wood is Scratched N/A Poor 1654 16 port Switch D-Link - DGS-101D Minor Scuff Marks DRBNAA9001097 Fair 1655 16 port Switch HP Aruba 2530-8G Minor Scuff Marks CN84FP51VF Fair 1656 8 port PoE Switch HP 1910 8p - J0349A Minor Scuff Marks 1781-11-2419 Fair 1657 8 Port Switch TrenNet TEG-S81g LAN Switch C214038100750 Fair 1658 Treadmill
DAK3AV Technogym Excite
Jog Now
In Working Condition, Minor
Wear and Tears DAK3AV14000119 Fair
81 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1659 Treadmill
DAK3AV Technogym Excite
Jog Now
In Working Condition, Minor
Wear and Tears DAK3AV14000121 Fair
1660 Treadmill
DAK3AV Technogym Excite
Jog Now
In Working Condition, Minor
Wear and Tears DAK3AV14000122 Fair
1661 Treadmill
DAK3AV Technogym Excite
Jog Now
In Working Condition, Minor
Wear and Tears DAK3AV14000147 Fair
1662 Treadmill
DAK3AV Technogym Excite
Jog Now
In Working Condition, Minor
Wear and Tears DAK3AV14000125 Fair
1663 Treadmill Sole F-85 Doesn't work 5858202112014070 Poor 1664 Elliptical
Technogym DAG73 Excite
Crossover
In Working Conditions, Minor
Wear and Tears DAG73V14000053 Good
82 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1665 Lower Back Bench
Technogym PA05-ANVOGG
PANCA Lower Back
In Working Conditions, Minor
Wear and Tears PA0513100789 Fair
1666 Rower Machine Concept 2,1997 Model E
In Working Conditions, Minor
Wear and Tears 0717140-1997-410136532 Fair
1667 Rower Machine Concept 2, 1998 Model E
In Working Conditions, Minor
Wear and Tears 0717140-1997-410136377 Fair
1668 Laptop 2-1
Dell Latitude 7200 2-1 -
9GGXYY2
Laptop/Tablet, No Hard Drive,
Needs Battery T04J001 Fair
1669 Laptop 2-1
Dell Latitude 7200 2-1 -
1Q66733 Laptop/Tablet, No Hard Drive T04J001 Fair
1670 Laptop 2-1
Dell Latitude 7200 2-1-
8WJSBY2 Laptop/Tablet, No Hard Drive R31264 Fair
1671 Laptop 2-1 Microsoft Surface Pro - 1724 Laptop/Tablet, Screen Jitter O83811755053 Fair 83 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1672 NAS Sytem
Netgear Ready Nas -
RN10222D-100NAS
Network Attach Storage Unit, No
Hard Drive 3ER134EW026E8 Good
1673 PC Monitor ViewSonic VS16162 20 Inch Screen UD2181360018 Good 1674 PC Monitor Samsung LS23B300 21 Inch Screen ZUELHTNC5009010 Fair 1675 PC Tower
Dell Inspiron 15 700 Series -
P41F001 Laptop/Tablet, No Hard Drive 24098398310 Good
1676 PC Tower Dell OptiPlex 3020 PC Unit, No Hard Drive 621YFZ1 Fair 1677 TV Screen Vizio D321-F1 Unknown If Working LTQWVMKV0464672 Fair 1678 TV Screen Vizio E390i-A1 Unknown If Working LTYXNQNP2554740 Fair 84 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1679 TV Screen Vizio E509-B1 Unknown If Working LTMVPLEQ4565015 Fair 1680 TV Screen Vizio E3901-A1 Unknown If Working LTYXNQNP2555063 Fair 1681 TV Screen Samsung UN43J500AF Unknown If Working OYMN3CPK919278E Fair 1682 TV Screen Samsung UN49MV6290FXZA
Cracked Screen, Unknown if
Working O6XN3CVK704989K Poor
1683 TV Screen Samsung LN-846950
Minor Scuff Marks, Unknown if
Working AG3R3CFL801567J Fair
1684

VGA TO HDMI
Converter Monoprice LKV-350 Trancoder for Video L8615995164 Fair 1685 Video Broadcaster LiteShow InliteshowIII Unknow Condition BAKY15000394 Fair 85 Inventory
Number Item Picture Model/Brand Description Serial number Condition 1686 Excersize Bike
NordicTrack Bike, Model No.

NTEX05119.8 Not Working NN042F1800884 Poor
1687 Rower Machine Concept 2 PM3 Unknown If Working 400012028 Poor 1688
Digital Embroidery
Machine Brother, Model PE535
Embroidery Machine, Needs
Repairs U65171-L0P709039 Poor
86 City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED FEBRUARY 16, AND FEBRUARY 23, 2024

RECOMMENDATION
Approve demand registers dated February 16, and February 23, 2024.

EXECUTIVE SUMMARY – None

FISCAL IMPACT
Demand of Cash:

City $ 3,715,431.50
Successor Agency of RDA $ -
Housing Authority $ 16,111.56
$ 3,731,543.06

BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for approve demand registers dated February 16, and February 23, 2024.

Warrants Issued:
213104-213174 $ 1,054,500.37
213176-213233 $ 371,729.62
Voids $ (4,010.54)
Wire Transfers $ 2,019,765.85
Payroll Tax Transfers $ 49,922.30
Payroll Direct Deposit $ 239,635.46
$ 3,731,543.06
*Check number 213175, payable to Southern California Gas Company, will be reported on a future Demand Register Report.

Eight checks were voided and reissued. The voids were the result of the periodic review of stale-dated checks.

