Agenda packet — La Quinta City Council, June 4, 2024 (part 1 of 3)

CITY COUNCIL AGENDA Page 1 of 8 JUNE 4, 2024

CITY COUNCIL
AGENDA

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

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, and 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)

2. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED
REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES MANAGER; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES’

ASSOCIATION, AND UNREPRESENTED EMPLOYEES

RECESS TO CLOSED SESSION
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
 DEPARTMENTAL REPORT ITEM NO. 1

CONSIDERED BEFORE ANNOUNCEMENTS,

PRESENTATIONS, AND WRITTEN

COMMUNICATIONS
 CONSENT CALENDAR ITEM NO. 9 WAS

PULLED AND CONSIDERED AS BUSINESS
SESSION ITEM NO. 1
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CITY COUNCIL AGENDA Page 2 of 8 JUNE 4, 2024

RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. CHUCKWALLA NATIONAL MONUMENT – DESIGNATION UPDATE BY

RESIDENT KATIE BARROWS, VOLUNTEER WITH THE PROJECT

CALIFORNIA DESERTS COALITION

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

PAGE

1. ADOPT RESOLUTIONS TO: A) APPROVE PRELIMINARY FISCAL YEAR 2024/25 ENGINEER’S ANNUAL LEVY REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND B) DECLARE INTENT TO LEVY

ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 [RESOLUTION NOS. 2024-019 AND 2024-020]
9 2. APPROVE JOINT USE OF FACILITY AND SERVICES AGREEMENT WITH THE

BOYS AND GIRLS CLUB OF COACHELLA VALLEY
39 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TY LIN

INTERNATIONAL FOR SEISMIC AND STRUCTURAL EVALUATION SERVICES FOR THE CITY OWNED LUMBER YARD BUILDING PROJECT NO. 2019-01; LOCATED AT 77895 AVENIDA MONTEZUMA
51 4. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ST. FRANCIS

ELECTRIC FOR ON-CALL TRAFFIC SIGNAL REPAIR SERVICES
91 5. APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC., FOR POOL AND WATER FEATURE MAINTENANCE SERVICES PROJECT NO. 2020-11, FOR A ONE-YEAR TERM

EXTENSION AND RELATED COMPENSATION
123

6. APPROVE AMENDMENT NO. 6 TO AB 2766 MEMORANDUM OF

UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF
129
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CITY COUNCIL AGENDA Page 3 of 8 JUNE 4, 2024

GOVERNMENTS TO PROVIDE FUNDING FOR THE REGIONAL PM10 STREET

SWEEPING PROGRAM

7. APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES

WITH ACORN TECHNOLOGY SERVICES FOR MANAGED INFORMATION

TECHNOLOGY SERVICES
133

8. AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC.

FOR ADDITIONAL SPENDING AUTHORITY UP TO $70,000 FOR ADDITIONAL WORK IN FISCAL YEAR 2023/24, AS A SINGLE SOURCE FOR MAINTENANCE

SERVICES WITHIN THE LIGHTING AND LANDSCAPE ASSESSMENT
DISTRICT 89-1 WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER 139

9. Pulled from Consent Calendar by Mayor Evans and considered as Business Session Item No. 1 >>> ADOPT RESOLUTION IN SUPPORT OF THE PROPOSED CHUCKWALLA NATIONAL MONUMENT [RESOLUTION NO. 2024-021] 141

10. AUTHORIZE OVERNIGHT TRAVEL FOR JUNIOR ACCOUNTANT AND

FINANCE MANAGER TO ATTEND THE CALPERS EDUCATIONAL FORUM IN SAN DIEGO, CALIFORNIA, OCTOBER 28-30, 2024
147

11. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2024
149

12. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2023/24 TREASURY REPORTS FOR JANUARY, FEBRUARY, AND MARCH 2024
155

13. APPROVE DEMAND REGISTERS DATED MAY 17 AND 24, 2024 225

BUSINESS SESSION
All Business Session items were renumbered due to pulling Consent Calendar Item No. 9 from the Consent Calendar and adding it for consideration under the Business Session section of the agenda.

PAGE

1. Pulled from Consent Calendar by Mayor Evans and considered under Business Session >>> ADOPT RESOLUTION IN SUPPORT OF THE PROPOSED CHUCKWALLA NATIONAL MONUMENT [RESOLUTION NO. 2024-021]
141

2.1. ADOPT RESOLUTIONS TO: 1) APPROVE AMENDMENT NO. 2 TO THE

AMENDED AND RESTATED AGREEMENT WITH BURRTEC WASTE AND

RECYCLING SERVICES, LLC FOR SOLID WASTE HANDLING SERVICES TO AMEND SECTION 8.18 RELATED TO ORGANIC WASTE PRODUCT TO
COMPLY WITH SB 1383; AND 2) REQUEST COUNTY OF RIVERSIDE PLACE

COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON TAX ROLLS FOR FISCAL YEAR 2024/25; AND 239
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CITY COUNCIL AGENDA Page 4 of 8 JUNE 4, 2024

APPROVE GENERAL FUND BUDGET APPROPRIATION FOR FISCAL YEAR 2023/24 [RESOLUTION NOS. 2024-022 AND 2024-023]