CONSENT CALENDAR ITEM NO. 9
87 Vendor Account Name Amount Purpose
Ortiz Enterprises, Inc. Construction $643,286.14 Dune Palms Bridge Progress Payment
Action Park Alliance, Inc. X-Park Programming $101,019.50 01/01-03/31/24 X-Park Operations Services
Vintage Associates Landscape Contract $81,868.16 02/2024 City Parks Landscape Maintenance
PWLC II, Inc. Landscape Contract $72,110.00 02/2024 Citywide Landscape and Lighting Maintenance
Springs Ambulance Service, Inc. Golf Tournament $57,838.00 AMEX Tournament AMR Services
Wire Transfers: Sixteen transfers totaled $2,019,766. Of this amount, $1,681,664 million was to U.S Bank Trust for successor agency bond debt service payment and $191,745 was to Landmark (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
Maturity Rollstone Bank & Trust CD $ 245,000 2/12/2023 1.650% 1.650% Maturity Northwest Bank CD $ 248,000 2/13/2024 2.950% 2.950% Maturity Federal Home Loan Banks Agency $ 500,000 2/13/2024 2.500% 2.560% Purchase Southern First Bank CD $ 248,000 2/14/2024 4.700% 4.700% Purchase Bank of New England CD $ 248,000 2/14/2024 4.850% 4.850% Purchase Federal Farm Credit Banks Agency $ 1,000,000 2/14/2024 4.125% 4.318% Maturity Federal Farm Credit Banks Agency $ 1,000,000 2/14/2024 1.430% 1.450% Purchase United States Treasury Treasury Note $ 1,000,000 2/15/2024 2.625% 4.285% Purchase Federal Home Loan Banks Agency $ 2,000,000 2/15/2024 4.450% 4.450% Purchase Federal Home Loan Banks Agency $ 1,000,000 2/15/2024 5.000% 5.000% Sale Federal Home Loan Banks Agency Discount $ 2,000,000 2/15/2024 0.000% 5.472% Purchase United States Treasury T-Bill $ 2,000,000 2/15/2024 0.000% 5.260% Maturity United States Treasury Treasury Note $ 2,000,000 2/15/2024 2.750% 5.380% 88 2/26/2024 10:39:39 AM Page 1 of 8
Demand Register
City of La Quinta Packet: APPKT03723 - 02/16/2024 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
CENTRAL COMMUNICATIONS 213123 01/2024 - STVR HOTLINE Professional Services 101-6004-60103 623.00 CENTRAL COMMUNICATIONS 213123 02/2024 - STVR HOTLINE Professional Services 101-6004-60103 623.00 FRANCHISE TAX BOARD 213134 GARNISHMENT Garnishments Payable 101-0000-20985 223.79 UNITED WAY OF THE DESERT 213169 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 U.S. TRAVEL ASSOCIATION 213168 PILLAR MEMBERSHIP Membership Dues 101-3007-60351 1,650.00 CHARTER COMMUNICATIONS… 213124 01/16-02/15/24 - FS #70 CABLE (1860) Cable/Internet - Utilities 101-2002-61400 41.76 111 NOTARY SERVICES 213104 01/2024 - FINGERPRINTING SCANNING Recruiting/Pre-Employment 101-1004-60129 90.00 CHARTER COMMUNICATIONS… 213124 01/16-02/15/24 - FS #32 CABLE (8152) Cable/Internet - Utilities 101-2002-61400 95.96 SOUTHWEST AQUATICS INC 213166 CIVIC CENTER LAKE REPAIRS Civic Center Lake Maintenan… 101-3005-60117 2,522.25 CHARTER COMMUNICATIONS… 213124 02/05-03/04/24 - FS #32 CABLE/INTERN… Cable/Internet - Utilities 101-2002-61400 10.56 CHARTER COMMUNICATIONS… 213124 02/03-03/02/24 - FS #93 INTERNET (351… Cable/Internet - Utilities 101-2002-61400 99.99 CHARTER COMMUNICATIONS… 213124 01/29-02/28/24 - FS #32 INTERNET (649… Cable/Internet - Utilities 101-2002-61400 99.99 HR GREEN PACIFIC INC 213142 01/2024 - ONCALL PLAN CHECK SVCS E… Map/Plan Checking 101-7002-60183 549.00 VALLEY LOCK & SAFE 213170 KEYS FOR PW Operating Supplies 101-7002-60420 9.62 POLCO 213160 SUBSCRIPTION FOR APP FOR COMMUNI… Community Engagement 101-3007-60137 3,375.00 IRC CORPORATION 213143 01/2024 - PRE-EMPLOYMENT BACKGRO… Recruiting/Pre-Employment 101-1004-60129 266.55 ANDERSON COMMUNICATI… 213111 ANNUAL REPEATER SERVICE Mobile/Cell Phones/Satellites 101-2002-61304 1,190.70 NI GOVERNMENT SERVICES I… 213153 01/2024 - SATELLITE PHONES Mobile/Cell Phones/Satellites 101-2002-61304 87.35 WILLIAMS, BILLEE 213174 YOGA FLOW CLASS Instructors 101-3002-60107 54.60 WILLIAMS, BILLEE 213174 YOGA FLOW CLASS Instructors 101-3002-60107 25.20 WILLIAMS, BILLEE 213174 PILATES CLASS Instructors 101-3002-60107 254.80 WILLIAMS, BILLEE 213174 MAT PILATES DI CLASSES Instructors 101-3002-60107 37.80 VIELHARBER, KAREN 213172 GENTLE YOGA TUESDAY CLASS Instructors 101-3002-60107 504.00 VIELHARBER, KAREN 213172 GENTLE YOGA TUESDAY DI CLASSES Instructors 101-3002-60107 73.50 VIELHARBER, KAREN 213172 GENTLE YOGA THURSDAY CLASS Instructors 101-3002-60107 392.00 VIELHARBER, KAREN 213172 GENTLE YOGA THURSDAY DI CLASSES Instructors 101-3002-60107 63.00 SHIRY, TERESA 213165 BALLROOM BEGINNING CLASS Instructors 101-3002-60107 78.75 SHIRY, TERESA 213165 BALLROOM BEGINNING DI CLASSES Instructors 101-3002-60107 273.00 RUDY, LORI A 213164 ESSENTIAL FITNESS CLASS Instructors 101-3002-60107 301.00 RUDY, LORI A 213164 ESSENTIAL FITNESS DI CLASS Instructors 101-3002-60107 84.00 HEWETT, ATSUKO YAMANE 213140 TAI CHI YANG CLASS Instructors 101-3002-60107 137.20 HEWETT, ATSUKO YAMANE 213140 TAI CHI YANG DI CLASSES Instructors 101-3002-60107 21.00 HEWETT, ATSUKO YAMANE 213140 DEEP STRETCH CLASS Instructors 101-3002-60107 205.80 HEWETT, ATSUKO YAMANE 213140 DEEP STRETCH DI CLASSES Instructors 101-3002-60107 42.00 NOVAK, JAN 213154 PICKLEBALL 101 BEGINNER CLASS Instructors 101-3002-60107 784.00 JENSEN, SHARLA W 213144 1 DAY SESSION CLASS Instructors 101-3002-60107 48.00 JENSEN, SHARLA W 213144 PERSONAL TRAINING 3 SESSIONS CLASS Instructors 101-3002-60107 264.00 JENSEN, SHARLA W 213144 PERSONAL TRAINING 6 SESSIONS CLASS Instructors 101-3002-60107 528.00 LEAGUE OF CALIFORNIA CITI… 213148 2024 LEAGUE OF CA CITIES RIVERSIDE … Membership Dues 101-1002-60351 100.00 FIELDMAN, ROLAPP & ASSOC… 213132 FY23/24 LAND-BASED FINANCING POLIC… Professional Services 101-1006-60103 767.00 CACEO 213120 CACEO MEMBERSHIP DUES A.MORENO Membership Dues 101-1002-60351 100.00 SPRINGS AMBULANCE SERVI… 213167 1/15-1/20/24 AMER SERVICES FOR AME… Golf Tournament 101-2002-60525 18,584.00 SPRINGS AMBULANCE SERVI… 213167 1/15-1/21/24 AMR SERVICES FOR AMEX… Golf Tournament 101-2002-60525 39,254.00 ALARM MONITORING SERVI… 213106 CH ALARM PANEL REPAIRS Security & Alarm 101-3008-60123 170.32 BIO-TOX LABORATORIES 213115 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 653.83 BIO-TOX LABORATORIES 213115 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 2,004.18 MERCHANTS BUILDING MAI… 213151 01/2024 - JANITORIAL SERVICES Janitorial 101-3008-60115 15,947.62 AMERICAN FORENSIC NURSE… 213110 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 66.85 AMERICAN FORENSIC NURSE… 213110 BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 1,126.00 FEDEX 213131 01/26/24 - OVERNIGHT MAIL Postage 101-1007-60470 36.27 FEDEX 213131 01/30/24 - OVERNIGHT MAIL Postage 101-1007-60470 7.32 GRAINGER 213137 MANUAL PALLET JACK Tools/Equipment 101-3008-60432 812.49 VERIZON WIRELESS 213171 12/26-23-1/25/24 - LQPD CELLS (6852) Telephone - Utilities 101-2001-61300 889.55 ATTACHMENT 1
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY ASSOC O… 213125 12/2023 - ARTS AND MUSIC LINE SHARE… Contributions to Other Agenc… 101-7006-60480 130.31 COACHELLA VALLEY ASSOC O… 213125 12/2023 - ARTS AND MUSIC LINE SHARE… Contributions to Other Agenc… 101-7006-60480 493.27 LOWE'S HOME IMPROVEME… 213149 STAPLES & STAPLE GUN Materials/Supplies 101-3005-60431 29.92 LOWE'S HOME IMPROVEME… 213149 EXTENSION CORDS Materials/Supplies 101-3005-60431 124.19 LOWE'S HOME IMPROVEME… 213149 EXTENSION CORDS Materials/Supplies 101-3005-60431 105.89 LOWE'S HOME IMPROVEME… 213149 FLAT WASHERS Materials/Supplies 101-3005-60431 5.96 LOWE'S HOME IMPROVEME… 213149 EXTENSION CORDS Materials/Supplies 101-3005-60431 144.04 LOWE'S HOME IMPROVEME… 213149 SMALL TOOLS Tools/Equipment 101-3005-60432 112.88 LOWE'S HOME IMPROVEME… 213149 MASONRY DRILL BITS Tools/Equipment 101-3005-60432 34.07 LOWE'S HOME IMPROVEME… 213149 CONCRETE PATCH & TOILET SEAT Materials/Supplies 101-3008-60431 117.67 LOWE'S HOME IMPROVEME… 213149 LIGHT BULBS Materials/Supplies 101-3008-60431 13.41 LOWE'S HOME IMPROVEME… 213149 KICK PLATE Materials/Supplies 101-3008-60431 46.45 LOWE'S HOME IMPROVEME… 213149 DRILL BIT EXTENSION & DOOR HINGE Materials/Supplies 101-3008-60431 123.77 LOWE'S HOME IMPROVEME… 213149 DRILL BIT & BATTERIES Materials/Supplies 101-3008-60431 113.56 LOWE'S HOME IMPROVEME… 213149 LIGHT BULBS Materials/Supplies 101-3008-60431 195.20 LOWE'S HOME IMPROVEME… 213149 EXTENSION CORD Materials/Supplies 101-3008-60431 2.35 LOWE'S HOME IMPROVEME… 213149 DRILL BITS Tools/Equipment 101-7003-60432 76.91 LOWE'S HOME IMPROVEME… 213149 GREASE FOR SKID STEER Tools/Equipment 101-7003-60432 48.47 CALDERON, MICHAEL 213121 FY 23/24 ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reim… 101-1004-50252 200.00 CAMARENA, REYNA 213122 FY 23/24 ANNUAL WELLNESS DOLLARS … Annual Wellness Dollar Reim… 101-1004-50252 200.00 ELDER LOVE USA 213130 COMMUNITY SERVICE GRANT Grants & Economic Develop… 101-3001-60510 5,000.00 JEWISH FAMILY SERVICE OF … 213145 FY 23/24 COMMUNITY SERVICES GRANT Grants & Economic Develop… 101-3001-60510 5,000.00 FRONTIER COMMUNICATIO… 213135 01/26-02/25/24 - POLICE INTERNET Cable/Internet - Utilities 101-2001-61400 536.20 FRONTIER COMMUNICATIO… 213135 01/28-02/27/24 - SPORTS COMPLEX PH… Telephone - Utilities 101-3005-61300 39.20 PACIFIC WEST AIR CONDITIO… 213157 12/12/23 - CH HVAC REPAIRS HVAC 101-3008-60667 1,611.00 PACIFIC WEST AIR CONDITIO… 213157 1/10/24 - CLEAN CH VAVs FOR AIR HAN… HVAC 101-3008-60667 1,432.00 PETRA-1, LP 213158 GYM WIPES 4 CASES Operating Supplies 101-3002-60420 658.41 FLOCK SAFETY 213133 MONROE/AVE 52 CAMERA POLE REPLA… Public Safety Camera System… 101-2001-60692 500.00 GOVOS, INC. 213136 01/2024 - STVR PERMITTING SOFTWARE Professional Services 101-1005-60103 3,820.00 COACHELLA VALLEY CONSER… 213126 01/2024 - MSCHP FEES MSHCP Mitigation Fee 101-0000-20310 3,250.00 COACHELLA VALLEY CONSER… 213126 01/2024 - MSCHP FEES CVMSHCP Admin Fee 101-0000-43631 -32.50 EISENHOWER MEDICAL CEN… 213129 12/16/23 - SEXUAL ASSAULT EXAM LA2… Sexual Assault Exam Fees 101-2001-60193 1,200.00 BMO FINANCIAL GROUP 213116 STANDING DESK Operating Supplies 101-1005-60420 326.23 BMO FINANCIAL GROUP 213116 2024 CSMFO MEMBERSHIP R.HALLICK Membership Dues 101-1006-60351 135.00 BMO FINANCIAL GROUP 213116 CH LOBBY COFFEE SUPPLIES Citywide Supplies 101-1007-60403 164.60 BMO FINANCIAL GROUP 213116 COFFEE STIR STICKS Citywide Supplies 101-1007-60403 16.30 BMO FINANCIAL GROUP 213116 RETURN COFFEE CUP LIDS Citywide Supplies 101-1007-60403 -44.02 BMO FINANCIAL GROUP 213116 1/19/24 EVENT DINNER FOR POLICE/FIRE LQ Police Volunteers 101-2001-60109 373.88 BMO FINANCIAL GROUP 213116 1/20/24 EVENT DINNER FOR POLICE/FIRE LQ Police Volunteers 101-2001-60109 358.58 BMO FINANCIAL GROUP 213116 WATER FILTERS FOR WC Operating Supplies 101-3002-60420 642.72 BMO FINANCIAL GROUP 213116 MARKING TAPE Community Experiences 101-3003-60149 48.90 BMO FINANCIAL GROUP 213116 EGG HUNT EVENT SUPPLIES Community Experiences 101-3003-60149 4,179.64 BMO FINANCIAL GROUP 213116 WINTER CAPS Uniforms 101-3005-60690 170.20 BMO FINANCIAL GROUP 213116 WC DISHWASHER MAINTENANCE Maintenance/Services 101-3008-60691 975.00 BMO FINANCIAL GROUP 213116 01/2024 APWA LUNCH MEETING Travel & Training 101-7001-60320 183.43 BMO FINANCIAL GROUP 213116 02/2024 APWA LUNCH Travel & Training 101-7001-60320 382.91 BMO FINANCIAL GROUP 213116 02/2024 APWA LUNCH Travel & Training 101-7003-60320 49.87 BMO FINANCIAL GROUP 213116 PW MANAGEMENT MANUAL & SOFTW… Subscriptions & Publications 101-7006-60352 665.00 BMO FINANCIAL GROUP 213116 SAFTEY BOOTS U.AYON Safety Gear 101-7006-60427 154.12 BMO FINANCIAL GROUP 213116 PLEXIGLASS FOR SENIOR INSPIRATION … Sales Taxes Payable 101-0000-20304 -9.28 BMO FINANCIAL GROUP 213116 FB POOL PARKING PERMIT SALES TAX Sales Taxes Payable 101-0000-20304 -21.88 BMO FINANCIAL GROUP 213116 TRAFFIC SIGNAL TECH JOB POST Recruiting/Pre-Employment 101-1004-60129 350.00 BMO FINANCIAL GROUP 213116 LUNCH FOR INTERVIEW PANEL PT REC L… Recruiting/Pre-Employment 101-1004-60129 66.69 BMO FINANCIAL GROUP 213116 CJPIA TRAINING SNACKS Travel & Training 101-1004-60320 36.58 BMO FINANCIAL GROUP 213116 1/23-1/25/24 CJPIA TRAINING SNACKS, … Travel & Training 101-1004-60320 219.10 BMO FINANCIAL GROUP 213116 CJPIA TRAINING SNACKS Travel & Training 101-1004-60320 24.64 BMO FINANCIAL GROUP 213116 1/25/24 - CJPIA TRAINING LUNCH Travel & Training 101-1004-60320 150.61 BMO FINANCIAL GROUP 213116 1/25/24 - CJPIA TRAINING SNACKS Travel & Training 101-1004-60320 125.91 BMO FINANCIAL GROUP 213116 1/23/24 - CJPIA TRAINING LUNCH Travel & Training 101-1004-60320 176.30 BMO FINANCIAL GROUP 213116 1/24-1/25/24 - CJPIA TRAINING SNACKS Travel & Training 101-1004-60320 19.16 90 Demand Register Packet: APPKT03723 - 02/16/2024 JB
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount BMO FINANCIAL GROUP 213116 01/24/24 - CJPIA TRAINING LUNCH Travel & Training 101-1004-60320 127.98 BMO FINANCIAL GROUP 213116 PLEXIGLASS FOR SENIOR INSPIRATION … Operating Supplies 101-3002-60420 129.71 BMO FINANCIAL GROUP 213116 ROCKET LAUNCH SUPPPLIES Community Experiences 101-3003-60149 963.38 BMO FINANCIAL GROUP 213116 BUNNIES FOR GOLDEN TICKET WINNERS Community Experiences 101-3003-60149 358.98 BMO FINANCIAL GROUP 213116 BACKDROP AND EASTER BUNNY SVCS Community Experiences 101-3003-60149 700.00 BMO FINANCIAL GROUP 213116 SRR EVENT PARK FOOD PERMIT Community Experiences 101-3003-60149 211.91 BMO FINANCIAL GROUP 213116 FB POOL PARKING PERMIT Operating Supplies 101-3003-60420 271.88 BMO FINANCIAL GROUP 213116 CARDSTOCK Office Supplies 101-1002-60400 45.77 BMO FINANCIAL GROUP 213116 CITY COUNCIL DINNER FOR STAFF Travel & Training 101-1004-60320 112.83 BMO FINANCIAL GROUP 213116 DRY ERASE MARKERS Office Supplies 101-1004-60400 32.28 BMO FINANCIAL GROUP 213116 DRY ERASE BOARDS Operating Supplies 101-1004-60420 130.47 BMO FINANCIAL GROUP 213116 HEATER Operating Supplies 101-1004-60420 26.08 BMO FINANCIAL GROUP 213116 SPACE HEATER & NOTEBOOK Office Supplies 101-1005-60400 116.90 BMO FINANCIAL GROUP 213116 ROBERT'S RULES BOOKS & QUICK CHART Operating Supplies 101-1005-60420 49.29 BMO FINANCIAL GROUP 213116 CSMFO VIRTUAL SESSIONS REFUND Travel & Training 101-1006-60320 -150.00 BMO FINANCIAL GROUP 213116 WEIGHTS FOR WC Operating Supplies 101-3002-60420 92.50 BMO FINANCIAL GROUP 213116 DISPOSABLE GLOVES Operating Supplies 101-3002-60420 390.60 BMO FINANCIAL GROUP 213116 01/2024 - MAILCHIMP Membership Dues 101-3007-60351 219.00 BMO FINANCIAL GROUP 213116 02/2024 - APPLE MUSIC/STORAGE Membership Dues 101-3007-60351 25.95 BMO FINANCIAL GROUP 213116 STORAGE ORGANIZERS Operating Supplies 101-3007-60420 50.00 BMO FINANCIAL GROUP 213116 STORAGE/ORGANIZERS Operating Supplies 101-3007-60420 53.25 BMO FINANCIAL GROUP 213116 BIT HOLDERS 1/4 SOCKET Tools/Equipment 101-3008-60432 55.44 BMO FINANCIAL GROUP 213116 DESERT SUN Subscriptions & Publications 101-6001-60352 1.79 BMO FINANCIAL GROUP 213116 WALL CALENDAR D.CASTRO Office Supplies 101-6001-60400 17.07 BMO FINANCIAL GROUP 213116 MINTS Operating Supplies 101-6001-60420 15.99 BMO FINANCIAL GROUP 213116 1/31/24 - FOOD FOR ALL HANDS MEETI… Employee Recognition Events 101-1004-60340 1,146.17 BMO FINANCIAL GROUP 213116 LEAGUE OF CA CITIES CONFERENCE C.F… Travel & Training 101-6002-60320 675.00 BMO FINANCIAL GROUP 213116 PLANTS & MULCH Materials/Supplies 101-3005-60431 521.91 BMO FINANCIAL GROUP 213116 SUPPLIES FOR 2024 COMMUNITY WORK… Community Engagement 101-3007-60137 294.26 BMO FINANCIAL GROUP 213116 ALT SUMMIT CONFERENCE Travel & Training 101-3007-60320 645.00 BMO FINANCIAL GROUP 213116 PRSA ANNUAL MEMBERSHIP M.GRAHAM Membership Dues 101-3007-60351 407.00 BMO FINANCIAL GROUP 213116 INVENTORY SUBSCRIPTION Membership Dues 101-3007-60351 348.00 BMO FINANCIAL GROUP 213116 AWARD SUBMISSION FOR ETOURISM S… Marketing & Tourism Promot… 101-3007-60461 225.00 BMO FINANCIAL GROUP 213116 1/14/24 - COUNCIL MLK EVENT SNACKS Travel & Training 101-1001-60320 300.31 BMO FINANCIAL GROUP 213116 NEIGHBORHOOD WATCH/CV DISASTER … LQ Police Volunteers 101-2001-60109 149.83 BMO FINANCIAL GROUP 213116 1/18/24 - NEIGHBORHOOD WATCH ME… LQ Police Volunteers 101-2001-60109 50.65 BMO FINANCIAL GROUP 213116 SNACKS & DRINKS FOR AMEX LQ Police Volunteers 101-2001-60109 201.34 BMO FINANCIAL GROUP 213116 1/8/24 - LEAGUE DIVISION MEETING S.S… Travel & Training 101-1001-60320 45.00 BMO FINANCIAL GROUP 213116 FEB 2024 LEAGUE DIVISION MEETING Travel & Training 101-1001-60320 45.00 BMO FINANCIAL GROUP 213116 DISCOVERY MUSEUM FUNDRAISER S.SA… Travel & Training 101-1001-60320 120.00 BMO FINANCIAL GROUP 213116 2/1/24 BIASC CV 2024 KICKOFF RECEPTI… Travel & Training 101-1001-60320 60.00 BMO FINANCIAL GROUP 213116 2024 RAMMYS BUSINESS AWARDS DIN… Travel & Training 101-1001-60320 110.00 BMO FINANCIAL GROUP 213116 CITY COUNCIL MEETING DINNER Travel & Training 101-1001-60320 154.73 BMO FINANCIAL GROUP 213116 CITY COUNCIL WORKING LUNCH Travel & Training 101-1001-60320 44.07 BMO FINANCIAL GROUP 213116 1/8/24 - LEAGUE DIVISION MEETING D.… Travel & Training 101-1001-60320 45.00 BMO FINANCIAL GROUP 213116 COUNCIL MEETING SNACKS Travel & Training 101-1001-60320 2.29 BMO FINANCIAL GROUP 213116 02/8/24 - DVBA LUNCH S.SANCHEZ Travel & Training 101-1001-60320 49.70 BMO FINANCIAL GROUP 213116 IIMC MEMBERSHIP RENEWAL M.RADEVA Membership Dues 101-1005-60351 225.00 ACTION PARK ALLIANCE, INC. 213105 01/01-03/31/24 - X PARK OPERATIONS … X Park Programming 101-3003-60190 101,019.50 VINTAGE ASSOCIATES 213173 PLANTS Materials/Supplies 101-3005-60431 1,309.16 JOHNSTONE SUPPLY 213146 CH HVAC FILTERS HVAC 101-3008-60667 623.23 Fund 101 - GENERAL FUND Total: 244,405.62
Fund: 201 - GAS TAX FUND
PACIFIC PRODUCTS AND SER… 213156 STREET SIGNS Traffic Control Signs 201-7003-60429 1,018.41 PACIFIC PRODUCTS AND SER… 213156 FILL IT FOAM FOR STREET SIGNS Traffic Control Signs 201-7003-60429 1,849.80 Fund 201 - GAS TAX FUND Total: 2,868.21
Fund: 202 - LIBRARY & MUSEUM FUND
ALARM MONITORING SERVI… 213106 LIBRARY ALARM REPAIRS Security & Alarm 202-3004-60123 154.00 MERCHANTS BUILDING MAI… 213151 01/2024 - JANITORIAL SERVICES Janitorial 202-3004-60115 3,264.32 MERCHANTS BUILDING MAI… 213151 01/2024 - JANITORIAL SERVICES Janitorial 202-3006-60115 989.54 91 Demand Register Packet: APPKT03723 - 02/16/2024 JB
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount LOWE'S HOME IMPROVEME… 213149 HEAT SHRINK TUBING & ZIP TIES Maintenance/Services 202-3004-60691 48.07 LOWE'S HOME IMPROVEME… 213149 STUCCO PATCH Maintenance/Services 202-3004-60691 34.07 LOWE'S HOME IMPROVEME… 213149 HEAT GUN Maintenance/Services 202-3004-60691 180.78 FRONTIER COMMUNICATIO… 213135 01/13-02/12/24 - MUSEUM PHONE Telephone - Utilities 202-3006-61300 145.43 Fund 202 - LIBRARY & MUSEUM FUND Total: 4,816.21
Fund: 215 - LIGHTING & LANDSCAPING FUND
ROTO-LITE, INC 213163 PALM TREE LIGHT CHANGING COLOR SE… Maintenance/Services 215-7004-60691 300.00 MACIAS NURSERY, INC. 213150 PLANTS Materials/Supplies 215-7004-60431 3,057.23 LOWE'S HOME IMPROVEME… 213149 GRAFFITI REMOVAL SUPPLIES Supplies-Graffiti and Vandali… 215-7004-60423 14.94 LOWE'S HOME IMPROVEME… 213149 HAND TRUCK WHEEL & DRILL BITS Materials/Supplies 215-7004-60431 84.14 LOWE'S HOME IMPROVEME… 213149 EXTERIOR ANCHOR BOLT Materials/Supplies 215-7004-60431 6.96 LOWE'S HOME IMPROVEME… 213149 LIGHTING TIMER & SPRAY PAINT Materials/Supplies 215-7004-60431 94.68 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 3,557.95
Fund: 221 - AB 939 - CALRECYCLE FUND
ANOVA FURNISHINGS, INC 213112 AIRI 45 GAL DUAL RECYCLER W/SIDE D… AB 939 Recycling Solutions 221-0000-60127 8,120.00 ANOVA FURNISHINGS, INC 213112 AIRI 45 GAL DUAL RECYCLER TAX AB 939 Recycling Solutions 221-0000-60127 825.85 ANOVA FURNISHINGS, INC 213112 AIRI 45 GAL SHIPPING AND HANDLING AB 939 Recycling Solutions 221-0000-60127 1,318.26 ALPHA MEDIA LLC 213107 01/2024 - RECYCLING RADIO ADS MIX 1… AB 939 Recycling Solutions 221-0000-60127 3,500.00 ALPHA MEDIA LLC 213107 01/2024 - DIGITAL RECYCLING ADS AB 939 Recycling Solutions 221-0000-60127 3,000.00 BMO FINANCIAL GROUP 213116 AMERICA'S RECYCLE DAY CONTEST WIN… AB 939 Recycling Solutions 221-0000-60127 181.43 BMO FINANCIAL GROUP 213116 PET WASTE BAGS AB 939 Recycling Solutions 221-0000-60127 88.56 BMO FINANCIAL GROUP 213116 FOOD CYCLERS AB 939 Recycling Solutions 221-0000-60127 1,304.90 BMO FINANCIAL GROUP 213116 RECYCLE DAY CONTEST WINNER LUNCH… AB 939 Recycling Solutions 221-0000-60127 167.52 Fund 221 - AB 939 - CALRECYCLE FUND Total: 18,506.52
Fund: 247 - ECONOMIC DEVELOPMENT FUND
BMO FINANCIAL GROUP 213116 ONLINE SCHOOL TUITION FOR G.VILLAL… Travel & Training 247-0000-60320 1,600.00 Fund 247 - ECONOMIC DEVELOPMENT FUND Total: 1,600.00
Fund: 270 - ART IN PUBLIC PLACES FUND
POWERS AWARDS INC 213161 APP SIGNAGE Operating Supplies 270-0000-60482 281.50 BMO FINANCIAL GROUP 213116 APP FRAMES APP Maintenance 270-0000-60683 56.53 Fund 270 - ART IN PUBLIC PLACES FUND Total: 338.03
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
DUDEK & ASSOCIATES INC 213128 10/28-11/24/23 CIVIC CENTER LAKE IRR… Design 401-0000-60185 2,149.46 DUDEK & ASSOCIATES INC 213128 11/25-12/29/23 CIVIC CENTER LAKE IRR… Design 401-0000-60185 548.75 AMERICAN ASPHALT SOUTH … 213108 PMP SLURRY SEAL RETENTION PAYMENT Retention Payable 401-0000-20600 54,396.24 COACHELLA VALLEY WATER D… 213127 DRINKING FOUNTAIN CONNECTION Construction 401-0000-60188 10,479.00 ORTIZ ENTERPRISES INC. 213155 01/2024 - DUNE PALMS BRIDGE PROGR… Retention Payable 401-0000-20600 -33,857.16 ORTIZ ENTERPRISES INC. 213155 01/2024 - DUNE PALMS BRIDGE PROGR… Construction 401-0000-60188 677,143.30 AMERICAN BUSINESS BANK 213109 01/2024 DUNE PALMS BRIDGE RETENTI… Retention Payable 401-0000-20600 33,857.16 HERMANN DESIGN GROUP I… 213139 12/2023 CACTUS FLOWER LANDSCAPE … Design 401-0000-60185 695.00 BENGAL ENGINEERING INC 213114 09/2023 10/2023 DUNE PALMS LOW W… Design 401-0000-60185 7,265.76 BENGAL ENGINEERING INC 213114 11/2023 -DUNE PALMS LOW WATER CR… Design 401-0000-60185 2,020.54 BENGAL ENGINEERING INC 213114 12/2023 -DUNE PALMS LOW WATER CR… Design 401-0000-60185 2,045.12 LA PRENSA HISPANA 213147 2/7-2/14/23 CITY WIDE MISC ADA IMPR… Construction 401-0000-60188 2,970.00 PLANIT REPROGRAPHICS SYS… 213159 CITYWIDE MISC ADA IMPROVEMENTS B… Construction 401-0000-60188 17.40 LOWE'S HOME IMPROVEME… 213149 STEP LADDER Construction 401-0000-60188 77.46 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 759,808.03 Fund: 501 - FACILITY & FLEET REPLACEMENT
HILARIO, BENJAMIN 213141 VEHICLE WASHES Vehicle Repair & Maintenan… 501-0000-60676 410.00 MOWERS PLUS INC 213152 TRASH PUMP REPAIR Vehicle Repair & Maintenan… 501-0000-60676 228.86 AUTOZONE 213113 HYDRAULIC FLUID & TRAILER RECEIVER … Parts, Accessories, and Upfits 501-0000-60675 85.44 AUTOZONE 213113 WINDSHIELD FLUID Parts, Accessories, and Upfits 501-0000-60675 4.40 AUTOZONE 213113 DIESEL EXHAUST FLUID Parts, Accessories, and Upfits 501-0000-60675 92.79 BMO FINANCIAL GROUP 213116 FLEET FUEL Fuel & Oil 501-0000-60674 77.75 BMO FINANCIAL GROUP 213116 FLEET FUEL Fuel & Oil 501-0000-60674 968.66 BMO FINANCIAL GROUP 213116 FLEET FUEL Fuel & Oil 501-0000-60674 632.62 BMO FINANCIAL GROUP 213116 FLEET FUEL Fuel & Oil 501-0000-60674 79.00 BMO FINANCIAL GROUP 213116 FLEET FUEL Fuel & Oil 501-0000-60674 133.00 92 Demand Register Packet: APPKT03723 - 02/16/2024 JB
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount BMO FINANCIAL GROUP 213116 FORD 750 DUMP TRUCK REPAIRS VIN F0… Vehicle Repair & Maintenan… 501-0000-60676 541.67 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 3,254.19 Fund: 502 - INFORMATION TECHNOLOGY
CHARTER COMMUNICATIONS… 213124 02/2024 - CH CABLE (4625) Cable/Internet - Utilities 502-0000-61400 176.44 CHARTER COMMUNICATIONS… 213124 01/20-02/19/24 - WC CABLE (1909) Cable/Internet - Utilities 502-0000-61400 11.59 CHARTER COMMUNICATIONS… 213124 01/24-02/23/24 - WC CABLE (4601) Cable/Internet - Utilities 502-0000-61400 280.75 RINCON CONSULTANTS, INC. 213162 01/2024 - GEOGRAPHIC INFORMATION … Software Licenses 502-0000-60301 7,333.75 VERIZON WIRELESS 213171 01/02-02/01/24 - CITY CELL SVC (5496) Cell/Mobile Phones 502-0000-61301 3,485.32 FRONTIER COMMUNICATIO… 213135 01/25-02/24/24 - CH INTERNET Cable/Internet - Utilities 502-0000-61400 85.98 FRONTIER COMMUNICATIO… 213135 01/27-02/026/24 - BLACKHAWK/LQ PA… Cable/Internet - Utilities 502-0000-61400 80.98 BMO FINANCIAL GROUP 213116 PHONE CASES (3) Operating Supplies 502-0000-60420 156.57 BMO FINANCIAL GROUP 213116 01/2024 - EMAIL PROTECTION SOFTWA… Software Licenses 502-0000-60301 449.00 BMO FINANCIAL GROUP 213116 SRR.ORG DOMAIN RENEWAL Software Licenses 502-0000-60301 15.99 BMO FINANCIAL GROUP 213116 02/2024 - HULU SUBSCRIPTION Cable/Internet - Utilities 502-0000-61400 81.99 Fund 502 - INFORMATION TECHNOLOGY Total: 12,158.36
Fund: 503 - PARK EQUIP & FACILITY FUND
GREAT WESTERN RECREATI… 213138 PARK REPLACEMENT PARTS Parks 503-0000-71060 2,604.00 Fund 503 - PARK EQUIP & FACILITY FUND Total: 2,604.00
Fund: 504 - INSURANCE FUND
BMO FINANCIAL GROUP 213116 COVID 19 TEST KITS Operating Supplies 504-1010-60420 529.81 Fund 504 - INSURANCE FUND Total: 529.81
Fund: 601 - SILVERROCK RESORT
LOWE'S HOME IMPROVEME… 213149 GRAB REACHING TOOL & COOLER FLOAT… Repair & Maintenance 601-0000-60660 53.44 Fund 601 - SILVERROCK RESORT Total: 53.44
Grand Total: 1,054,500.37
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 244,405.62
201 - GAS TAX FUND 2,868.21
202 - LIBRARY & MUSEUM FUND 4,816.21
215 - LIGHTING & LANDSCAPING FUND 3,557.95
221 - AB 939 - CALRECYCLE FUND 18,506.52
247 - ECONOMIC DEVELOPMENT FUND 1,600.00
270 - ART IN PUBLIC PLACES FUND 338.03
401 - CAPITAL IMPROVEMENT PROGRAMS 759,808.03
501 - FACILITY & FLEET REPLACEMENT 3,254.19
502 - INFORMATION TECHNOLOGY 12,158.36
503 - PARK EQUIP & FACILITY FUND 2,604.00
504 - INSURANCE FUND 529.81
601 - SILVERROCK RESORT 53.44
Grand Total: 1,054,500.37
Account Summary
Account Number Account Name Expense Amount
101-0000-20304 Sales Taxes Payable -31.16
101-0000-20310 MSHCP Mitigation Fee 3,250.00
101-0000-20981 United Way Deductions 37.00
101-0000-20985 Garnishments Payable 223.79
101-0000-43631 CVMSHCP Admin Fee -32.50
101-1001-60320 Travel & Training 976.10
101-1002-60351 Membership Dues 200.00
101-1002-60400 Office Supplies 45.77
101-1004-50252 Annual Wellness Dollar … 400.00
101-1004-60129 Recruiting/Pre-Employm… 773.24
101-1004-60320 Travel & Training 993.11
101-1004-60340 Employee Recognition E… 1,146.17
101-1004-60400 Office Supplies 32.28
101-1004-60420 Operating Supplies 156.55
101-1005-60103 Professional Services 3,820.00
101-1005-60351 Membership Dues 225.00
101-1005-60400 Office Supplies 116.90
101-1005-60420 Operating Supplies 375.52
101-1006-60103 Professional Services 767.00
101-1006-60320 Travel & Training -150.00
101-1006-60351 Membership Dues 135.00
101-1007-60403 Citywide Supplies 136.88
101-1007-60470 Postage 43.59
101-2001-60109 LQ Police Volunteers 1,134.28
101-2001-60174 Blood/Alcohol Testing 3,850.86
101-2001-60193 Sexual Assault Exam Fees 1,200.00
101-2001-60692 Public Safety Camera Sys… 500.00
101-2001-61300 Telephone - Utilities 889.55
101-2001-61400 Cable/Internet - Utilities 536.20
101-2002-60525 Golf Tournament 57,838.00
101-2002-61304 Mobile/Cell Phones/Sate… 1,278.05
101-2002-61400 Cable/Internet - Utilities 348.26
101-3001-60510 Grants & Economic Deve… 10,000.00
101-3002-60107 Instructors 4,171.65
101-3002-60420 Operating Supplies 1,913.94
101-3003-60149 Community Experiences 6,462.81
101-3003-60190 X Park Programming 101,019.50
101-3003-60420 Operating Supplies 271.88
101-3005-60117 Civic Center Lake Maint… 2,522.25
101-3005-60431 Materials/Supplies 2,241.07
101-3005-60432 Tools/Equipment 146.95
101-3005-60690 Uniforms 170.20
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Account Summary
Account Number Account Name Expense Amount
101-3005-61300 Telephone - Utilities 39.20
101-3007-60137 Community Engagement 3,669.26
101-3007-60320 Travel & Training 645.00
101-3007-60351 Membership Dues 2,649.95
101-3007-60420 Operating Supplies 103.25
101-3007-60461 Marketing & Tourism Pr… 225.00
101-3008-60115 Janitorial 15,947.62
101-3008-60123 Security & Alarm 170.32
101-3008-60431 Materials/Supplies 612.41
101-3008-60432 Tools/Equipment 867.93
101-3008-60667 HVAC 3,666.23
101-3008-60691 Maintenance/Services 975.00
101-6001-60352 Subscriptions & Publicat… 1.79
101-6001-60400 Office Supplies 17.07
101-6001-60420 Operating Supplies 15.99
101-6002-60320 Travel & Training 675.00
101-6004-60103 Professional Services 1,246.00
101-7001-60320 Travel & Training 566.34
101-7002-60183 Map/Plan Checking 549.00
101-7002-60420 Operating Supplies 9.62
101-7003-60320 Travel & Training 49.87
101-7003-60432 Tools/Equipment 125.38
101-7006-60352 Subscriptions & Publicat… 665.00
101-7006-60427 Safety Gear 154.12
101-7006-60480 Contributions to Other A… 623.58
201-7003-60429 Traffic Control Signs 2,868.21
202-3004-60115 Janitorial 3,264.32
202-3004-60123 Security & Alarm 154.00
202-3004-60691 Maintenance/Services 262.92
202-3006-60115 Janitorial 989.54
202-3006-61300 Telephone - Utilities 145.43
215-7004-60423 Supplies-Graffiti and Va… 14.94
215-7004-60431 Materials/Supplies 3,243.01
215-7004-60691 Maintenance/Services 300.00
221-0000-60127 AB 939 Recycling Solutio… 18,506.52
247-0000-60320 Travel & Training 1,600.00
270-0000-60482 Operating Supplies 281.50
270-0000-60683 APP Maintenance 56.53
401-0000-20600 Retention Payable 54,396.24
401-0000-60185 Design 14,724.63
401-0000-60188 Construction 690,687.16
501-0000-60674 Fuel & Oil 1,891.03
501-0000-60675 Parts, Accessories, and … 182.63
501-0000-60676 Vehicle Repair & Maint… 1,180.53
502-0000-60301 Software Licenses 7,798.74
502-0000-60420 Operating Supplies 156.57
502-0000-61301 Cell/Mobile Phones 3,485.32
502-0000-61400 Cable/Internet - Utilities 717.73
503-0000-71060 Parks 2,604.00
504-1010-60420 Operating Supplies 529.81
601-0000-60660 Repair & Maintenance 53.44
Grand Total: 1,054,500.37
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 224,761.42
111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-5433(014) 677,143.30 111205D Design Expense Dune Palms Bridge Imp/BRLKS-5433(014) 11,331.42 95 Demand Register Packet: APPKT03723 - 02/16/2024 JB
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Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-5433(014) 0.00 201603CT Construction Expense La Quinta Landscape Renovation Improvement 10,479.00 201603D Design Expense La Quinta Landscape Renovation Improvement695.00 201606D Design Expense Civic Center Campus Lake/Irrigation Conv Improvmnt 2,698.21 202008CB Contribution Expense Avenue 48 Art and Music Line Project 623.58 202108RP Retention Payable FY 21/22 PMP Slurry Seal Improvements 54,396.24 202307CT Construction Expense Citywide Miscellaneous ADA Improvements 2,987.40 2324TMICT Construction Expense FY23/24 Traffic Maintenance Improvements 77.46 AMEXE American Express Misc Expenses American Express Golf Tournament 201.34 AMEXFIRE Amex Gold Expense - Fire American Express Golf Tournament 57,838.00 EGGE La Quinta Egg Hunt Expense La Quinta Egg Hunt 5,238.62 ROCKETE Mission La Quinta Rocket Launch E… Mission La Quinta Rocket Launch 963.38 STVRE Short Term Vacation Rental Expen… Short Term Vacation Rental Tracking 5,066.00 Grand Total: 1,054,500.37
*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: APPKT03729 - 02/23/2024 JB
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
THE KIDS BUSINESS 213224 FOOD FOR EMPLOYEE RECOGNITION EV… Employee Recognition Events 101-1004-60340 3,887.81 FRANCHISE TAX BOARD 213193 GARNISHMENT Garnishments Payable 101-0000-20985 223.79 UNITED WAY OF THE DESERT 213228 CONTRIBUTION United Way Deductions 101-0000-20981 37.00 FRANCHISE TAX BOARD 213193 GARNISHMENT Garnishments Payable 101-0000-20985 223.79 UNITED WAY OF THE DESERT 213228 CONTRIBUTION United Way Deductions 101-0000-20981 32.00 TOTAL CARE WORK INJURY C… 213226 10/2023 - PRE EMPLOYMENT PHYSICALS Recruiting/Pre-Employment 101-1004-60129 180.00 TOTAL CARE WORK INJURY C… 213226 01/2024 - PRE EMPLOYMENT PHYSICALS Recruiting/Pre-Employment 101-1004-60129 90.00 PALMS TO PINES PRINTING 213212 CAR SHOW TOTE BAGS Promotional Items 101-3007-60134 713.59 PALMS TO PINES PRINTING 213212 FOLDING CHAIRS FOR ACTIVATION Promotional Items 101-3007-60134 297.04 PALMS TO PINES PRINTING 213212 CITY LANYARDS Promotional Items 101-3007-60134 508.26 SOUTHWEST AQUATICS INC 213219 02/2024 - LAKE MAINTENANCE SERVICES Civic Center Lake Maintenan… 101-3005-60117 1,350.00 SOUTHWEST AQUATICS INC 213219 02/2024 - LAKE MAINTENANCE SERVICES SilverRock Lake Maintenance 101-3005-60189 1,350.00 TRI-STATE MATERIALS INC 213227 LANDSCAPE RUBBLE ROCK Materials/Supplies 101-3005-60431 490.94 TRI-STATE MATERIALS INC 213227 LANDSCAPE RUBBLE ROCK Maintenance/Services 101-3005-60691 490.94 TRI-STATE MATERIALS INC 213227 LANDSCAPE RUBBLE ROCK Materials/Supplies 101-3005-60431 245.47 ALTEC 213177 2023 1099 TAX FORMS (200) Printing 101-1006-60410 136.53 SPARKLETTS 213221 1/24/24 & 2/7/24 - DRINKING WATER Operating Supplies 101-7003-60420 179.74 SPARKLETTS 213220 1/24/24 & 2/7/24 - CITYWIDE DRINKING… Citywide Supplies 101-1007-60403 189.35 POWERS AWARDS INC 213214 EMPLOYEE RECOGNITION PLAQUES Employee Recognition Events 101-1004-60340 110.98 DATA TICKET, INC. 213187 01/2024 - CODE CITATION PROCESSING Administrative Citation Servi… 101-6004-60111 200.00 JOE A GONSALVES & SON 213204 03/2024 - LOBBYIST SERVICES Contract Services - Administr… 101-1002-60101 3,500.00 DATA TICKET, INC. 213187 01/2024 - POLICE CITATION PROCESSING Administrative Citation Servi… 101-6004-60111 245.87 HR GREEN PACIFIC INC 213200 10/2023 - ONCALL PLAN CHECK SVCS E… Map/Plan Checking 101-7002-60183 4,836.00 NAI CONSULTING INC 213208 01/2024 CAPITAL IMPROVEMENT PLAN Consultants 101-7006-60104 350.00 VINTAGE ASSOCIATES 213230 02/2024 - PARKS LANDSCAPE MAINTEN… Landscape Contract 101-3005-60112 67,311.00 ANSAFONE CONTACT CENTE… 213178 02/2024 - PM 10 ANSWERING SERVICE PM 10 - Dust Control 101-7006-60146 165.52 XPRESS GRAPHICS 213233 LQ FALSE ALARM POSTCARDS (1000) LQ Police Volunteers 101-2001-60109 237.24 BANK OF NEW YORK MELLON 213179 09/01-11/30/23 - BANK FEES Administration 101-1006-60102 2,805.47 CHAMPIONTIP BBQ 213182 FOOD FOR EMPLOYEE RECOGNITION EV… Employee Recognition Events 101-1004-60340 693.74 ODP BUSINESS SOLUTIONS, L… 213210 COFFEE Office Supplies 101-6004-60400 94.44 STAPLES ADVANTAGE 213223 RETURN WALL CALENDAR Office Supplies 101-7001-60400 -17.72 STAPLES ADVANTAGE 213223 HIGHLIGHTERS & PENS Office Supplies 101-7001-60400 31.30 STAPLES ADVANTAGE 213223 OFFICE SUPPLIES Office Supplies 101-3005-60400 67.61 STAPLES ADVANTAGE 213223 INK CARTRIDGES Office Supplies 101-3001-60400 392.07 WHITE CAP CONSTRUCTION … 213232 TOOLS Tools/Equipment 101-3008-60432 1,007.93 DEPARTMENT OF JUSTICE 213188 01/2024 - PRE EMPLOYMENT FINGERPR… Recruiting/Pre-Employment 101-1004-60129 96.00 DEPARTMENT OF JUSTICE 213188 01/2024 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 70.00 DEPARTMENT OF JUSTICE 213188 11/2023 - BLOOD ALCOHOL ANALYSIS Blood/Alcohol Testing 101-2001-60174 35.00 MERCHANTS BUILDING MAI… 213206 01/20/24 - FB PARK RESTROOM CLEANI… Janitorial 101-3008-60115 47.76 FEDEX 213190 02/06/24 - OVERNIGHT MAIL Postage 101-1007-60470 99.39 FEDEX 213189 02/08/24 - OVERNIGHT MAIL Postage 101-1007-60470 30.59 GRAINGER 213196 SPOTLIGHT & ENTRANCE MAT Operating Supplies 101-7003-60420 419.92 PATTON DOOR & GATE 213213 FS #70 GATE SERVICE CALL Maintenance/Services 101-2002-60691 150.00 PWLC II, INC 213215 02/2024 - L&L MONTHLY MAINTENANCE Landscape Contract 101-2002-60112 1,616.00 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water - Utilities 101-2002-61200 115.64 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water -Fritz Burns Park - Utili… 101-3005-61204 244.35 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water -Seasons Park - Utilities 101-3005-61208 59.43 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water - Utilities 101-3008-61200 25.41 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water - Utilities 101-2002-61200 523.66 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water -Monticello Park - Utili… 101-3005-61201 502.14 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water -Community Park - Util… 101-3005-61209 271.49 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water - Utilities 101-3008-61200 138.52 SEIDEN-JUKU 213217 FY 23/24 COMMUNITY SERVICE GRANT Grants & Economic Develop… 101-3001-60510 500.00 97 Demand Register Packet: APPKT03729 - 02/23/2024 JB
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount GRAHAM, MARCIE 213195 2/16-2/18/24 - SAN DIEGO ACTIVATION … Travel & Training 101-3007-60320 995.61 FRONTIER COMMUNICATIO… 213194 02/2024 - LQ PARK PHONE Telephone - Utilities 101-3005-61300 48.80 CONVERGINT TECHNOLOGIES… 213184 TROUBLESHOOT CITY CAMERAS Public Safety Camera System… 101-2001-60692 2,960.00 QUADIENT FINANCE USA, INC. 213216 1/30/24 - CITYWIDE POSTAGE MACHINE… Postage 101-1007-60470 4,500.00 COUNTY OF RIVERSIDE PUBL… 213185 01/2024 - RADIO MAINTENANCE Operating Supplies 101-2001-60420 273.66 MILAN CAPITAL MANAGEME… 213207 REFUND APPLICATION FEE SP2023- Specific Plan 101-0000-42451 2,597.00 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water -Desert Pride - Utilities 101-3005-61206 241.17 COACHELLA VALLEY WATER D… 213183 WATER SERVICE PM 10 - Dust Control 101-7006-60146 84.78 FLEMING, KATE ROTHRA 213192 REFUND FOR LIC-07716484-2024 Business Licenses 101-0000-41600 15.00 FLEMING, KATE ROTHRA 213192 REFUND FOR LIC-07716484-2024 Credit Card Fee Revenue 101-0000-43505 0.48 iELEMENTS 213201 OVERPAYMENT CONSTRUCTION FEE RE… Building Permits 101-0000-42400 2,218.50 iELEMENTS 213201 OVERPAYMENT CONSTRUCTION FEE RE… Building Plan Check Fees 101-0000-42600 1,281.80 VONS #2175 213231 REFUND CREDIT CARD FEE LIC-0000289 Credit Card Fee Revenue 101-0000-43505 38.92 Fund 101 - GENERAL FUND Total: 112,858.72
Fund: 201 - GAS TAX FUND
TRI-STATE MATERIALS INC 213227 FILL SAND Materials/Supplies 201-7003-60431 445.96 TOPS' N BARRICADES INC 213225 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 1,244.10 TOPS' N BARRICADES INC 213225 RAIN COATS Safety Gear 201-7003-60427 221.31 TOPS' N BARRICADES INC 213225 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 8.22 TOPS' N BARRICADES INC 213225 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 604.65 TOPS' N BARRICADES INC 213225 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 317.12 TOPS' N BARRICADES INC 213225 TRAFFIC CONTROL SIGNS Traffic Control Signs 201-7003-60429 211.41 JERNIGAN SPORTING GOODS,… 213203 FY 23/24 SAFETY BOOTS J.REYES-ZUNIGA Safety Gear 201-7003-60427 200.00 GREEN PRO SOLUTIONS 213197 DEGREASER TAR AND ASPHALT REMOV… Asphalt 201-7003-60430 1,179.30 MARTIN MARIETTA 213205 COLD MIX ASPHALT Asphalt 201-7003-60430 235.98 MARTIN MARIETTA 213205 ASPHALT EMULSION Asphalt 201-7003-60430 64.65 Fund 201 - GAS TAX FUND Total: 4,732.70
Fund: 202 - LIBRARY & MUSEUM FUND
VINTAGE ASSOCIATES 213230 02/2024 - PARKS LANDSCAPE MAINTEN… Landscape Contract 202-3004-60112 930.00 VINTAGE ASSOCIATES 213230 02/2024 - PARKS LANDSCAPE MAINTEN… Landscape Contract 202-3006-60112 194.00 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water - Utilities 202-3006-61200 286.17 FRONTIER COMMUNICATIO… 213194 02/13-03/12/24 - MUSEUM PHONE Telephone - Utilities 202-3006-61300 140.39 Fund 202 - LIBRARY & MUSEUM FUND Total: 1,550.56
Fund: 215 - LIGHTING & LANDSCAPING FUND
VINTAGE ASSOCIATES 213230 02/2024 - PARKS LANDSCAPE MAINTEN… Landscape Contract 215-7004-60112 12,124.00 STAPLES ADVANTAGE 213223 COFFEE SUPPLIES Operating Supplies 215-7004-60420 35.18 CREATIVE LIGHTING & ELECT… 213186 02/2024 - LIGHTING MAINTENANCE SER… Consultants 215-7004-60104 6,488.42 SMITH PIPE & SUPPLY CO 213218 QUICK TIES (78) Materials/Supplies 215-7004-60431 106.03 SMITH PIPE & SUPPLY CO 213218 IRRIGATION PARTS & MARKING PAINT Materials/Supplies 215-7004-60431 62.79 SMITH PIPE & SUPPLY CO 213218 VALVE BOXES & DRAIN PIPES Materials/Supplies 215-7004-60431 124.43 PWLC II, INC 213215 PALM TREE REMOVALS Tree Maintenance/Palm Trees 215-7004-60673 2,700.00 PWLC II, INC 213215 02/2024 - L&L MONTHLY MAINTENANCE Landscape Contract 215-7004-60112 62,674.00 PWLC II, INC 213215 01/29-02/02/24 - AVE 52 MEDIAN PLAN… Maintenance/Services 215-7004-60691 5,120.00 FRONTIER COMMUNICATIO… 213194 02/07-03/06/24 - PHONE SERVICE Electric - Utilities 215-7004-61116 137.60 IMPERIAL IRRIGATION DIST 213202 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 158.79 IMPERIAL IRRIGATION DIST 213202 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 516.86 IMPERIAL IRRIGATION DIST 213202 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 24.68 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water - Medians - Utilities 215-7004-61211 3,336.07 COACHELLA VALLEY WATER D… 213183 WATER SERVICE Water - Medians - Utilities 215-7004-61211 1,118.42 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 94,727.27 Fund: 230 - CASp FUND, AB 1379
FLEMING, KATE ROTHRA 213192 REFUND FOR LIC-07716484-2024 SB 1186 Revenue 230-0000-42130 4.00 Fund 230 - CASp FUND, AB 1379 Total: 4.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
ST. FRANCIS ELECTRIC, LLC 213222 01/2024 ON-CALL TRAFFIC SIGNAL REPA… Construction 401-0000-60188 1,344.80 ST. FRANCIS ELECTRIC, LLC 213222 01/2024 - ON-CALL TRAFFIC SIGNAL MA… Construction 401-0000-60188 1,937.75 NAI CONSULTING INC 213208 01/2024 CORPORATE YARD Professional Services 401-0000-60103 175.00 NAI CONSULTING INC 213208 01/2024 COVE TRAILS PARKING LOT IM… Professional Services 401-0000-60103 525.00 NAI CONSULTING INC 213208 01/2024 HIGHWAY 111 CORRIDOR Professional Services 401-0000-60103 2,337.50 98 Demand Register Packet: APPKT03729 - 02/23/2024 JB
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount NAI CONSULTING INC 213208 01/2024 PAVEMENT MANAGEMENT PL… Professional Services 401-0000-60103 2,525.00 NAI CONSULTING INC 213208 01/2024 FRITZ BURN PARK IMPROVEM… Professional Services 401-0000-60103 675.00 NAI CONSULTING INC 213208 01/2024 WASHINGTON ST SIDEWALK I… Professional Services 401-0000-60103 350.00 NAI CONSULTING INC 213208 01/2024 CITYWIDE MISCELLANEOUS AD… Professional Services 401-0000-60103 9,302.50 NAI CONSULTING INC 213208 01/2024 AVE 50 WIDENING IMPROVEM… Professional Services 401-0000-60103 387.50 NAI CONSULTING INC 213208 01/2024 AVE 48 ART AND MUSIC LINE Professional Services 401-0000-60103 350.00 NAI CONSULTING INC 213208 01/2024 DUNE PALMS BRIDGE Professional Services 401-0000-60103 3,687.50 NAI CONSULTING INC 213208 01/2024 AVE 50 BRIDGE Professional Services 401-0000-60103 1,695.00 NAI CONSULTING INC 213208 01/2024 LA QUINTA X PARK Professional Services 401-0000-60103 175.00 NAI CONSULTING INC 213208 01/2024 DRA CITYWIDE DRAINAGE ENH… Professional Services 401-0000-60103 2,975.00 NAI CONSULTING INC 213208 01/2024 CIVIC CENTER CAMPUS LAKE I… Professional Services 401-0000-60103 150.00 NAI CONSULTING INC 213208 01/2024 DUNE PALMS ROAD PAVEMENT… Professional Services 401-0000-60103 2,520.00 NAI CONSULTING INC 213208 01/2024 WASHINGTON ST CONNECTOR… Professional Services 401-0000-60103 350.00 NAI CONSULTING INC 213208 01/2024 LQ LANDSCAPE IMPROVEMENTS Professional Services 401-0000-60103 1,350.00 NAI CONSULTING INC 213208 01/2024 VILLAGE ART/CULTURAL PLAZA Professional Services 401-0000-60103 3,650.00 NAI CONSULTING INC 213208 01/2024 PAVEMENT MANAGEMENT PL… Professional Services 401-0000-60103 5,495.00 NAI CONSULTING INC 213208 01/2024 AVE 52 MONROE STREET (NEW… Construction 401-0000-60188 937.50 HERMANN DESIGN GROUP I… 213199 01/2024 CACTUS FLOWER LANDSCAPE … Design 401-0000-60185 525.00 HAMMEL, GREEN, AND ABR… 213198 01/2024 - CULTURAL CAMPUS DESIGN Design 401-0000-60185 44,000.00 BENGAL ENGINEERING INC 213181 01/2024 - DUNE PALMS LOW WATER C… Design 401-0000-60185 2,380.97 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 89,801.02 Fund: 501 - FACILITY & FLEET REPLACEMENT
FIESTA FORD LINCOLN MERC… 213191 DUMP TRUCK MAINTENANCE Vehicle Repair & Maintenan… 501-0000-60676 92.90 NIXON EGLI EQUIPMENT CO, … 213209 PURCHASE OF 2023 FELLING TRAILER FT… Machinery & Equipment 501-0000-80100 21,040.40 PACIFIC MOBILE STRUCTURES… 213211 03/2024 - PW TRAILER RENTAL Building Leases 501-0000-71032 3,088.51 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 24,221.81 Fund: 502 - INFORMATION TECHNOLOGY
ACORN TECHNOLOGY SERVI… 213176 07/01/24-12/5/24 - TENABLE.IO VDR SUB Prepaid Expense 502-0000-13600 17,500.00 ACORN TECHNOLOGY SERVI… 213176 12/6/23-06/30/24 - TENABLE.IO VDR SUB Software Licenses 502-0000-60301 17,500.00 VERIZON WIRELESS 213229 01/02-02/01/24 - BACKUP SERVER (2183) Cable/Internet - Utilities 502-0000-61400 66.17 VERIZON WIRELESS 213229 01/02-02/01/24 - CITY IPADS (5587) Cell/Mobile Phones 502-0000-61301 1,273.96 FRONTIER COMMUNICATIO… 213194 02/03-03/02/24 - 2ND CITY INTERNET LI… Cable/Internet - Utilities 502-0000-61400 2,580.00 FRONTIER COMMUNICATIO… 213194 02/04-03/03/24 - DSL SVC Cable/Internet - Utilities 502-0000-61400 424.65 Fund 502 - INFORMATION TECHNOLOGY Total: 39,344.78
Fund: 503 - PARK EQUIP & FACILITY FUND
BELSON OUTDOORS LLC 213180 PARK PARTS Parks 503-0000-71060 4,488.76 Fund 503 - PARK EQUIP & FACILITY FUND Total: 4,488.76
Grand Total: 371,729.62
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 112,858.72
201 - GAS TAX FUND 4,732.70
202 - LIBRARY & MUSEUM FUND 1,550.56
215 - LIGHTING & LANDSCAPING FUND 94,727.27
230 - CASp FUND, AB 1379 4.00
401 - CAPITAL IMPROVEMENT PROGRAMS 89,801.02
501 - FACILITY & FLEET REPLACEMENT 24,221.81
502 - INFORMATION TECHNOLOGY 39,344.78
503 - PARK EQUIP & FACILITY FUND 4,488.76
Grand Total: 371,729.62
Account Summary
Account Number Account Name Expense Amount
101-0000-20981 United Way Deductions 69.00
101-0000-20985 Garnishments Payable 447.58
101-0000-41600 Business Licenses 15.00
101-0000-42400 Building Permits 2,218.50
101-0000-42451 Specific Plan 2,597.00
101-0000-42600 Building Plan Check Fees 1,281.80
101-0000-43505 Credit Card Fee Revenue 39.40
101-1002-60101 Contract Services - Admi… 3,500.00
101-1004-60129 Recruiting/Pre-Employm… 366.00
101-1004-60340 Employee Recognition E… 4,692.53
101-1006-60102 Administration 2,805.47
101-1006-60410 Printing 136.53
101-1007-60403 Citywide Supplies 189.35
101-1007-60470 Postage 4,629.98
101-2001-60109 LQ Police Volunteers 237.24
101-2001-60174 Blood/Alcohol Testing 105.00
101-2001-60420 Operating Supplies 273.66
101-2001-60692 Public Safety Camera Sys… 2,960.00
101-2002-60112 Landscape Contract 1,616.00
101-2002-60691 Maintenance/Services 150.00
101-2002-61200 Water - Utilities 639.30
101-3001-60400 Office Supplies 392.07
101-3001-60510 Grants & Economic Deve… 500.00
101-3005-60112 Landscape Contract 67,311.00
101-3005-60117 Civic Center Lake Maint… 1,350.00
101-3005-60189 SilverRock Lake Mainten… 1,350.00
101-3005-60400 Office Supplies 67.61
101-3005-60431 Materials/Supplies 736.41
101-3005-60691 Maintenance/Services 490.94
101-3005-61201 Water -Monticello Park -… 502.14
101-3005-61204 Water -Fritz Burns Park -… 244.35
101-3005-61206 Water -Desert Pride - Util… 241.17
101-3005-61208 Water -Seasons Park - Ut… 59.43
101-3005-61209 Water -Community Park … 271.49
101-3005-61300 Telephone - Utilities 48.80
101-3007-60134 Promotional Items 1,518.89
101-3007-60320 Travel & Training 995.61
101-3008-60115 Janitorial 47.76
101-3008-60432 Tools/Equipment 1,007.93
101-3008-61200 Water - Utilities 163.93
101-6004-60111 Administrative Citation … 445.87
101-6004-60400 Office Supplies 94.44
101-7001-60400 Office Supplies 13.58
101-7002-60183 Map/Plan Checking 4,836.00
101-7003-60420 Operating Supplies 599.66
101-7006-60104 Consultants 350.00
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Account Summary
Account Number Account Name Expense Amount
101-7006-60146 PM 10 - Dust Control 250.30
201-7003-60427 Safety Gear 421.31
201-7003-60429 Traffic Control Signs 2,385.50
201-7003-60430 Asphalt 1,479.93
201-7003-60431 Materials/Supplies 445.96
202-3004-60112 Landscape Contract 930.00
202-3006-60112 Landscape Contract 194.00
202-3006-61200 Water - Utilities 286.17
202-3006-61300 Telephone - Utilities 140.39
215-7004-60104 Consultants 6,488.42
215-7004-60112 Landscape Contract 74,798.00
215-7004-60420 Operating Supplies 35.18
215-7004-60431 Materials/Supplies 293.25
215-7004-60673 Tree Maintenance/Palm … 2,700.00
215-7004-60691 Maintenance/Services 5,120.00
215-7004-61116 Electric - Utilities 813.25
215-7004-61117 Electric - Medians - Utilit… 24.68
215-7004-61211 Water - Medians - Utiliti… 4,454.49
230-0000-42130 SB 1186 Revenue 4.00
401-0000-60103 Professional Services 38,675.00
401-0000-60185 Design 46,905.97
401-0000-60188 Construction 4,220.05
501-0000-60676 Vehicle Repair & Maint… 92.90
501-0000-71032 Building Leases 3,088.51
501-0000-80100 Machinery & Equipment 21,040.40
502-0000-13600 Prepaid Expense 17,500.00
502-0000-60301 Software Licenses 17,500.00
502-0000-61301 Cell/Mobile Phones 1,273.96
502-0000-61400 Cable/Internet - Utilities 3,070.82
503-0000-71060 Parks 4,488.76
Grand Total: 371,729.62
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 276,515.35
111205D Design Expense Dune Palms Bridge Imp/BRLKS-5433(014) 2,380.97 111205P Professional Expense Dune Palms Bridge Imp/BRLKS-5433(014) 3,687.50 151609P Professional Expense La Quinta X Park 175.00
201603D Design Expense La Quinta Landscape Renovation Improvement525.00 201603P Professional Expense La Quinta Landscape Renovation Improvement1,350.00 201606P Professional Expense Civic Center Campus Lake/Irrigation Conv Improvmnt 150.00 201804E Landscape & Lighting Median Islan… Landscape & Lighting Median Island Improvements 5,413.25 201805P Professional Expense Corporate Yard Admin Offices & Crew Quarters175.00 201901D Design Expense Village Art Plaza Promenade & Cultural Campus 44,000.00 201901P Professional Expense Village Art Plaza Promenade & Cultural Campus 3,650.00 201902P Professional Expense Avenue 50 Bridge Spanning the Evacuation Channel 1,695.00 201905P Professional Expense Highway 111 Corridor Area Plan Implementation 2,337.50 202008P Professional Expense Avenue 48 Art and Music Line Project 350.00 202101P Professional Expense Dune Palms Rd Pavement Rehab-Fred Waring to Miles 2,520.00 202102P Professional Expense Fritz Burns Park Improvements 675.00 202205P Professional Expense Avenue 50 Widening Improvements (Jeff to Madison) 387.50 202230P Professional Expense Cove Trails Parking Lot Improvements 525.00 202302P Professional Expense Avenue 52 Monroe Street 937.50 202303P Professional Expense Washington St Sidewalk Imp (Ave 50 to CalleTamp) 350.00 202307P Professional Expense Citywide Miscellaneous ADA Improvements 9,302.50 202309P Professional Expense Washington Street Connector to Art and Music Line 350.00 202315P Professional Expense FY22/23 Pavement Management Plan 2,525.00 202316P Professional Expense FY23/24 Pavement Management Plan 5,495.00 101
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Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount 2324DRAP Professional Expense FY 23/24 Citywide Drainage Enhancements 2,975.00 2324TMICT Construction Expense FY23/24 Traffic Maintenance Improvements 3,282.55 Grand Total: 371,729.62
*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.
102
City of La Quinta
Bank Transactions 2/12/2024-2/23/2024
Wire Transaction
Listed below are the wire transfers from 2/12/2024-2/23/2024.