3.2. APPROVE CANCELLING THE REGULAR CITY COUNCIL MEETINGS OF AUGUST 20 AND SEPTEMBER 3, 2024
261

4.3. APPROVE MEMORANDUM OF UNDERSTANDING WITH COUNTY OF

RIVERSIDE FOR LIBRARY, MUSEUM, AND MAKERSPACE MANAGEMENT

AND THE PURCHASE OF A DEDICATED RESOURCE VAN
263

5.4. APPROVE THIRD ROUND COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2023/24
283

6.5. APPROVE SILVERROCK RESORT 2024/25 ANNUAL PLAN AND APPROVE AMENDMENT NO. 7 TO THE GOLF COURSE MANAGEMENT AGREEMENT

WITH LANDMARK GOLF MANAGEMENT, LLC
291

7.6. ADOPT RESOLUTION TO ADOPT THE CITY OF LA QUINTA LOCAL HAZARD

MITIGATION PLAN ANNEX TO THE RIVERSIDE COUNTY OPERATIONAL

AREA MULTI-JURISDICTIONAL LOCAL HAZARD MITIGATION PLAN TO

MAINTAIN ELIGIBILITY FOR FEDERAL GRANT FUNDING
[RESOLUTION NO. 2024-024]
323

8.7. RECEIVE AND FILE FISCAL YEAR 2023/24 BUDGET UPDATE REPORT AND

APPROVE THE RECOMMENDED BUDGET ADJUSTMENTS
389

STUDY SESSION
PAGE

1. DISCUSS FISCAL YEAR 2024/25 PRELIMINARY PROPOSED BUDGET 397 PUBLIC HEARINGS – None

DEPARTMENTAL REPORTS

1. Considered before Announcements, Presentations, and Written Communications >>> CITY MANAGER – TALUS/SILVERROCK EXECUTED MEMORANDUM OF

UNDERSTANDING
471

2. CITY ATTORNEY

3. CITY CLERK – SHORT-TERM VACATION RENTAL PROGRAM – QUARTERLY REPORT JANUARY – MARCH 2024
489

4. COMMUNITY SERVICES

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC SAFETY

8. PUBLIC WORKS
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CITY COUNCIL AGENDA Page 5 of 8 JUNE 4, 2024

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. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

14. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

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

16. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

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

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

19. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

20. CVAG PUBLIC SAFETY COMMITTEE (Peña)

21. CVAG HOMELESSNESS COMMITTEE (Peña)

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

23. SUNLINE TRANSIT AGENCY (Peña)

24. ANIMAL CAMPUS COMMISSION (Sanchez)

25. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez)

26. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez)

27. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

28. ART PURCHASE COMMITTEE (Sanchez & McGarrey)

29. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)

30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez)

31. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES OF MAY 15, 2024
497

ADJOURNMENT
*********************************
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CITY COUNCIL AGENDA Page 6 of 8 JUNE 4, 2024

The next regular meeting of the City Council will be held on June 18, 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 May 31, 2024.

DATED: May 31, 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:

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 CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 7 of 8 JUNE 4, 2024

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.].

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

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CITY COUNCIL AGENDA Page 8 of 8 JUNE 4, 2024
*** 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 of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTIONS TO: A) APPROVE PRELIMINARY FISCAL YEAR 2024/25 ENGINEER’S ANNUAL LEVY REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND B) DECLARE INTENT TO LEVY

ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1

RECOMMENDATION
A. Adopt a Resolution approving the preliminary 2024/25 Engineer’s Annual Levy Report for Landscape and Lighting Assessment District 89-1; and B. Adopt a Resolution declaring the City’s intent to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the Citywide Landscape and Lighting Assessment District 89-1 and giving notice thereof.

EXECUTIVE SUMMARY
• Annually, Council must take certain actions to allow the City to levy annual assessments pertaining to Citywide Landscape and Lighting Assessment District 89- 1 (District).
• These actions include adopting the recommended resolutions and scheduling a public hearing (Hearing).
• The annual assessments fund 25% of the citywide landscape, lighting, median, and parkways maintenance costs. The fiscal year (FY) 2024/25 assessment rate will remain at $35.60 per dwelling/parcel also identified as an equivalent benefit unit (EBU). This has been the rate since 1997.
• Any increase to the assessment rate requires a benefit analysis; new assessments must then be approved by a majority vote of all property owners within the City, which comprises the District.

FISCAL IMPACT
The estimated FY 2024/25 cost for retention basin maintenance, and median and parkway landscape and lighting maintenance is $4,000,700 (Table 1 on page 12 of Exhibit A).

CONSENT CALENDAR ITEM NO. 1
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The EBU will generate an estimated $997,118. The City will also receive $150,000 from County Service Area 152, levied by Riverside County, for retention basin maintenance. The combined income is projected to be $1,147,118, leaving a shortfall, funded by the General Fund, of $2,853,582.

BACKGROUND/ANALYSIS
In 1989, the City formed the District to fund the maintenance, construction, and servicing of landscape areas, streetlights and traffic signals. Pursuant to the Landscape and Lighting Act of 1972, the City must annually perform a series of activities as outlined in Attachment 1, including preparation of an annual engineer’s report.

The FY 2024/25 Preliminary Engineer’s Annual Levy Report (Engineer’s Report), included as Exhibit A to the first resolution, has been prepared by City staff and Willdan Financial Services (Willdan), who provides parcel recognition support to establish the maintenance budget and identify the benefitting parcels. Below is a comparison of the FYs 2023/24 and 2024/25 Engineer’s Reports (Table 2 on page 13 of Exhibit A).

FY 2023/24 FY 2024/25
Citywide Benefit Zone Yes Yes
Number of Local Benefit Zones 6 6
Number of Equivalent Benefit Units (EBU’s) 27,782 28,009 EBU Rate $35.60/EBU $35.60/EBU
District Revenue $989,016 $997,118
Willdan projects an increase of 227 in EBU’s from FYs 2023/24 to 2024/25; actuals will be based on the final FY 2024/25 County Secured Tax Roll.

All property owners, including those within the six local benefit zones, would be assessed a flat rate. The methodology has remained the same under the provisions of Proposition 218, which prohibits assessment increases without the approval of a simple majority of property owners in a public vote within the District.

The Council is required to approve the Engineer’s Report and schedule a public hearing to allow property owners an opportunity to provide testimony regarding any proposed changes. The hearing is scheduled for June 18, 2024.

Approving the Engineer’s Report does not impose the proposed EBU; the City can only levy the fee after a public hearing. Upon conclusion of the hearing, Council may consider the testimony and a resolution confirming the assessment diagram and EBU Rate.

The Engineer’s report also includes an annual review of the general funds budgeted for parks (Table 1) for Council to consider if they ever chose to pursue the creation of a Parks Assessment District.
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ALTERNATIVES
Council may elect to increase assessments in order to fully fund the District costs. Staff projects that the assessment would need to increase to $142.83 per EBU to balance the District budget. If Council selects this option, a District-wide benefit analysis and approval of the new assessments by vote of all affected property owners would be required.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Annual Activities Report

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RESOLUTION NO. 2024 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY
ENGINEER’S REPORT FOR FISCAL YEAR 2024/2025 IN

CONNECTION WITH LA QUINTA LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1
WHEREAS, the City Engineer has prepared and filed a report entitled “La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer’s Report” (the “Report”) with the City Clerk of the City of La Quinta; and WHEREAS, the Report has been presented to City Council for review; and WHEREAS, the City Council has carefully examined and reviewed such Report.

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

SECTION 1. The Report, as filed, is hereby approved, included hereto as “Exhibit A” and incorporated herewith by this reference.

SECTION 2. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll.

SECTION 2. This Resolution shall go into effect upon adoption.

PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
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Resolution No. 2024 – XXX
Preliminary Engineer’s Report L&L District 89-1
Adopted: June 4, 2024

Page 2 of 2 ends

ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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City of La Quinta
Street Lighting and Landscape
District No. 89-1
2024/2025 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 4, 2024
Public Hearing: June 18, 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com

EXHIBIT A
RESOLUTION NO. 2024-XXX
PRELIMINARY ENGINEER'S REPORT L&L DISTRICT 89-1
ADOPTED: JUNE 4, 2024
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AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT
City of La Quinta
Street Lighting and Landscape District No. 89-1
Riverside County, State of California
This Report and the enclosed diagrams show the exterior boundaries of the District therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2024/2025, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2024.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of La Quinta
By: ________________________________
Daniel Louie
Project Manager, District Administration Services
By: ________________________________
Tyrone Peter
P.E. # C 81888
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ENGINEER'S REPORT

CITY OF LA QUINTA

STREET LIGHTING AND LANDSCAPE
DISTRICT NO. 89-1
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of , 2024.

BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of , 2024.

BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of , 2024.

BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
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TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 1
C. HISTORICAL BACKGROUND AND LEGISLATION 2
II. DESCRIPTION OF THE DISTRICT 2
A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT 2 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2
C. IMPROVEMENTS WITHIN THE DISTRICT 4
III. METHOD OF APPORTIONMENT 5
A. GENERAL 5
B. BENEFIT ANALYSIS 5
C. METHODOLOGY 6
IV. DISTRICT BUDGETS 10
A. DESCRIPTION OF BUDGET ITEMS 10
B. 2024/2025 DISTRICT BUDGET 11
APPENDIX A – DISTRICT ASSESSMENT DIAGRAM 14
APPENDIX B – 2024/2025 COLLECTION ROLL 15
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2024/2025 City Of La Quinta L&L 89-1 Page 1 of 15
I. OVERVIEW
A. INTRODUCTION
The City of La Quinta (the “City”) annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the “District”). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the “1972 Act”), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto.

This Engineer’s Annual Levy Report (the “Report”) describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2024/2025.

The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number (“APN”) by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments.

Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit.

Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the City Council may order the levy and collection of assessments for Fiscal Year 2024/2025 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the Riverside County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2024/2025.

B. COMPLIANCE WITH CURRENT LEGISLATION
The District was formed in 1989 pursuant to the 1972 Act. As such, the City has determined that pursuant to California Constitution Article XIIID Section 5 Subsection A the existing assessments are exempt from the substantive and procedural requirements of Proposition 218. Any new or increased assessments above the maximum assessment rates previously approved and levied by the City Council would be subject to both the substantive and procedural requirements of the Proposition.
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2024/2025 City Of La Quinta L&L 89-1 Page 2 of 15
C. HISTORICAL BACKGROUND AND LEGISLATION
The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit.

This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels.

The City Council reviews the current and projected years’ costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30.

II. DESCRIPTION OF THE DISTRICT
A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference.

B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. 19 CLICK HERE to Return to Agenda
2024/2025 City Of La Quinta L&L 89-1 Page 3 of 15
• The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the Riverside County (the “County”) for collection of assessments;
• Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
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2024/2025 City Of La Quinta L&L 89-1 Page 4 of 15
C. IMPROVEMENTS WITHIN THE DISTRICT
The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows:
• Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights-of-way, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights-of-way and easements within the boundaries of the District. • Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste.
• Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this Report. 21 CLICK HERE to Return to Agenda
2024/2025 City Of La Quinta L&L 89-1 Page 5 of 15
III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities.

The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an
assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel.

B. BENEFIT ANALYSIS
Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties.

Special Benefits
The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of wellmaintained landscaping and lighting improvements in close proximity to those properties.

The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement.