Wire Transfers:

02/16/2024 - WIRE TRANSFER - CALPERS $5,747.49
02/16/2024 - WIRE TRANSFER - CALPERS $16,020.29
02/16/2024 - WIRE TRANSFER - CALPERS $31,061.92
02/16/2024 - WIRE TRANSFER - LQCEA $486.00
02/16/2024 - WIRE TRANSFER - MISSIONSQUARE $1,100.00
02/16/2024 - WIRE TRANSFER - MISSIONSQUARE $4,075.00
02/16/2024 - WIRE TRANSFER - MISSIONSQUARE $11,578.19
02/16/2024 - WIRE TRANSFER - LANDMARK $191,745.40
02/16/2024 - WIRE TRANSFER - J&H ASSET PROPERTY MANAGEMENT $25,634.05 02/20/2024 - WIRE TRANSFER - STERLING $1,858.30
02/20/2024 - WIRE TRANSFER - STERLING $1,858.33
02/20/2024 - WIRE TRANSFER - MIDAMERICA $18,716.88
02/21/2024 - WIRE TRANSFER - MIDAMERICA $19,066.88
02/22/2024 - WIRE TRANSFER - STERLING $808.31
02/22/2024 - WIRE TRANSFER - U.S BANK TRUST $1,681,663.87 02/23/2024 - WIRE TRANSFER - COLONIAL LIFE $8,344.94
TOTAL WIRE TRANSFERS OUT $2,019,765.85
ATTACHMENT 2
103
104
City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION APPROVING SECOND AMENDED AND