The special benefits associated with the landscaping improvements are specifically:
• Enhanced desirability of properties through association with the 22 CLICK HERE to Return to Agenda
2024/2025 City Of La Quinta L&L 89-1 Page 6 of 15
improvements.
• Improved aesthetic appeal of properties within the District providing a positive representation of the area.
• Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, and dust and debris control.
• Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.

The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically:
• Enhanced deterrence of crime – an aid to police protection. • Increased nighttime safety on roads and highways.
• Improved visibility of pedestrians and motorists.
• Improved ingress and egress to and from property.
• Reduced vandalism, damage to improvements or property, and other criminal acts.
• Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased promotion of business during nighttime hours in the case of commercial properties.

The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.

C. METHODOLOGY
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the 23 CLICK HERE to Return to Agenda
2024/2025 City Of La Quinta L&L 89-1 Page 7 of 15
improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel.

The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel.

Equivalent Benefit Units
To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Benefit Unit (“EBU”) factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EBU. The EBU method assessment for this District uses the Single-Family Residential parcel as the basic unit of assessment. A Single Family Residential (“SFR”) parcel equals one EBU.

Every other land-use is assigned an EBU factor based on an assessment formula that equates the property’s specific land-use and relative special benefits compared to the Single-Family Residential parcel.

The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EBU factors applied to that land use and the multiplying factor used to calculate each parcel’s individual EBU for each improvement provided in the District.

During the formation of the District, a methodology was developed to calculate the EBUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EBUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EBU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EBU as reflected in the Assessment Methodology.
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Single-Family Residential
The City’s General Plan allows up to one acre of area for subdivided residential lots. The subdivided single-family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EBU.

Multi-Family Residential
Multi-Family Residential parcels are assessed one-half (0.5) EBU per unit.

Non-Residential
The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EBUs per acre with a minimum number per parcel of one (1) EBU.

Vacant Residential
Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EBU per parcel.

Vacant Non-Residential
Parcels not considered single family residential parcels less than one acre and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non-Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EBU per acre or any portion of an acre. The minimum number of EBUs per parcel is one (1) EBU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs.

Land Use EBU Factor
Exempt Parcels 0.0
Single Family Residential Parcels 1.0 per unit
Multi-Family Residential Parcels 0.5 per unit
Non-Residential Parcels 5.0 per acre; 1.0 minimum
Vacant Residential Parcels 0.33 per unit
Vacant Non-Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum
Agricultural Parcels 0.25 per acre; 1.0 minimum
Hillside Conservative Zone Parcels 0.10 per acre
Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential 1.0 + 0.33 per acre in excess 1 acre 25 CLICK HERE to Return to Agenda
2024/2025 City Of La Quinta L&L 89-1 Page 9 of 15
Golf Courses
Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EBU per acre or any portion of an acre. The minimum number per parcel is one (1) EBU.

Agricultural
Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EBU per acre or any portion of an acre. The minimum number per parcel is one (1) EBU.

Hillside Conservation
Parcels located in areas zoned Hillside Conservation per the City’s Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EBU per acre or any portion of an acre.

Vacant and Remote Non-Residential Parcels (LAFCO Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non-Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant NonResidential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non-Residential parcels are assessed a rate of 0.825 EBUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EBU per parcel.

Rural/Estate Residential
Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EBU for the first acre and 0.33 EBUs for each additional acre or portion of an acre.

Exempt Property
Publicly owned property and utility rights-of-way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land.

This Report does not propose an increase in the District’s assessment rates for Fiscal Year 2024/2025 over or above the maximum rate established. The proposed rate per EBU for Fiscal Year 2024/2025 is the same rate assessed for Fiscal Year 2023/2024. The base assessment rate to be approved for Fiscal Year 2024/2025 is $35.60.

The maximum assessment rate per EBU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EBU. This equates to total projected assessment revenue of $997,118. 26 CLICK HERE to Return to Agenda
2024/2025 City Of La Quinta L&L 89-1 Page 10 of 15
The City proposes the remaining $7,652,882 be funded through a General Fund contribution of $7,502,882 and $150,000 of revenue from CSA 152.

IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate.

The following describes the services and costs that are funded through the District, shown in the District Budgets.

District Costs
Personnel – Reflects relevant City Staff salaries, wages and benefits, and also includes Worker’s Compensation Insurance, Stand-By, and Overtime Labor.

Contract Services – Includes contracted labor, such as the County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service.

Rental Services – Reflects funds used for the purpose of uniform rental.

Vehicle Operations – Includes the maintenance of fleet vehicles.

Utilities – Includes the electric, telephone, and water services.

Travel Training & Meetings – Reflects the funds used for the purposes of training and meetings.

Information Technology – Includes computers, printers, and other related items and services.

Operating Supplies – This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti.

Small Tools/Equipment – Includes non-capital small tools and equipment.