RESTATED JOINT POWERS AGREEMENT WITH VISIT GREATER PALM SPRINGS

RECOMMENDATION
Adopt resolution approving Second Amended and Restated Joint Powers Agreement with Visit Greater Palm Springs; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 The Visit Greater Palm Springs (VGPS), formerly the Greater Palm Springs Convention and Visitors Bureau (CVB) is a joint powers authority operating under the Joint Exercise of Powers Act.
 The VGPS promotes and enhances the hospitality, convention, and tourism industry in the Coachella Valley to the benefit of its member agencies and organizations, and their residents.
 On February 29, 2024, the VGPS Executive Committee approved the proposed Second Amended and Restated Joint Powers Agreement (2nd Amendment), which requires Council approval.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
VGPS, formerly the CVB, was formed in 1989 to promote and enhance the hospitality, convention, and tourism industry in the Coachella Valley. Its operative legal document is the Joint Powers Agreement (JPA), executed in 1989 and subsequently amended on multiple occasions, including on or about June 18, 2002, and most recently on or about January 20, 2016.

Section 24 of the 2016 JPA provides that the JPA may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the VGPS members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable law. Section 24 has been renumbered to Section 27 in the proposed 2nd Amendment.

CONSENT CALENDAR ITEM NO. 10
UPDATED STAFF REPORT & JPA PUBLISHED ON 3/2/2024
EXHIBIT 1 TO RESOLUTION – JPA FINAL VERSION
ATTACHMENT 2 – JPA RED-LINED VERSION
105
On February 29, 2024, the VGPS Executive Committee adopted Resolution No. JPA 2024- 002 (Attachment 1), approving the proposed 2nd Amendment, included as Exhibit 1 to the enclosed resolution to:
 Amend Section 3 (Purpose) – to revise the purpose set forth in the JPA to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy.
 Amend Section 8 (Additional Member) – to include the City of Coachella as a VGPS Member.
 Amend Section 10 (JPA Executive Committee – Powers and Duties) – to expand the territorial boundaries of the JPA to include the City of Coachella.  Amend Section 11 (Territorial Boundaries) – to create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA.  Add Section 24 Voting – to note that each JPA Member shall have an equal vote; motions considered by the JPA Executive Committee shall require majority of votes cast (more than half) to pass a motion; and in the event of a tie vote, the motion before the JPA Executive Committee shall be deemed defeated.  Amend language throughout for necessary updates and consistency.

In accordance with the JPA, the proposed 2nd Amendment requires Council approval, as La Quinta is a member agency.

ALTERNATIVES
Council may elect not to adopt the proposed resolution approving the 2nd Amendment, or approve it with moditications.

Prepared by:

Approved by:

Monika Radeva, City Clerk
Jon McMillen, City Manager
Attachments: 1. VGPS Resolution No. JPA 2024-002

2. VGPS JPA – 2nd Amendment – redlined
106
RESOLUTION NO. 2024 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, APPROVING SECOND

AMENDED AND RESTATED JOINT POWERS

AGREEMENT WITH VISIT GREATER PALM SPRINGS,

FORMERLY GREATER PALM SPRINGS CONVENTION

AND VISITORS BUREAU
WHEREAS, Visit Greater Palm Springs (VGPS), formerly the Greater Palm Springs Convention and Visitors Bureau (CVB), is a Joint Powers Authority operating under the Joint Exercise of Powers Act (California Government Code Section 6500 et seq.), located in the County of Riverside, State of California; and WHEREAS, the VGPS was formed in 1989 and the operative legal document governing the VGPS as a joint powers authority is the Joint Powers Agreement (JPA), originally executed in 1989 and subsequently amended on multiple occasions, including on or about June 18, 2002, and most recently on or about January 20, 2016; and WHEREAS, Section 24 of the JPA, renumbered to Section 27 in the proposed Second Amended and Restated JPA, provides that the JPA may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the VGPS members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable law; and WHEREAS, Section 3 (Purpose) of the JPA provides that the purpose of the VGPS is to form a joint powers authority to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley, and to attract visitors from national and international markets, all to the benefit of the VGPS Members and their constituents; and
WHEREAS, Section 8 (Additional Members) of the JPA provides that additional VGPS Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as VGPS Members at any time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the VGPS Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws; and
WHEREAS, Section 10 (JPA Executive Committee – Power and Duties) of the JPA currently authorize the JPA Executive Committee to appoint an advisory board (known as the Board of Directors) to conduct certain activities on behalf of the JPA; the JPA Executive Committee determines that it is in the best interest of the JPA to create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA as further set forth below; and
107
Resolution No. 2024 – XXX
Visit Greater Palm Springs – Second Amended and Restated Joint Powers Agreement (formerly the Greater Palm Springs Convention and Visitors Bureau) Adopted: March 5, 2024

Page 2 of 3 ends

WHEREAS, Section 11 (Territorial Boundaries) of the JPA provides that VGPS territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert, and Rancho Mirage, as depicted in Exhibit A of the JPA. The territorial boundaries of VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote of the VGPS Members’ legislative bodies; and
WHEREAS, on February 29, 2024, the VGPS Executive Committee adopted Resolution No. JPA 2024-002 approving the Second Amended and Restated Joint Powers Agreement, enclosed as Exhibit 1, and incorporated herewith by this reference, to:
(1) Amend Section 3 (Purpose) – to revise the purpose set forth in the JPA as proposed in Exhibit 1, to more broadly serve and benefit the VGPS Members and their constituents by developing strategies to diversify the regional economy; (2) Amend Section 8 (Additional Members) – to include the City of Coachella as a VGPS Member;
(3) Amend Section 10 (JPA Executive Committee – Power and Duties) – to expand the territorial boundaries of the JPA to include the City of Coachella; and (4) Amend Section 11 (Territorial Boundaries) – to create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA. (5) Add Section 24 (Voting) – to note that each JPA Member shall have an equal vote; motions considered by the JPA Executive Committee shall require majority of votes cast (more than half) to pass a motion; and in the event of a tie vote, the motion before the JPA Executive Committee shall be deemed defeated. (6) Amend language throughout for necessary updates and consistency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:

SECTION 1. The recitals set forth hereinabove are true and correct; constitute the findings of the City Council; and are incorporated herewith by this reference.

SECTION 2. The City Council hereby approves the Second Amended and Restated Joint Powers Agreement with Visit Greater Palm Springs attached hereto as Exhibit 1; and the City Manager is authorized to execute this agreement.

SECTION 3. All provisions of any prior resolutions or agreements that are in conflict with the provisions of this resolution are hereby repealed.

SECTION 4. This Resolution shall be in full force and effect upon this adoption and the Second Amended and Restated Joint Powers Agreement shall take effect upon execution by all of its members.
108
Resolution No. 2024 – XXX
Visit Greater Palm Springs – Second Amended and Restated Joint Powers Agreement (formerly the Greater Palm Springs Convention and Visitors Bureau) Adopted: March 5, 2024

Page 3 of 3 ends

SECTION 5. The City Clerk shall certify to the adoption of this Resolution.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of March 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
109
1 VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Second Amended and Restated Agreement”)
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500 et seq. _________________, 2024
Resolution No. 2024 – XXX
Visit Greater Palm Springs – Second Amended and Restated Joint Powers Agreement (formerly the Greater Palm Springs Convention and Visitors Bureau) Adopted: March 5, 2024
EXHIBIT 1
110
Updated JPA 2nd Amended & Restate Agreement was published on 3/2/2024 i

TABLE OF CONTENTS
RECITALS........................................................................................................................... 1 AGREEMENT..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name................................................................................................ 3 Section 5 First Amended and Restated Agreement Superseded – Effective Date 3 Section 6 Termination...................................................................................... 3 Section 7 JPA Members.................................................................................. 4 Section 8 Additional Members........................................................................ 4 Section 9 Governing Body............................................................................... 4 Section 10 JPA Executive Committee – Powers and Duties............................. 4 Section 11 Territorial Boundaries...................................................................... 5 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 6 Section 14 Separate Entity................................................................................. 6 Section 15 Powers of the JPA............................................................................ 7 Section 16 Power to Invest ................................................................................ 9 Section 17 Bonding ........................................................................................... 9 Section 18 Treasurer and Auditor – Designations............................................. 9 Section 19 Treasurer – Duties and Responsibilities........................................... 9 111
ii
Section 20 Independent Audit ......................................................................... 10 Section 21 Auditor’s Duties ............................................................................ 10 Section 22 Severability .................................................................................... 10 Section 23 Waiver ........................................................................................... 10 Section 24 Amendments.................................................................................. 10 Section 25 Ambiguities or Uncertainties......................................................... 11 Section 26 Applicable Law.............................................................................. 11 Section 27 Venue............................................................................................. 11 Section 28 Notices........................................................................................... 11 Section 29 Counterparts................................................................................... 12 Section 30 Privileges and Immunities ............................................................. 12

EXHIBIT A
Territorial Boundaries.......................................................................................................... 16 112
This Second Amended and Restated Joint Powers Agreement (this “Agreement”) is entered into by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code. The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”). The parties to this Agreement are individually referred to herein as “JPA Member” and collectively as “JPA Members.”

RECITALS
WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority (“JPA”); and WHEREAS, the JPA Members entered into the original joint powers agreement on February 8, 1989, to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a world- wide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the JPA Members have in common; and WHEREAS, it is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Joint Powers Agreement, dated January 20, 2016, including any subsequent amendments (“First Amended and Restated Agreement”), and shall restate, amend and supersede the First Amended and Restated Agreement in its entirety as of the Effective Date; and
WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set forth, and intending to be legally bound hereby, the JPA Members hereby covenant and agree as follows:
113

AGREEMENT
Section 1. Definitions
The following words, terms and phrases shall have the following meanings:
“Additional JPA Members” shall mean qualified municipalities that may be added as members of JPA as described in Section 8.
“Board of Directors” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.
“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.
“JPA” shall mean the Joint Powers Authority and may also be referred to herein as VGPS.
“JPA Executive Committee” shall mean the JPA’s governing body formed for the purposes and having the powers and duties set forth in Section 10. “JPA Member” shall mean a municipality that is party to this Agreement. “JPA Members” shall mean, collectively, the municipalities that have entered into this Agreement.
“JPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.
“Lodging Establishments” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, public or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.
“Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement. “President and Chief Executive Officer” shall mean the individual employed by VGPS, who is responsible for professionally supervising, managing, and administering VGPS’s dayto- day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement. “TBID” shall mean Tourism Business Improvement District assessment. 114
“Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of VGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.
“Treasurer” shall mean the individual appointed by VGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.
“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 3. Purpose
The purpose of VGPS is to benefit all JPA Members and their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and doing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to attract visitors from national and international markets; and
(b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley.

Section 4. Name
The name of the JPA shall be “Visit Greater Palm Springs” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote ofthe entire JPA Executive Committee.

Section 5. First Amended and Restated Agreement Superseded - Effective Date It is intended by the JPA Members that this Agreement shall be amendatory of the First Amended and Restated Agreement and shall restate, amend and supersede the First Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the JPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and 115
a two-thirds vote of the JPA Members’ legislative bodies (“Effective Date”).

Section 6. Termination
(a) This Agreement may be terminated by unanimous vote of all the JPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a JPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing JPA Member as described in Section 13; and (b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the JPA Members’ treasuries in proportion to the JPA Member Contributions made by the respective JPA Member to the JPA.
(c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 7. JPA Members
The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 8. Additional Members
Additional JPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as JPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: (i) a duly elected or appointed council member of each city JPA Member; and (ii) a member ofthe Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the JPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Section 10. JPA Executive Committee - Powers and Duties The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business ofthe JPA, 116
either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following:
(a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee;
(b) Approve and adopt a budget for the JPA prior to the commencement of the JPA’s subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;
(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee. (d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member employed by each JPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on; (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and
(f) Create any committees, sub-committees, and advisory committees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement.
(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Agreementshall be subject to the restrictions upon the manner of exercising such similar powers 117
as are imposed on the City ofRancho Mirage in the exercise ofsimilar powers.

Section 11. Territorial Boundaries
The JPA’s territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the VGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote ofthe JPA Members’ legislative bodies.

Section 12. Contributions
(a) Each JPA Member shall pay to the JPA the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies. The provisions of this section may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote ofthe JPA Members’ legislative bodies.

A contribution from each ofthe JPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (b) The Gross Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the JPA Members.

Section 13. Withdrawal
Any Party may withdraw as a JPA Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing JPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice ofWithdrawal. (b) The effective date of withdrawal shall always be the last day of the VGPS’s Fiscal Year.
(c) All JPA Member Contributions must be paid in full by the withdrawing JPA Member through the end of the current VGPS Fiscal Year of the year when the withdrawing JPA Member provides its Notice ofWithdrawal as well as the following VGPS Fiscal Year. (d) After giving notice of withdrawal, a withdrawing JPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items through the effective date of withdrawal.
(e) A withdrawing JPA Member may again become a party to this Agreement on 118
condition that it pays to the treasury of the VGPS an amount equal to all JPA Member Contributions which the withdrawing JPA Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the VGPS may remain active Partners as long as their respective government entity is a JPA Member and during the period of their JPA Member’s withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.

Section 14. Expulsion/Withdrawal
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.

Section 15. Separate Entity
Except for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one JPA Member except that any JPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.

Section 16. Powers of the JPA
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:
(a) The power to make, enter into and perform all necessary contracts; (b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties; (c) The power to retain agents, independent contractors and consultants, including without limitation the power to engage legal counsel and other professional services; (d) The power to acquire, construct, manage, maintain or operate any building, works or improvements;
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(e) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;
(f) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA; (g) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA; (h) The power to donate any surplus real or personal property to any public agency or nonprofit organization;
(i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (j) The power to raise revenue for any public purpose consistent with the JPA’s purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq; (k) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this Agreement by the JPA Members constitutes consent to:
(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the VGPS in connection with formation of the said district (“2013 TMD”); and
(ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;
(iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals; (l) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA; 120
(m) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
(n) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500 et seq. of the Government Code; (o) The power to provide insurance pursuant to section 989 of the Government Code et seq.;
(p) The power to sue and be sued in the name of the JPA; (q) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(r) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA;
(s) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;
(t) The power to lobby on behalf of tourism and economic development; (u) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the tourism and economic development industry; and
(v) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.

Section 17. Power to Invest
Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.

Section 18. Bonding
Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee:
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(a) President/Chief Executive Officer;
(b) Director of Finance; and
(c) Treasurer.

Section 19. Treasurer and Auditor - Designations
Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately.

Section 20. Treasurer - Duties and Responsibilities
Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:
(a) Receive and receipt (account) for all money of the JPA and place it in the treasury of the Treasurer so designated to the credit of the JPA; (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; (c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;
(d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and
(e) Verify and report in writing no less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties financial statement of activities for the year.

Section 21. Independent Audit
Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.

Section 22. Auditor’s Duties
The Auditor shall perform the following duties:
(a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA;
(b) Review and approve all demands listed on the Warrant Registers prior to 122
submittal to the JPA Executive Committee;
(c) Review payroll registers at least monthly;
(d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in the reports;
(e) Review investments made by the President or Treasurer; (f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and (g) Assist staff in the selection of the Certified Public Accounting firm.

Section 23. Attorney’s Fees
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding.

Section 24. Voting
Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than half) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated.

Section 25. Severability
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Section 26. Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 27. Amendments
This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the JPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.
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Section 28. Ambiguities or Uncertainties
The JPA Members have mutually negotiated the terms and conditions of this Agreement and each JPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein.

As such, this Agreement is a product of the joint drafting efforts of all JPA Members and none of the JPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any JPA Member.

Section 29. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 30. Venue
In the event that suit is brought by any party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

Section 31. Notices
Any notice or communication required hereunder between the JPA and the JPA Members shall be in writing and may be given either personally or by registered mail, returnreceipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Coachella
53990 Enterprise Way
Coachella, CA 92236
Attention: City Manager
City of Desert Hot Springs
11999 Palm Drive
Desert Hot Springs, CA 92240
Attention: City Manager
City of Indian Wells
44950 Eldorado Drive
Indian Wells, CA 92210
Attention: City Manager
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City of Indio
100 Civic Center Mall
Indio, CA 92201
Attention: City Manager
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Attention: City Manager
City of Palm Desert
73510 Fred Waring Drive
Palm Desert, CA 92260
Attention: City Manager
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270
Attention: City Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk
Section 32. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 33. Privileges and Immunities
Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, workmen’s compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. [SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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IN WITNESS WHEREOF, the duly authorized representatives of the JPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY
_________________________________
Mark Carnevale, Mayor
Dated: ___________________________
_________________________________
Charlie McClendon, City Manager
ATTEST:
_________________________________
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
________________________________
Eric S. Vail, City Attorney

CITY OF COACHELLA
_________________________________
Steven Hernandez, Mayor
Dated: ___________________________
_________________________________
Gabriel Martin, City Manager
ATTEST:
_________________________________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
________________________________
Carlos Campos, City Attorney

CITY OF DESERT HOT SPRINGS
_________________________________
Scott Matas, Mayor
Dated: ___________________________
_________________________________
Frank Luckino, City Manager
ATTEST:
_________________________________
Daniel McVey, City Clerk
APPROVED AS TO FORM:
________________________________
Jennifer Mizrahi, City Attorney

CITY OF INDIAN WELLS
_________________________________
Greg Sanders, Mayor
Dated: ___________________________
_________________________________
Christopher Freeland, City Manager
ATTEST:
_________________________________
Angelica Avila, City Clerk
APPROVED AS TO FORM:
________________________________
Todd Leishman, City Attorney
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CITY OF INDIO
_________________________________
Guadalupe Ramos Amith, Mayor
Dated: ___________________________
_________________________________
Bryan Montgomery, City Manager
ATTEST:
_________________________________
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
________________________________
Steven P. Graham, City Attorney

CITY OF LA QUINTA
_________________________________
Linda Evans, Mayor
Dated: ___________________________
_________________________________
Jon McMillen, City Manager
ATTEST:
_________________________________
Monika Redeva, City Clerk
APPROVED AS TO FORM:
________________________________
William H. Ihrke, City Attorney

CITY OF PALM DESERT
_________________________________
Karina Quintanilla, Mayor
Dated: ___________________________
_________________________________
Todd Hileman, City Manager
ATTEST:
_________________________________
Anthony Mejia, City Clerk
APPROVED AS TO FORM:
________________________________
Isra Shah, City Attorney

CITY OF PALM SPRINGS
_________________________________
Jeffrey Bernstein, Mayor
Dated: ___________________________
_________________________________
Scott Stiles, City Manager
ATTEST:
_________________________________
Brenda Pree, City Clerk
APPROVED AS TO FORM:
________________________________
Jeffrey Ballinger, City Attorney
127

CITY OF RANCHO MIRAGE
_________________________________
Steve Downs, Mayor
Dated: ___________________________
_________________________________
Isaiah Hagerman, City Manager
ATTEST:
_________________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
________________________________
Steven B, Quintanilla, City Attorney

COUNTY OF RIVERSIDE
____________________________________
Chuck Washington, Chairman
____________________________________
Jeff Van Wagenen, County Executive
Manager
ATTEST:
____________________________________
Kimberly A. Rector, Clerk of the Board
APPROVED AS TO FORM:
____________________________________
Minh Tran, County Counsel
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EXHIBIT A

TERRITORIAL BOUNDARIES
129
Resolution No. JPA 2024-___, Page 1
RESOLUTION NO. JPA 2024-002____

A RESOLUTION OF THE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE OF

VISIT GREATER PALM SPRINGS APPROVING THE MEMBERSHIP OF THE CITY OF

COACHELLA, EXPANDING THE TERRITORIAL LIMITS TO INCLUDE THE CITY OF

COACHELLA, APPROVING AN AMENDMENT TO THE PURPOSE OF THE JOINT POWERS AUTHORITY, AND CREATING A 501(C)(6) ENTITY
WHEREAS, Visit Greater Palm Springs (VGPS) is a Joint Powers Authority operating under the Joint Exercise of Powers Act (California Government Code §§6500 et seq.), located in the County of Riverside, State of California; and WHEREAS, the JPA Executive Committee serves as the governing body of VGPS; and
WHEREAS, the JPA Executive Committee adopted the Joint Powers Agreement (“Amended and Restated Agreement”) on January 20, 2016 (“JPA Agreement”); and WHEREAS, section 24 of the JPA Agreement provides that the JPA Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the VGPS members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws; and
WHEREAS, section 3 (Purpose) of the JPA Agreement provides that the purpose of VGPS is to form a joint powers authority to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from national and international markets, all to the benefit of the VGPS Members and their constituents; and
WHEREAS, section 8 (Additional Members) of the JPA Agreement provides that additional VGPS Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as VGPS Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the VGPS Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws; and WHEREAS, section 10 (JPA Executive Committee – Power and Duties) of the JPA Agreement currently authorizes the JPA Executive Committee to appoint an advisory board (known as the Board of Directors) to conduct certain activities on behalf of the JPA; the JPA Executive Committee determines that it is in the best interests of the JPA to create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA as further set forth below; and
WHEREAS, section 11 (Territorial Boundaries) of the JPA Agreement, provides that VGPS territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of the JPA Agreement. The territorial boundaries of VGPS may

JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE
ATTACHMENT 1
130
only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote of the [VGPS] Members’ legislative bodies; and WHEREAS, in accordance with above referenced sections of the JPA Agreement, the JPA Executive Committee now desires to (1) revise the purpose set forth in the JPA Agreement as described below, (2) include the City of Coachella as a VGPS Member, (3) expand the territorial boundaries of the JPA to include the City of Coachella, and (4) create a 501(c)(6) entity, formerly the Board of Directors, to manage the destination activities of the JPA.

NOW, THEREFORE, BE IT RESOLVED by the JPA Executive Committee of Visit Greater Palm Springs as follows:

Section 1. Recitals.

That the Recitals set forth above are true and correct.

Section 2. The Purpose of the JPA.

That the JPA Executive Committee hereby approves and adopts the following amendment to section 3 (“Purpose”) of the JPA Agreement:

The purpose of VGPS is to benefit all VGPS Members and
their constituents by jointly:
(a) Marketing, attracting, encouraging, promoting, and
doing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from national and international markets; and
(b) Doing such other things to promote and strengthen
all aspects of the regional economy related to the
hospitality, convention and tourism industry, and the
diversification of the overall region’s economy in the
Coachella Valley.

Section 3. VGPS Members.

That the JPA Executive Committee, having determined that the City is qualified to be a member of VGPS, hereby approves and adopts the following amendment to section 7 (“VGPS Members”) of the JPA Agreement:

The members of the JPA shall consist of the parties to this Agreement which includes the cities of Cathedral City,
Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the
County of Riverside.
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Section 4. Territorial Boundaries.

That the JPA Executive Committee, having determined that the City is qualified to be a member of VGPS, hereby approves and adopts the following amendment to section 11 (“Territorial Boundaries”) of the JPA Agreement:

The JPA’s territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of VGPS may only be changed by a two-thirds
vote of the JPA Executive Committee and a unanimous vote of the VGPS Members' legislative bodies.

Section 5. VGPS Member Agency Approval.

That the JPA Executive Committee hereby approves and adopts the following amendment to section 10(c) (“Purpose”) of the JPA Agreement:

Delegate authority to manage destination activities to
[Greater Palm Springs Business Alliance] GPSBA. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging
Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities,
commercial air transport facilities, commercial ground
transportation businesses, plus any other persons from any other industry deemed appropriate. The BPSBA shall
manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

The GPSBA will oversee the daily operations, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be
responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and
independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors.

Section 6. That the President/Chief Executive Officer of VGPS and/or his designee shall take all reasonable steps to seek (1) the approval of the membership of the City 132
of Coachella, (2) the approval and adoption of the amendments to the JPA Agreement set forth above, and (3) the approval and adoption of a Second Amended and Restated Joint Powers Agreement in substantially the same form as attached hereto as Exhibit “A” and incorporated herein by this reference.

Section 7. Severability.

That the Executive Committee declares that, should any provision, section, paragraph, sentence, or word of this Resolution be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, or words of this Resolution as hereby adopted shall remain in full force and effect.

Section 8. Repeal of Conflicting Provisions.

That all the provisions heretofore adopted by Visit Greater Palm Springs or the Executive Committee that are in conflict with the provisions of this Resolution are hereby repealed.

Section 9. Effective Date.

That this Resolution shall take effect immediately upon its adoption.

Section 10. Certification.

That the Clerk of the Executive Committee shall certify as to the adoption of this Resolution and shall cause the same to be processed in the manner required by law.

PASSED, APPROVED AND ADOPTED at a special meeting of the Joint Powers Authority (JPA) Executive Committee of Visit Greater Palm Springs, held on the ___ day of _________, 2024, by the following vote:

AYES:

NAYES:

ABSENT:

ABSTAIN:
___________________________________
Gary Gardner, Chair
JPA Executive Committee
133
ATTEST:
___________________________________
Sarah Goslin, Clerk for the Executive Committee
APPROVED AS TO FORM:
___________________________________
Lena D. Wade, General Counsel
134
RESOLUTION NO. JPA 2024-____
Exhibit A

DRAFT SECOND AMENDED AND RESTATED JOINT POWERS AGREEMENT 135
1 Greater Palm Springs Convention & Visitors Bureau

VISIT GREATER PALM SPRINGS

JOINT POWERS AGREEMENT
(“Second Amended and Restated Agreement”)
A California Joint Powers Authority
Created Pursuant to California Government Code Section 6500, et seq.

JANUARY 20, 2016
_________________, 2024
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ATTACHMENT 2
Updated red-lined JPA 2nd Amended & Restate Agreement was published on 3/2/2024 136
i

TABLE OF CONTENTS
RECITALS........................................................................................................................... 1 AGREEMENT..................................................................................................................... 1 Section 1 Definitions ....................................................................................... 1 Section 2 Incorporation of Recitals ................................................................. 3 Section 3 Purpose ............................................................................................ 3 Section 4 Name................................................................................................ 3 Section 5 InitialFirst Amended and Restated Agreement Superseded – Effective Date 3
Section 6 Termination...................................................................................... 3 Section 7 CVBJPA Members.......................................................................... 4 Section 8 Additional Members........................................................................ 4 Section 9 Governing Body............................................................................... 4 Section 10 JPA Executive Committee – Powers and Duties............................. 4 Section 11 Territorial Boundaries...................................................................... 5 Section 12 Contributions ................................................................................... 6 Section 13 Withdrawal ...................................................................................... 6 Section 14 Separate Entity............................................................................... 76 Section 15 Powers of the JPA............................................................................ 7 Section 16 Power to Invest ................................................................................ 9 Section 17 Bonding ........................................................................................... 9 Section 18 Treasurer and Auditor – Designations............................................. 9 Section 19 Treasurer – Duties and Responsibilities........................................... 9 Formatted: Not Expanded by / Condensed by
137
ii
Section 20 Independent Audit ......................................................................... 10 Section 21 Auditor’s Duties ............................................................................ 10 Section 22 Severability .................................................................................... 10 Section 23 Waiver ....................................................................................... 1110 Section 24 Amendments.............................................................................. 1110 Section 25 Ambiguities or Uncertainties......................................................... 11 Section 26 Applicable Law.............................................................................. 11 Section 27 Venue............................................................................................. 11 Section 28 Notices........................................................................................... 11 Section 29 Counterparts................................................................................... 12 Section 30 Privileges and Immunities ............................................................. 12

EXHIBIT A
Territorial Boundaries.......................................................................................................... 16 138
1 This Second Amended and Restated Joint Powers Agreement (this “Agreement”) is entered heretointo by and between the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, each an independent municipal corporation located in the County of Riverside, State of California, and the County of Riverside, a political subdivision of the State of California, pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the California Government Code. (“Agreement”).The Joint Powers Authority is known as “Visit Greater Palm Springs” (“VGPS”).

The parties to this Agreement are individually referred to herein as “CVBJPA Member” and collectively as “CVBJPA Members.”

RECITALS
WHEREAS, pursuant to the Joint Exercise of Powers Act, if authorized by their legislative or other governing bodies, two or more public agencies which include, but are not limited to, a county or city, may jointly exercise any power common to the contracting parties via a Joint Powers Agreement creating a Joint Powers Authority (“JPA”); and WHEREAS, the CVBJPA Members entered into the original joint powers agreement on February 8, 1989, for the purpose to jointly encourage, promote, and to do such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention and tourism industry in the Coachella Valley and to attract visitors from a worldwide market, all to the benefit of the member organizations and their citizens via the exercise of all the expressed and implied powers the CVBJPA Members have in common; and WHEREAS, it is intended by the CVBJPA Members that this Agreement shall be amendatory of the original joint powers agreementFirst Amended and Restated Joint Powers Agreement, dated February 8, 1989January 20, 2016, including any subsequent amendments (“InitialFirst Amended and Restated Agreement”), and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement in its entirety as of the Effective Date; and WHEREAS, the CVB Members, consisting of the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside have consented to renaming the JPA to the “Greater Palm Springs Convention & Visitors Bureau” (“CVB”) for all purposes.

WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to (i) add the City of Coachella as a JPA Member, (ii) add the City of Coachella to the territorial boundaries of the JPA; and (iii) amend the purpose of JPA as set forth below, among additional provisions as stated herein; and WHEREAS, on or about _____________, 2024, it was determined by the VGPS President and Chief Executive Officer and his staff that at least two thirds of the entire VGPS Executive Committee and all of the JPA Members voted to approve for adoption and execution this Second Amended and Restated Joint Powers Agreement.

NOW, THEREFORE, in consideration of the terms and conditions hereinafter set Formatted: Font: 12 pt
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2 forth, and intending to be legally bound hereby, the CVBJPA Members hereby covenant and agree as follows:

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3 AGREEMENT
Section 1. Definitions
The following words, terms and phrases shall have the following meanings:
“Advisory Board” shall mean the board appointed by the JPA Executive Committee for the purposes described in paragraph (c) of Section 10. “Additional JPA Members” shall mean qualified organizationsmunicipalities that may be added as members of CVBJPA as described in Section 8. “Board of Directors” shall mean the Board of Directors of the Greater Palm Springs Business Alliance (“GPSBA”) comprised of persons associated with the local hospitality industry for the purposes described in Section 10.
“Convention Hotel” shall mean a hotel, motel or similar property with 50 rooms or greater.
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.
that provides facilities“JPA” shall mean the Joint Powers Authority and services designedmay also be referred to host meetings or gatherings within or upon the same premises of the hotel or within a facility (herein as VGPS. “JPA Executive Committee” shall mean the JPA’s governing body formed for example: convention centers, auditoriums, outdoor venues, etc.) that is in close proximity of the hotelthe purposes and having the powers and duties set forth in Section 10. “CVB Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“CVB“JPA Member” shall mean an organizationa municipality that is party to this Agreement.
“CVBJPA Members” shall mean, collectively, the organizationsmunicipalities that have entered into this Agreement.
“CVBJPA Member Contributions” shall mean the annual contribution amounts duly established pursuant to Section 12.
“Greater Palm Springs Convention & Visitors Bureau” or “CVB” shall mean the Joint Powers Authority formed by the cities of Cathedral City, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage and the County of Riverside.

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4 “Lodging Establishments,” as referenced in Section 10, Paragraph C,” shall mean any structure, which is occupied or intended or designed for use or occupancy by transients, including but not limited to hotel, resort, motel, inn and individually owned structures; single family homes, duplexes, triplexes, mobile homes, or any privatepublic or private clubs, campgrounds, mobile homes or house trailers at fixed locations, or other like structure or portion thereof and dwelling utilized for short term rental and subject to local transient occupancy tax.
“
“Joint Exercise of Powers Act” shall mean California Government Code sections 6500-6536.
“JPA Executive Committee” shall mean the CVB’s governing body formed for the purposes and having the powers and duties set forth in Section 10.

A “Non-Convention Hotel” shall mean any structure, with the exception of the previously defined “Convention Hotels,” or any portion of any structure which is occupied or intended or designed for use or occupancy by transients including, but not limited to, dwelling, lodging or sleeping purposes and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, campground, mobile home or house trailer at a fixed location, or other like structure or portion thereof. Non-Convention Hotel includes a recreational vehicle, as defined in Cal. Health & Safety Code § 18010 and campgrounds.

Partner” shall mean a non-governmental entity whose business and activities are directly related to the convention or tourism industry and the purposes of this Agreement. “President and Chief Executive Officer” shall mean the individual employed by CVBVGPS, who is responsible for professionally supervising, managing, and administering CVB’sVGPS’s day-to- day affairs as described in paragraph (e) of Section 10 and elsewhere in this Agreement.
“TBID” shall mean Tourism Business Improvement District assessment. “Technical Advisory Committee” or “TAC” shall mean the committee which may be appointed by a majority vote of CVB’sVGPS’s JPA Executive Committee for the purposes described in paragraph (d) of Section 10.
“Treasurer” shall mean the individual appointed by CVB’sVGPS’s JPA Executive Committee to serve the functions described at Section 19 and may be the same individual appointed as Auditor.
“VGPS Fiscal Year” shall mean the period commencing July 1 of every year and ending June 30 of the following calendar year.
“Visit Greater Palm Springs” or “VGPS” shall mean the Joint Powers Authority Formatted: Right: 0"
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5 formed by the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 2. Incorporation of Recitals
The foregoing recitals are incorporated into this Agreement by this reference as though fully set forth herein.

Section 3. Purpose
The purpose of this AgreementVGPS is to form a joint powers authority tobenefit all JPA Members and their constituents by jointly encourage, promote, and to do:
(a) Marketing, attracting, encouraging, promoting, and doing such other things as might be necessary to enhance, to the greatest extent possible, all aspects of the hospitality, convention, and tourism industry in the Coachella Valley and to attract visitors from national and international markets, all to the benefit of the CVB Members and their constituents.; and (b) Doing such other things to promote and strengthen all aspects of the regional economy related to the hospitality, convention and tourism industry, and the diversification of the entire economy of the Coachella Valley.

Section 4. Name
The name of the JPA shall be the ““Visit Greater Palm Springs Convention & Visitors Bureau” (“CVB” (“VGPS”) or such other name that may be changed at any time by a resolution approved and adopted by a two-thirds vote ofthe entire JPA Executive Committee.

Section 5. InitialFirst Amended and Restated Agreement Superseded - Effective Date
It is intended by the CVBJPA Members that this Agreement shall be amendatory of the InitialFirst Amended and Restated Agreement and shall restate, amend and supersede the InitialFirst Amended and Restated Agreement. Upon its Effective Date, this Agreement shall govern the relationship of the CVBJPA Members. This Agreement shall become effective on the date this Agreement is approved by a two-thirds vote of the entire membership of the JPA Executive Committee and a two-thirds vote of the CVBJPA Members’ legislative bodies (“Effective Date”).

Section 6. Termination
(a) This Agreement may be terminated by unanimous vote of all the CVBJPA Members’ legislative bodies provided, however, the foregoing shall not be construed as limiting the rights of a CVBJPA Member to withdraw its membership in the JPA, and thus terminate this Agreement with respect to such withdrawing CVBJPA Member as described in Section 13; and
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6 (b) Pursuant to section 6512 of the Government Code, upon termination of this Agreement and dissolution of the JPA, any surplus money on hand with the JPA shall be returned to the CVBJPA Members’ treasuries in proportion to the CVBJPA Member Contributions made by the respective CVBJPA Member to the JPA. (c) Upon termination of this Agreement and dissolution of the JPA, all of the resources of the JPA shall be used in an effort to ensure that 100% of the pension liability is funded. Pursuant to Government Code section 6508.2, any remaining obligations of the JPA pension plan and other post-employment benefit liabilities shall be assumed by JPA Members.

The JPA will maintain a policy of funding its pension liability at a minimum of 85% and will promptly notify JPA Members at any time this threshold is not met.

Section 7. CVBJPA Members
The members of the JPA shall consist of the parties to this Agreement which include the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs and Rancho Mirage, and the County of Riverside.

Section 8. Additional Members
Additional CVBJPA Members that qualify to join a joint powers authority under the Joint Exercise of Powers Act may be added as CVBJPA Members at any time by a two-thirds vote of the of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 9. Governing Body
(a) The governing body of the JPA shall be known as the JPA Executive Committee and it shall be comprised of: (i) a duly elected or appointed council member of each city CVBJPA Member; and (ii) a member ofthe Riverside County Board of Supervisors. (b) Only those members of the JPA Executive Committee, whose agencies pay the CVBJPA Member Contributions, as set forth in this Agreement, shall be entitled to vote.

Section 10. JPA Executive Committee - Powers and Duties The JPA Executive Committee, consistent with this Agreement and all applicable laws, shall exercise all the powers and perform all duties necessary to conduct the business ofthe JPA, either directly or by delegation of its authority, as the JPA Executive Committee deems appropriate, which shall include but not be limited to the following:
(a) Adopt bylaws or rules of procedure to provide for the organization and administration of the JPA, as the JPA Executive Committee deems appropriate by a majority vote of the JPA Executive Committee;
(b) Approve and adopt a budget for the JPA prior to the commencement of the JPA’s Formatted: Condensed by 0.1 pt
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7 subsequent fiscal year, the term of which shall be set by a majority vote of the JPA Executive Committee;
(c) Appoint an advisory board consisting(c) Delegate authority to manage destination activities and the daily operations of VGPS to GPSBA, including but not limited to strategic development, marketing, travel trade, public relations, human resources and group sales, and employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as needed. Termination of the President & Chief Executive Officer will require a majority vote of the JPA Executive Committee and GPSBA Board of Directors. The Board of Directors of the GPSBA shall consist of any number of persons associated with the local hospitality industry, which may include, but not be limited to, those who own, manage, govern or serve in senior staff positions for Lodging Establishments or businesses, eateries, public and private regional sports facilities, public and private museums, public and private convention and conference facilities, commercial air transport facilities, commercial ground transportation businesses, plus any other persons from any other industry deemed appropriate by the JPA Executive Committee;. The GPSBA shall manage the destination operations of VGPS, and shall be governed by bylaws, as amended from time to time.

Activities other than tourism related activities, such as but not limited to economic diversification efforts, shall remain the responsibility of the JPA and shall be governed by the JPA Members and/or their assignee(s) as determined by the JPA Executive Committee. (d) Appoint from time to time, if deemed necessary by a majority vote of the JPA Executive Committee, a Technical Advisory Committee (TAC) consisting of a staff member employed by each CVBJPA Member as designated by the respective JPA Executive Committee member, for purposes of advising the JPA Executive Committee on any technical issues of the JPA that the JPA Executive Committee may need advice on; (e) Employ an individual who shall serve as the President and Chief Executive Officer of the JPA, who shall be responsible for professionally supervising, managing and administering the day-to-day affairs of the JPA, hire and fire JPA employees, retain consultants and independent contractors and perform such other functions as the JPA Executive Committee may designate;
(f) (e) Retain an individual licensed to practice law in the State of California who shall serve as General Legal Counsel for the JPA and who shall assist the JPA with any legal assistance as may be requested by the JPA Executive Committee or President/Chief Executive Officer or their authorized designees; and
(g)(f) Create any committees, sub-committees, advisory committees and advisory boardscommittees, as deemed necessary by a majority vote of the JPA Executive Committee, to advance and/or achieve the purposes set forth in this Agreement. (h)(g) Pursuant to Section 6509 of the Government Code, the powers set forth in this Formatted ...

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8 Agreementshall be subject to the restrictions upon the manner of exercising such similar powers as are imposed on the City ofRancho Mirage in the exercise ofsimilar powers.

Section 11. Territorial Boundaries
The JPA’s territorial boundaries include the lands situated within the unincorporated areas of the Coachella Valley situated in the County of Riverside and the lands situated within the jurisdictional boundaries of the cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Springs, Palm Desert and Rancho Mirage, as depicted in Exhibit A of this Agreement. The territorial boundaries of the CVBVGPS may only be changed by a two-thirds vote of the JPA Executive Committee and a unanimous vote ofthe CVBJPA Members’ legislative bodies.

Section 12. Contributions
(a) Each CVBJPA Member shall pay to the JPA the applicable contribution amounts as set forth in the formula below, which may only be modified by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies.

The provisions of this section may only be changed or amended with a unanimous vote of the JPA Executive Committee and a unanimous vote ofthe CVBJPA Members’ legislative bodies.

A contribution from each ofthe CVBJPA Members is a funding mechanism equal to:
.0015 x Gross Room Rental Revenue for Non-Lodging Establishments excluding Convention Hotels, and
.0035 x Gross Room Rental Revenue for Convention Hotels (b) The Gross Hotel Room Rental Revenue described herein shall not include any transient occupancy tax rebate incentives provided by the CVBJPA Members.

Section 13. Withdrawal
Any Party may withdraw as a CVBJPA Member and the obligations under this Agreement subject to the following conditions:
(a) The withdrawing CVBJPA Member’s legislative body submits a duly adopted resolution to the JPA Executive Committee providing Notice ofWithdrawal. (b) The effective date of withdrawal shall always be the last day ofthe CVB’VGPS’ s Fiscal Year.
(c) All CVBJPA Member Contributions must be paid in full by the withdrawing CVBJPA Member through the end of the current CVBVGPS Fiscal Year of the year when the withdrawing CVBJPA Member provides its Notice of Withdrawal as well as the following CVBVGPS Fiscal Year.
(d) After giving notice of withdrawal, a withdrawing CVBJPA Member shall not have voting privileges on the JPA Executive Committee except for operating budget items Formatted: Thick underline
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9 through the effective date of withdrawal.
(e) A withdrawing CVBJPA Member may again become a party to this Agreement on condition that it pays to the treasury of the CVBVGPS an amount equal to all CVBJPA Member Contributions which the withdrawing CVBJPA Member would have been required to pay if it had not withdrawn from participation.
(f) Partners within the territorial boundaries of the CVBVGPS may remain active Partners as long as their respective government entity is a CVBJPA Member and during the period of their CVBJPA Member’s withdrawal from the Joint Powers Agreement. (g) In the event of withdrawal by a JPA Member, the JPA shall continue to be entitled to the full amount of the TBID unless and until the TBID expires without renewal or is disestablished pursuant to the Property and Business Improvement Area Law of 1994, Streets & Highways Code §36600 et seq. The withdrawing JPA Member shall continue to be responsible for collecting the TBID on a monthly basis (including any delinquencies, penalties and interest) from each assessed business and forwarding the same to the JPA.

Section 14. Expulsion/Withdrawal
A JPA Member may be expelled or suspended by a two-thirds (2/3) vote of the VGPS Executive Committee for an event of breach of this Agreement or the Bylaws, as amended from time to time, as determined by the remaining members of the JPA Executive Committee. The procedures for hearing and notice of expulsion and suspension shall be set forth in the bylaws of the JPA Executive Committee.

Section 15. Separate Entity
PursuantExcept for termination as provided in Section 6 of this Agreement, pursuant to section 6507 of the Government Code, this JPA shall at all times be an independent public entity separate from the parties to this Agreement, and the debts, liabilities and obligations of the JPA shall be its sole responsibility and shall not become the debts, liabilities, or obligations of any one CVBJPA Member except that any CVBJPA Member may separately contract for, or assume responsibility for specific debts, liabilities, or obligations of the JPA.

Section 1516. Powers of the JPA
Pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the California Government Code, this JPA shall have the authority to exercise any power common to the contracting parties, including without limitation any of the following:
(a) The power to make, enter into and perform all necessary contracts; (b) The power to engage necessary employees, to define their qualifications and duties and to provide a schedule of compensation for performance of their duties; (c) The power to retain agents, independent contractors and consultants, including Formatted: Font: 12 pt, Condensed by 0.1 pt
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10 without limitation the power to engage legal counsel and other professional services; (d) The power to acquire, construct, manage, maintain or operate any building, works or improvements;
(e) The power to acquire by purchase, grant, gift, lease or other lawful means any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA;
(f) The power to hold any real property or any personal property that may be necessary or proper to carry out the purposes and intent of the JPA; (g) The power to sell, lease or otherwise dispose of any real or personal property including exchanging equivalent properties if it is deemed to be in the best interests of the JPA; (h) The power to donate any surplus real or personal property to any public agency or nonprofit organization;
(i) The power to incur debts, liabilities or obligations, including without limitation the power to borrow money, give security therefore, and purchase on contract; (j) The power to raise revenue for any public purpose consistent with the JPA’s purposes, as set forth in this Agreement, through any legal and appropriate means other than levying a tax or assessment beyond the scope of those assessments which may be established and levied pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq; (k) The power to form, renew, and modify improvement districts including all Lodging Establishments, as defined in Section 1, pursuant to the Parking and Business Improvement Area Law of 1989, Streets & Highways Code §36500 et seq., and the Property and Business Improvement District Law of 1994, Streets & Highways Code §36600 et seq., which authorizes joint powers agencies to establish, modify and renew parking and business improvement areas and property and business improvement districts for the purpose of tourism promotion. Approval of this agreementAgreement by the CVBJPA Members constitutes consent: (i) to :
(k)(i) the formation of the Greater Palm Springs Convention & Visitors Bureau Tourism Marketing District adopted pursuant to Ordinance No. 2013-001, including all proceedings and actions previously taken by the CVB in connection with formation of the said district (“2013 TMD”); (ii) to form an improvement district not to exceed an assessment rate of one percent (1%) on Lodging Establishments not currently being assessed under the 2013 TMD or the Palm Springs Desert Resort Communities Tourism Business Improvement District established by Ordinance No. 883 of the County of Riverside (“Tourism BID”); and (iii) to consolidate the 2013 TMD and Tourism BID as long as the overall assessment rate does not exceed three percent (3%) on the entities currently being assessed therein;VGPS in connection with formation of the said district (“2013 TMD”); and Formatted: Right: 0"
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11 (ii) the formation of the Greater Palm Springs Tourism Business Improvement District pursuant to Resolution No. 2016-004 and to levy an assessment of three percent (3%) on Convention Hotels;
(iii) t h e renewal of the Greater Palm Springs Tourism Business Improvement District pursuant to Ordinance No. 2020-005 (“2021 TBID”) and to levy an assessment of three percent (3%) on Convention Hotels and one percent (1%) on vacation rentals; (l) The power to adopt rules, regulations, resolutions and ordinances that may be necessary or proper to carry out the purposes and intent of the JPA; (m) The power to enforce rules, regulations, resolutions and ordinances for the administration, maintenance and operation of the JPA;
(n) The power to enter into joint powers agreements pursuant to the Joint Exercise of Powers Act, as set forth in section 6500, et seq. of the Government Code; (o) The power to provide insurance pursuant to section 989 of the Government Code, et seq.;
(p) The power to sue and be sued in the name of the JPA; (q) The power to conduct certain activities of the JPA in any state or territory of the United States of America or in any foreign country, related to growing and diversifying the economy through promoting and marketing all aspects of the hospitality, convention and tourism industry in the Coachella Valley for the purpose of attracting visitors, groups, meetings, conventions and new businesses from national and international markets, as permitted pursuant to Government Code section 37110;
(r) The power to travel domestically and internationally that is necessary or proper to carrying out the purposes and intent of the JPA;
(s) The power to provide staff and resource support, financial assistance and subsidies to other public agencies, non-profit organizations and the private sector for purposes consistent with the purpose and intent of the JPA;
(t) The power to lobby on behalf of travel and tourism; and economic development; (u) The power to form a non-profit corporation or other affiliated non-profit entities for the purpose of promoting and enhancing all aspects of the hospitality, convention and tourism and economic development industry; and
(v) The power to take any and all actions necessary for, or incidental to, the powers expressed or implied by this Agreement and all applicable laws.