District Administration – The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District including any required notices, mailings or property owner protest ballot proceedings.
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2024/2025 City Of La Quinta L&L 89-1 Page 11 of 15
B. 2024/2025 DISTRICT BUDGET
For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2024/2025 is summarized on the next page in Table 1. 28 CLICK HERE to Return to Agenda
2024/2025 City Of La Quinta L&L 89-1 Page 12 of 15
Table 1 - Fiscal Year 2024/2025 Budget
Category Description
Estimated
Expenditures Funding
Fiscal Year
2024/2025
L & L
Assessments
General Fund–
Parks
Personnel
Salaries-Permanent Full Time $616,600 $266,500 $350,100 Other Benefits & Deductions 259,750 124,800 134,950
Stand By 0 0 0
Stand By Overtime 0 0 0
Overtime 500 500 0
Total Personnel $876,850 $391,800 $485,050
Contract Services
Annual Lighting & Landscape
Report $0 $0 $0
Civic Center Campus Lake
Maintenance 30,000 0 30,000
Lighting Contract Services 80,000 80,000 0
Financial Services Admin. Fee 0 0 0
Citywide Maintenance Contract 2,830,000 1,630,000 1,200,000 Undeveloped Parks PM10 Services 0 0 0
Maintenance & Repair 790,000 300,000 490,000
CVWD Lease-Pioneer Dog Park 0 0 0
Tree Trimming 510,000 500,000 10,000
Janitorial Services 0 0 0
Security Service - Corporation Yard 0 0 0
Fritz Burns Park 180,000 0 180,000
Lighting Service 1,000 0 1,000
SilverRock Way Landscaping 85,000 65,000 20,000
Total Contract Services $4,506,000 $2,575,000 $1,931,000 Rental Services Uniforms $8,500 $3,500 $5,000
Total Rental Services $8,500 $3,500 $5,000
Park Equipment
Vehicle Operations
Facilities Charges $0 $0 $0
Fleet Maintenance 213,700 58,300 155,400
Facility & Equipment Depreciation 1,000,000 0 1,000,000 Total Operations $1,213,700 $58,300 $1,155,400
Utilities Gas $0 $0 $0
Electric 377,350 120,000 257,350
Phone $1,000 $0 $1,000
Water 499,100 215,000 284,100
Total Utilities $877,450 $335,000 $542,450
Travel Training &
Meetings
$9,500 $4,500 $5,000
Total Travel Training & Meetings $9,500 $4,500 $5,000
Information
Technology
Computers Printers and Services $187,700 $86,600 $101,100 Total Information Technology $187,700 $86,600 $101,100
Operating Supplies
Plant Replacement $900,000 $500,000 $400,000
Graffiti Removal 25,000 10,000 15,000
Safety Gear 3,800 2,500 1,300
Field Materials 21,000 15,000 6,000
Total Operating Supplies $949,800 $527,500 $422,300
Small Tools /
Equipment
Non-Capital $5,000 $3,000 $2,000
Total Small Tools/Equipment $5,000 $3,000 $2,000
Total Landscape & Lighting Budget $8,634,500 $3,985,200 $4,649,300 District
Administration
Public Works Administration $0 $0 $0
Citywide Administration $15,500 $15,500 $0
Total District Administration $15,500 $15,500 $0
Total Landscape & Lighting Expenditures $8,650,000 $4,000,700 $4,649,300 Less CSA 152 Revenue $150,000 $150,000 $0
Less General Fund Contribution 7,502,882 2,853,582 4,649,300 Balance to Levy $997,118 $997,118
Total EBU 28,009.35
Levy Per EBU $35.60
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2024/2025 City Of La Quinta L&L 89-1 Page 13 of 15
The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City’s Planning Department. The land use categories were developed to classify the different land use types in the City.

Table 2
(1) The difference in the “Balance to Levy” amount in Table 1 and the total FY 2024/2025 Levy amount in Table 2 is a rounding difference due to the County even penny requirement for each charged parcel.

Actuals will be based on the final County Secured Roll for Fiscal Year 2024/2025.

Differences are generally due to changes in County Land Use Classifications or Assessor’s Parcel Number changes.

Land Use
FY
2024/2025
Parcel
Count
County
Acres
Prior Year
EBU
Prior Year
Levy
FY 2024/2025
EBU
FY
2024/2025
Levy (1)
Agricultural 17 371.44 93.22 3,318.60 93.22 $3,318.60
Exempt 51 102.23 0.00 0.00 0.00 $0.00
Golf Course 284 3,498.08 1,806.17 64,298.16 1,806.17 $64,298.16 Hillside
Conservation 13 318.93 31.89 1,135.28 31.89 $1,135.28
Multi-Family
Residential 34 94.93 635.00 22,606.00 635.00 $22,606.00 Non-Residential 284 592.95 2,923.75 104,085.50 2,979.55 $106,071.98 Rural/ Estate 54 111.70 90.86 3,234.20 90.86 $3,234.20
Vacant/ Remote 15 146.20 120.62 4,293.80 120.62 $4,293.80 Single Family
Residential 21,272 3,914.36 21,272.00 757,283.20 21,272.00 $757,283.20 Vacant
Residential 1,391 884.97 460.02 16,365.62 461.67 $16,424.32 Vacant NonResidential 194 531.23 485.63 17,286.68 518.37 $18,452.00 Total 23,609 10,567.02 27,919.17 $993,907.04 28,009.35 $997,117.54 30 CLICK HERE to Return to Agenda
2024/2025 City Of La Quinta L&L 89-1 Page 14 of 15
APPENDIX A – DISTRICT ASSESSMENT DIAGRAM
The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference.

The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor’s Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report.

The attached Landscape Maintenance Map displays the landscape maintenance areas within the City.
31 CLICK HERE to Return to Agenda
Cactus
Flower
Esplanade
Monticello
Wild
Flower Sun
Flower
Jefferson
Square
La Quinta
Palms Rancho
Ocotillo
Quinterra
Sonrisa Desert
Flower
La Quinta
Highlands
Acacia La Quinta
Del Oro
Palm Royale C.C.