Section 1617. Power to Invest
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12 Pursuant to Government Code section 6509.5, the JPA shall have the power to invest any money in its treasury pursuant to the provisions set forth in Government Code section 6505.5 that is not required for the immediate necessities of the JPA, as the JPA may determine from time to time is advisable, in the same manner and upon the same conditions as local agencies pursuant to Government Code section 53601.

Section 1718. Bonding
Pursuant to Government Code section 6505.1, individuals occupying the following positions shall file an official bond in an amount deemed sufficient by the JPA Executive Committee:
(a) President/Chief Executive Officer;
(b) Director of Finance; and
(c) Treasurer.

Section 1819. Treasurer and Auditor - Designations
Pursuant to Government Code section 6505.6, the JPA Executive Committee shall designate by resolution an officer or employee of the JPA to fill the functions of Treasurer and Auditor of the JPA, and the JPA Executive Committee may appoint one qualified person to serve as both Treasurer and Auditor or two qualified persons to serve as each separately.

Section 1920. Treasurer - Duties and Responsibilities
Pursuant to section 6505.5 Government Code, the Treasurer shall do all of the following:
(a) Receive and receipt (account) for all money of the JPA and place it in the treasury of the Treasurer so designated to the credit of the JPA; (b) Be responsible, upon his or her official bond, for the safekeeping and disbursement of all JPA money so held by the Treasurer; Pay, when due, out of money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA; (c) Pay when due, out of the money of the JPA held by the Treasurer, all sums payable on outstanding bonds and coupons of the JPA;
(d) Pay any other sums due from the JPA from JPA money, or any portion thereof, only upon warrants of the public officer performing the functions of auditor or controller who has been designated by this Agreement; and
(e) Verify and report in writing on the first day of July, October, January and April of eachno less than five (5) times per year to the President/Chief Executive Officer, the JPA Executive Committee and to all Parties the amount of money the Treasurer holdsfinancial Formatted: Right: 0"
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13 statement of activities for the JPA, the amount of receipts since the Treasurer’s last report, and the amount paid out since the Treasurer’s last reportyear.

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14 Section 2021. Independent Audit
Pursuant to section 6505.6 of the Government Code, the Treasurer shall cause an independent audit to be made by a certified public accountant or public accountant, in compliance with section 6505 of the Government Code.

Section 2122. Auditor’s Duties
The Auditor shall perform the following duties:
(a) Review and recommend to the JPA Executive Committee accounting procedures and policies governing the JPA;
(b) Review and approve all demands listed on the Warrant Registers prior to submittal to the JPA Executive Committee;
(c) Review payroll registers at least monthly;
(d) Review all financial reports being submitted to the JPA Executive Committee and make the JPA Executive Committee aware of any discrepancies or potential problems in the reports;
(e) Review investments made by the President or Treasurer; (f) Review the audit report prepared by a Certified Public Accounting firm prior to finalization of the report and submittal to the JPA Executive Committee; and (g) Assist staff in the selection of the Certified Public Accounting firm.

Section 2223. Attorney’s Fees
In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney's fees, costs and expenses incurred in the proceeding.

Section 24. Voting
Each JPA Member shall have an equal vote. A motion considered by the JPA Executive Committee shall require a majority of votes cast (more than half) to pass such motion. In the event of a tie vote, such motion before the JPA Executive Committee shall be deemed defeated.

Section 25. Severability
If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions, if any, of this Agreement shall continue in full force and effect, unless enforcement of this Formatted: Right: 0"
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15 Agreement as so invalidated would be unreasonable or grossly inequitable under all the circumstances or would frustrate the purposes of this Agreement.

Section 2326. Waiver
All waivers must be in writing to be effective or binding upon the waiving Party, and no waiver shall be implied from any omission by a Party to take any action.

Section 2427. Amendments
This Agreement may be amended from time to time by a two-thirds vote of the entire JPA Executive Committee and a unanimous vote of the CVBJPA Members’ legislative bodies in compliance with all applicable provisions of the Joint Exercise of Powers Act and all other applicable laws.

Section 2528. Ambiguities or Uncertainties
The CVBJPA Members have mutually negotiated the terms and conditions of this Agreement and each CVBJPA Member received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions contained herein. As such, this Agreement is a product of the joint drafting efforts of all CVBJPA Members and none of the CVBJPA Members shall be deemed to have solely or independently prepared or framed this Agreement. Therefore, any ambiguities or uncertainties are not to be construed against or in favor of any CVBJPA Member.

Section 2629. Applicable Law
This Agreement shall be construed and enforced in accordance with the laws of the State of California.

Section 2730. Venue
In the event that suit is brought by any party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of Riverside, California or where appropriate, in the United States District Court, Southern District of California, Riverside, California.

Section 2831. Notices
Any notice or communication required hereunder between the JPA and the CVBJPA Members shall be in writing, and may be given either personally or by registered mail, returnreceipt requested. Notice, whether given by registered mail or personal delivery, shall be deemed to have been given and received on the actual receipt by any of the addresses designated below as the party to whom notices are to be sent. Any party hereto may at any time, upon written notice to the other party hereto, designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below:

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16 154
17 City of Cathedral City
68700 Avenida Lalo Guerrero
Cathedral City, CA 92234
Attention: City Manager
City of Desert Hot Springs
11711 West DriveCoachella
Desert Hot Springs53990
Enterprise Way
Coachella, CA 92240 92236
Attention: City Manager
City of Indian Wells 44950 El
DoradoDesert Hot Springs
Indian Wells11999 Palm Drive
Desert Hot Springs, CA
9221092240 Attention: City
Manager
City of IndioIndian
Wells 44950 Eldorado
Drive
Indian Wells100 Civic
Center Mall Indio, CA
9220192210 Attention:

City Manager
City of La Quinta 78495 Calle TampicoIndio
100 Civic Center Mall La
Quinta
Indio, CA 92253 92201
Attention: City Manager
City of Palm Desert
La Quinta 78495
Calle Tampico
73510 Fred Waring Drive
Palm DesertLa Quinta,
CA 9226092253
Attention: City Manager
City of Palm SpringsDesert
3200 East Tahquitz Canyon Way
73510 Fred Waring Drive
Palm SpringsDesert, CA
9226292260
Attention: City Manager
City of Rancho Mirage 69-825 Highway
111Palm Springs
Rancho Mirage3200 East
Tahquitz Canyon Way Palm
Springs, CA 9227092262
Attention: City Manager
City of Rancho Mirage
69825 Highway 111
Rancho Mirage, CA 92270County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County ClerkCity
Manager
County of Riverside
County Administration Center
4080 Lemon Street
Riverside, California 92501
Attention: County Clerk
Section 2932. Counterparts
This Agreement may be executed in duplicate counterpart originals, each of which is deemed to be an original, and all of which when taken together shall constitute one and the same instrument.

Section 3033. Privileges and Immunities
Pursuant to section 6513 of the Government Code, all of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, Formatted: Font: 12 pt
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18 disability, workmen’s compensation, and other benefits which apply to the activity of officers, agents or employees of any the Parties when performing their respective functions within the territorial limits of their respective public agencies, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties performed extraterritorially under the provisions of this Agreement. Formatted: Character scale: 105% 156
19 [SIGNATURES APPEAR ON THE FOLLOWING PAGES]
157
20 IN WITNESS WHEREOF, the duly authorized representatives of the CVBJPA Members have each executed this Agreement.

CITY OF CATHEDRAL CITY
____________________________________
_____________________,________________
_________________
Mark Carnevale, Mayor
____________________________________
_____________________,Dated:
___________________________
_________________________________
Charlie McClendon, City Manager
ATTEST:
____________________________________
___________________,__________________
_______________
Tracey R. Hermosillo, City Clerk
APPROVED AS TO FORM:
____________________________________
________________________,_____________
___________________
Eric S. Vail, City Attorney

CITY OF DESERT HOT

SPRINGSCOACHELLA
____________________________________
_____________________,________________
_________________
Steven Hernandez, Mayor
____________________________________
_____________________,Dated:
___________________________
_________________________________
Gabriel Martin, City Manager
ATTEST:
____________________________________
___________________,__________________
_______________
Angela M. Zepeda, City Clerk
APPROVED AS TO FORM:
____________________________________
________________________,_____________
___________________
Carlos Campos, City Attorney

CITY OF INDIAN WELLSDESERT

HOT SPRINGS
____________________________________
_____________________,________________
_________________
Scott Matas, Mayor
____________________________________
_____________________,Dated:

CITY OF INDIOINDIAN WELLS
____________________________________
_____________________,
_________________________________
Greg Sanders, Mayor
____________________________________
_____________________,Dated:
___________________________
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21 ___________________________
_________________________________
Frank Luckino, City Manager
ATTEST:
____________________________________
___________________,__________________
_______________
Daniel McVey, City Clerk
APPROVED AS TO FORM:
____________________________________
________________________,_____________
___________________
Jennifer Mizrahi, City Attorney
_________________________________
Christopher Freeland, City Manager
ATTEST:
____________________________________
___________________,__________________
_______________
Angelica Avila, City Clerk
APPROVED AS TO FORM:
____________________________________
________________________,_____________
___________________
Todd Leishman, City Attorney
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22 CITY OF LA QUINTAINDIO
____________________________________
_____________________,________________
_________________
Guadalupe Ramos Amith, Mayor
____________________________________
_____________________,Dated:
___________________________
_________________________________
Bryan Montgomery, City Manager
ATTEST:
____________________________________
___________________,__________________
_______________
Cynthia Hernandez, City Clerk
APPROVED AS TO FORM:
____________________________________
________________________,_____________
___________________
Steven P. Graham, City Attorney

CITY OF PALM DESERTLA QUINTA
____________________________________
_____________________,________________
_________________
Linda Evans, Mayor
____________________________________
_____________________,Dated:
___________________________
_________________________________
Jon McMillen, City Manager
ATTEST:
____________________________________
___________________,__________________
_______________
Monika Redeva, City Clerk
APPROVED AS TO FORM:
____________________________________
________________________,_____________
___________________
William H. Ihrke, City Attorney

CITY OF PALM SPRINGSDESERT
____________________________________
_____________________,________________
_________________
Karina Quintanilla, Mayor
____________________________________
_____________________,Dated:
___________________________
_________________________________
Todd Hileman, City Manager

CITY OF RANCHO MIRAGEPALM

SPRINGS
____________________________________
_____________________,________________
_________________
Jeffrey Bernstein, Mayor
____________________________________
_____________________,Dated:
___________________________
_________________________________
Scott Stiles, City Manager
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23 ATTEST:
____________________________________
___________________,__________________
_______________
Anthony Mejia, City Clerk
APPROVED AS TO FORM:
____________________________________
________________________,_____________
___________________
Isra Shah, City Attorney
ATTEST:
____________________________________
___________________,__________________
_______________
Brenda Pree, City Clerk
APPROVED AS TO FORM:
____________________________________
________________________,_____________
___________________
Jeffrey Ballinger, City Attorney
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24 COUNTYCITY OF RIVERSIDERANCHO
MIRAGE
____________________________________
_____________________,_______________________
__________
Steve Downs, Mayor
Dated: ___________________________
_________________________________
Isaiah Hagerman, City Manager
Chairman
____________________________________
_____________, County Executive Officer
ATTEST:
____________________________________
___________________,________________________
_________
Kristie Ramos, City Clerk of the Board
APPROVED AS TO FORM:
____________________________________
________________________, County Counsel
________________________________
Steven B, Quintanilla, City Attorney

COUNTY OF RIVERSIDE
_____________________________
_______
Chuck Washington, Chairman
_____________________________
_______
Jeff Van Wagenen, County
Executive Manager
ATTEST:
_____________________________
_______
Kimberly A. Rector, Clerk of the
Board
APPROVED AS TO FORM:
_____________________________
_______
Minh Tran, County Counsel
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25 EXHIBIT A
TERRITORIAL BOUNDARIES Formatted: Font: 11 pt
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City of La Quinta
CITY COUNCIL MEETING: March 5, 2024

STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SUBSECTION 3.25.050(G) OF THE LA QUINTA MUNICIPAL CODE RELATED TO

SHORT-TERM VACATION RENTALS REGARDING WRITTEN NOTICE AND

DECLARATION OF NON-USE

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

3.25.050(G) of the La Quinta Municipal Code related to Short-Term Vacation Rentals regarding written notice and declaration of non-use.

EXECUTIVE SUMMARY
 Chapter 3.25 of the La Quinta Municipal Code relates to short-term vacation rentals (STVRs), including permitted uses, STVR processes and permitting procedures, requirements, violations, fines, and other specific provisions, including (as relevant here) the ability for an owner, owner’s authorized agent or representative, or owner’s designated local contact person to voluntarily “opt-out” of the requirements of Chapter 3.25 after having received and holding an active STVR permit.
 The proposed amendment to Subsection (G) of Section 3.25.050 – STVR permit – Required” – streamlines requirements and aligns the code with existing practices.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
Amendments to the La Quinta Municipal Code (LQMC) are needed from time to time to align the code with current best practices, consolidate provisions, remove unnecessary detail, improve processes, and update terms. Pursuant to State statutory and case law, the City has broad authority to regulate STVR uses operating within the City.

BUSINESS SESSION ITEM NO. 1
165 CLICK HERE to Return to Agenda
Chapter 3.25 of the LQMC relates to short-term vacation rentals (STVRs), including permitted uses, STVR processes and permitting procedures, requirements, violations, fines, among other provisions. and other specific provisions. As relevant here, Chapter

3.25 currently includes the ability for an owner, owner’s authorized agent or representative, or owner’s designated local contact person to voluntarily “opt-out” of the City’s STVR requirements even after having received and holding an active STVR permit.

The proposed amendment to Subsection (G) of Section 3.25.050 – STVR permit – Required, does the following:
1) Clarifies that an owner, the owner’s authorized agent or representative and/or the owner’s designated local contact person may submit a written request or a declaration of non-use to opt-out of a current STVR permit, prior to the permit’s expiration.
2) Establishes a universal 12-month wait period applicable to all STVR permits that have voluntarily opted-out of the requirements of Chapter 3.25 prior to the STVR permit expiration, before they are eligible to apply for a new STVR permit. 3) Effectuate this code amendment as of January 1, 2023.

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

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

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AMENDING SUBSECTION

3.25.050(G) OF THE LA QUINTA MUNICIPAL CODE

RELATED TO SHORT-TERM VACATION RENTALS

REGARDING WRITTEN NOTICE AND DECLARATION OF

NON-USE
WHEREAS, Chapter 3.25 of the La Quinta Municipal Code (LQMC) relates to short-term vacation rentals (STVRs), including permitted uses, STVR processes and permitting procedures, requirements, violations, fines, and other specific provisions, including (as relevant here) the ability for an owner, owner’s authorized agent or representative, or owner’s designated local contact person to voluntarily “opt-out” of the requirements of Chapter 3.25 after having received and holding an active STVR permit; and
WHEREAS, the City has the authority to regulate residential uses, including STVR uses, operating within the City; and
WHEREAS, the proposed amendment to Subsection (G) of Section 3.25.050 – “Short-term vacation rental permit – Required” – streamlines the requirements and aligns the code with existing practices.

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

SECTION 1. Subsection (G) is of Section 3.25.050 – Short-term vacation rental permit – Required of the La Quinta Municipal Code shall be amended as written in “Exhibit A’ attached hereto and incorporated herein by this reference.

SECTION 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 3. RETROACTIVE APPLICATION: Upon the effective date of this Ordinance, the amendment to Subsection 3.25.050(G) shall be applicable from and after January 1, 2023. It is the expressed intent of the City Council by adopting this Ordinance to have the amendments enacted hereby to apply retroactively from and after the date aforementioned.

SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta.

SECTION 5. CORRECTIVE AMENDMENTS: the City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or 167
CLICK HERE to Return to Agenda
Ordinance No. XXX
Chapter 3.25 Short-Term Vacation Rentals – Amending Subsection 3.25.050(G) regarding Declaration of Non-Use Adopted: ____________, 2024

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