Bella Vista
Starlight
Dunes
Desert Pride
(Reunion)
Marbella
Point
Happy
Estates
Del Rey
Topaz
Aliso Del Rey
Aliso II
Highland
Palms
Rancho La Quinta
Miraflores
Watercolors
Desert Cove
Lake
La Quinta
Hadley
Villas
Hidden Canyon
Laguna De La Paz
Legacy Villas Rancho La Quinta
Talante
Renaissance
Althea
Parc La Quinta
Desert Club
Manor TR 1
Montero
Estates
La Quinta
Golf Estates
La Quinta
Club & Resort
Lago La Quinta
La Quinta
C.C. Estates
Villas of
La Quinta
Haciendas at
La Quinta
The
Seasons
Duna La Quinta
La Quinta
Fairways
Bajada
Painted
Cove
The Citrus
Desert
Club
TR
Unit 5
Estancias Palmilla
Watermark
Villas
Citrus
El Dorado
Gold
Reserve
Mountain View C.C.

La Quinta
Polo Estates
Diamante
La Canterra
Polo
Estates
La Quinta
Polo Estates
Codorniz
The Hideaway
Madison Club
Rancho Santana
Carmela
Griffin Ranch
PGA West
Greg Norman
Monterra
The Estates at
La Quinta
PGA West
Legends
The Village
at the Palms
Capistrano
Piazza
Serena
Andalusia
Trilogy
Palizada
Village at
Coral Mtn.

Stone Creek
Ranch
Coral Mtn
Estates
PGA West
Palo
Verde
Santa
Rosa
Trails
Alta
Verde
Lions
Gate
Santerra
The Quarry
Puerta Azul
PGA West
Residence Club
Silver Rock
Resort
Tradition
Malaga
YMCA
Seasons
Dog Park
Cove
Oasis
La Quinta
High School
Vista
Dunes
Fire Station #93
Fire Station #70
Fire Station #32
La Quinta
Entrance Monument
(Water Feature)
La Quinta
Entrance Monument
(Water Feature)
L a n d s c a p e M a i n t e n a n c e M a p

FRED WARING DR

JEFFERSON ST

DUNE PALMS RD

WASHINGTON ST

WASHINGTON ST
48TH AVENUE

JEFFERSON ST
52ND AVENUE
CALLE

TAMPICO

MADISON ST
54TH AVENUE

MADISON ST
58TH AVENUE
Facilities Department
Maintenance Division
Contact: James Lindsey, Maintenance Manager
Email: [email protected]
Direct Tel. (760) 777-7052
Design & Development Department
Engineering Division
GIS Contact: Ubaldo Ayón, Management Specialist
Email: [email protected]
Direct Tel. (760) 777-7051
AIRPORT BLVD.

MILES AVENUE
·|þ}1 1 1
·|þ}1 1 1
0 0.125 0.25 0.5 0.75 1
Miles
ADAMS ST.

FRED WARING DR

MILES AVENUE
50TH AVENUE
52ND AVENUE
48TH AVENUE
50TH AVENUE
CALLE

TAMPICO

AVENIDA BERMUDAS

EISENHOWER DR

AVENIDA

MONTEZUMA
54TH AVENUE
58TH AVENUE
60TH AVENUE
62ND AVENUE

MONROE ST MONROE ST
Date: March 22, 2019
This map is for reference only.

Legend
Parkway Maintained by LLD (~89,257ft)
Parkway Maintained by LLD (Wall Adjacent ~36,005ft)
Parkways Maintained by HOA or Property Owners
Facilities Maintained by LLD
COLQCityLimits

CALLE RONDO

PARK ST

CALLE SINALOA
DESERT

CLUB DR

SAGEBRUSH AVE CALEO

CALLE TECATE
53RD AVENUE

EISENHOWER DR
47TH AVE
SIMON
DR
SEELEY
DR
AUTO
CTR DR

WESTWARD HO DR
BAY
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APPENDIX B – 2024/2025 COLLECTION ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor’s Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared.

Non-assessable lots or parcels may include government owned land, public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed.

A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report.

Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2024/2025. If the parcels or APNs within the District and referenced in this Report, are re-numbered, re-apportioned or changed by the County Assessor’s Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. 33 CLICK HERE to Return to Agenda
RESOLUTION NO. 2024 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION

TO LEVY THE ANNUAL ASSESSMENTS FOR

CONSTRUCTION, MAINTENANCE, AND SERVICING

LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN

THE BOUNDARIES OF THE TERRITORY INCLUDED IN

THE CITYWIDE LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 AND TO LEVY AND

COLLECT ASSESSMENTS PURSUANT TO THE
LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING

NOTICE THEREOF
WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as “the Act”), for the formation of a Landscape and Lighting Assessment District designated “La Quinta Landscape and Lighting Assessment District 89-1,” shall include all of the territory located within the boundaries of the City; and
WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89-1 for the Fiscal Year commencing July 1, 2024 and ending June 30, 2025 to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and associated facilities located within public places in the City; and
WHEREAS, the Engineer selected by the City Council has prepared and filed a report in connection with the Landscape and Lighting Assessment District 89-1 with the City Clerk of the City of La Quinta; and
WHEREAS, the report has presented to the City Council and the City Council did, by previous Resolution, approve such report.

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

SECTION 1. The City Council has previously formed Landscape and Lighting Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500.

SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer’s Report for Landscape and Lighting 34 CLICK HERE to Return to Agenda
Resolution No. 2024 – XXX
Intent to Levy L&L District 89-1
Adopted: June 4, 2024

Page 2 of 3 ends

Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2024 and ending June 30, 2025 to pay for the costs and expenses of the improvements described in Section 4 hereof.

SECTION 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City.

SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District.

SECTION 5. Notice is hereby given that June 18, 2024, at 5:00 p.m., at the City Council Chamber, located at 78495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Meeting by the City Council to allow public testimony regarding the assessment.

SECTION 6. Notice is hereby given that June 18, 2024, at 5:00 p.m., at the City Council Chamber, located at 78495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed to hold a duly noticed Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard.

SECTION 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act.

SECTION 8. The City Council hereby designates The Desert Sun as the newspaper in which notice of the Public Hearing shall be published.

SECTION 9. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll.

SECTION 10. This Resolution shall go into effect upon adoption. 35 CLICK HERE to Return to Agenda
Resolution No. 2024 – XXX
Intent to Levy L&L District 89-1
Adopted: June 4, 2024

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PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 4
th day of June 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
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ATTACHMENT 1

ANNUAL ACTIVITIES

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Adopt the following Resolutions:

1. Approve Preliminary Engineer’s Report (June 4, 2024).

2. Intention to levy annual assessment and notice of Public Meeting/Hearing (June 18, 2024).

3. Conduct a Public Meeting to allow testimony regarding the proposed assessments prior to Public Hearing (June 18, 2024).

4. Conduct a Public Hearing to allow written protests of the proposed assessment to be considered by the City Council prior to adoption of the final assessments (June 18, 2024).
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CONSENT CALENDAR ITEM NO. 2
City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: APPROVE JOINT USE OF FACILITY AND SERVICES AGREEMENT

WITH THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY

RECOMMENDATION
Approve Joint Use of Facility and Services Agreement with the Boys and Girls Club of Coachella Valley; and authorize the City Manager to execute the Agreement.

EXECUTIVE SUMMARY
• The City contracts with the Boys and Girls Club of Coachella Valley (Club) for the use of the President Gerald R. Ford Boys and Girls Club facility. • The City uses the classroom spaces and gymnasium for recreation programs and community activities.

FISCAL IMPACT
The four-year agreement (Attachment 1) provides $40,000 per fiscal year (FY) to fund Club sponsored youth programs. Annual payments are $20,000 from the General Fund (101-3001-60135) and up to $20,000 from Community Development Block Grant (CDBG) funds (210-0000-60135). Funds will be budgeted for each FY the agreement is in effect.

BACKGROUND/ANALYSIS
In February 1992, the Club entered a 40-year land lease with the City wherein the Club leased City land and constructed a facility for youth/sports programs. The land lease expires in 2033 years. In December 1995, the Council approved the first Facility Use Agreement with the Club. Through this, and subsequent Agreements, the City provides youth and adult sports programs at the facility, and the Club also receives City funds to provide recreation programs to children ages 7 to 17 throughout the year.

The four-year agreement term is July 1, 2024 to June 30, 2028 with an option to renew for an additional two years.

ALTERNATIVES
Since this is a long-standing partnership to support youth programming, staff does not recommend an alternative.
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Prepared by: Michael Calderon, Community Services Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachment: 1. Joint Use of Facility and Services Agreement

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JOINT USE OF FACILITY AND SERVICES AGREEMENT
This Joint Use of Facility and Services Agreement (the “Agreement”) is hereby entered into by and between the BOYS AND GIRLS CLUB OF COACHELLA VALLEY, a chapter member of the BOYS AND GIRLS CLUB OF AMERICA, a nonprofit organization (the “CLUB”), and the CITY OF LA QUINTA, a California municipal corporation (the “CITY”), as of this 1 day of July, 2024 (the “Effective Date”). CITY and CLUB are hereinafter sometimes referred to individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the CITY is the owner of certain real property located in the City of La Quinta consisting of approximately 3.06 acres and improved with a facility more commonly known as the President Gerald R. Ford Boys and Girls Club of La Quinta (“Facility”); and
WHEREAS, on or about February 4, 1992, the CITY entered into a 40-year lease with the CLUB for the purpose of allowing the CLUB to build and utilize the Facility, which lease has been amended on four (4) prior occasions (as amended, the “Lease”); and WHEREAS, the CITY desires to use the Facility, and the CLUB desires to grant a license to the CITY, to enter upon, occupy, use and operate, according to the terms, condition and covenants herein contained, the Facility (with the exception of and subject to the terms contained in the “Reserved Areas” identified in Section 1.3 below), for recreation purposes; and
WHEREAS, as a condition of this Agreement, the CLUB has agreed to allow the CITY to utilize, subject to the restrictions and conditions set forth herein, the Facility; and WHEREAS, the CITY is the owner of a classroom attached to the west side of the Facility more commonly known as the “Fitness Classroom”; and WHEREAS, the CLUB desires to use the Fitness Classroom, and the CITY desires to grant a license to the CLUB, to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Fitness Classroom, for recreation purposes; and
WHEREAS, on or about March 16, 2020, the Club suspended all programming due to the onset of the COVID-19 pandemic; the City and Club have mutually agreed to work together to continue to provide services in compliance with COVID-19 for health and safety, sanitation, and social distance protocols; and
WHEREAS, during the fiscal year 2021/2022 the Club resumed programs and services for the youth; and
WHEREAS, the CLUB and CITY wish to continue programs and services for the youth through fiscal year 2028/29; and
WHEREAS, this Agreement sets forth the terms and conditions for the CITY’s use of the Facility and the CLUB’s use of the Fitness Classroom, as well as the rights and 41 CLICK HERE to Return to Agenda
obligations of the Parties hereto with respect to the shared use, operations, maintenance, and funding requirements associated with this Agreement.

AGREEMENT
NOW THEREFORE, in consideration of the recitals set forth above, which are incorporated herein by this reference, the covenants and agreements set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CLUB and the CITY agree as follows:

1.0 SHARED USE OF FACILITY; SHARED USE OF FITNESS CLASSROOM

1.1 CLUB Grant of Use of Facility. Except for those office areas identified as reserved in Section 1.7 below, the CLUB hereby grants to the CITY for a term beginning July 1, 2024, to June 30, 2028, a license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, the Facility during the time frame set out for CITY use in Section 1.2 below.

1.2 Basic Schedule for CITY Use ("CITY Time").

Mondays – Thursdays 7 p.m. – 10 p.m. (Year-Round)
Saturdays 6 p.m. – 10 p.m. (Year-Round)
7 a.m. – 6 p.m. (Up to 6 times per calendar
year with CLUB’s Staff approval)
Sundays 7 a.m. – 10 p.m. (Year-Round)

1.3 CITY Grant of Use of Fitness Classroom. The CITY hereby grants to the CLUB for a term beginning July 1, 2024, to June 30, 2028, a license to enter upon, occupy, use and operate, according to the terms, conditions and covenants herein contained, supervised access to the Fitness Classroom upon prior written approval of CITY staff.

1.4 Quarterly Schedule Review. The CLUB and the CITY shall meet and confer at least quarterly to discuss their programming plans for the Facility and Fitness Classroom and avoid duplication of services as both Parties agree is reasonable. The CITY shall implement a program plan within 60 days from the date of this Agreement and maintain said plan in accordance with its terms.

1.5 Permitting Other Group Use. During such periods of CITY time that the CITY does not have a proposed group use of the Facility, the CITY may permit public benefit groups (“Permittees”) to utilize such periods of CITY time. If it does so, the CITY will take the necessary steps to require the Permittees to meet the insurance and all other requirements of this Agreement.

1.6 Duty to Supervise. During all such times as all or part of the Facility is permitted by the CITY to be used by one or more Permittees, the CITY shall provide competent, on-site supervision of said Permittees by an appropriate contingent of responsible adults, and such appropriate security therefore necessary to prevent property damage or intentional personal injury.
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1.7 Liability for Damage. CITY shall be liable for all property damage and personal injury that occurs solely as a result of actions by CITY or CITY’s guests or attendees with respect to the use of the Facility and shall hold the CLUB harmless from any and all such liability. CLUB shall be liable for all property damage and personal injury that occurs solely as a result of actions by CLUB or CLUB’s guests or attendees with respect to the use of the Fitness Classroom and shall hold the CITY harmless from any and all such liability.

1.8 Specific Violations of Facility Use. Without limitation as to other possible violations of the Facility use, the CITY shall specifically not permit the following uses:

1.8.1 Political Activities. CITY shall abide by CLUB's facility use policies and shall not permit or tolerate the use of the Facility for campaigning or otherwise working for the nomination or election of any individual to any public office, partisan or nonpartisan, or for any ballot measure, including any initiative, referendum, or advisory vote, except with the advance written permission of the CLUB, as a forum for open public debate by candidates on the condition that no member of the public shall be excluded therefrom.

1.8.2 Alcohol, Drugs, or Tobacco. CITY shall abide by CLUB's facility use policies and not allow alcohol, illegal drugs, or tobacco to be sold, used or consumed in, on or around the Facility. CITY shall not permit or allow any portion of the Facility to be rented or utilized by any person, group or company that intends to provide alcoholic beverages at an event or meeting. The CITY shall make these facts known, in writing and through oral communications, to all staff members and participants at the Facility.

1.9 Reserved Areas.

1.9.1 CLUB Office Areas. Excepted from the license herein granted to CITY is the area of the CLUB's staff offices.

1.9.2 Storage Areas. Excepted from the license herein granted is the area of the CLUB's storage for games and supplies which is hereby specifically reserved and granted to the exclusive and full-time use of the CLUB during the term of this Agreement.

2.0 OPERATIONS.

2.1 Fees. CITY may charge attendance fees to its invitees and users.

2.2 Log Book. Each Party shall keep, maintain and permit the inspection by the other Party of, a joint log book in a form approved by the CLUB and the CITY in which the CITY and the CLUB shall maintain a record of acts of vandalism, repairs, incidents of graffiti, and other major incidents.

2.3 Procedure Training. CITY shall cause and train its employees to comply with procedures in a manual ("Procedures Manual") the CLUB prepares regarding utility turnoffs, alarm responses, locking up/closing, key distribution, facility damage (including graffiti reporting). The CLUB shall provide CITY with a copy of hereby mentioned Procedures Manual and provide CITY with a facility alarm code.

2.4 Key Provision. Parties will coordinate on providing keys and lock up procedures and use of the alarm system.
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2.5 Maintenance. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Facility at the conclusion of their daily time allotment in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Facility. The Facility shall be kept and maintained in a clean, sanitary, and safe condition as established by the CLUB. The CLUB shall also be responsible for acceptable maintenance of all landscape areas, playgrounds, parking lots, and trash enclosure. Except for conditions which may be corrected by normal janitorial services, all Parties shall leave the Fitness Classroom at the conclusion of any use in a neat and clean condition and one that does not impose any additional duty on the janitorial and custodial services staff, or upon the next occupant of the Fitness Classroom. The Fitness Classroom shall be kept and maintained in a clean, sanitary, and safe condition as established by the CITY.

3.0 MUTUAL INDEMNITY AND RELEASE. Reciprocal Indemnity for Invitee's, Employee's or Trespasser's Personal and Property Injuries. Each Party ("Indemnifying Party") indemnifies each other Party ("Indemnified Party"), holds the Indemnified Party harmless, and agrees to defend the Indemnified Party against loss, damage or liability on a claim, the adverse judgment, adverse order on, or good faith settlement of, such a claim, including attorney’s fees and court costs in defending such claim, suffered by an Indemnified Party due to personal injury to, or damage to the property of, an invitee (including a Permittee) of an Indemnified Party ("Indemnified's Invitee"), an employee ("Indemnified's Employee") of an Indemnified Party, or to a trespasser or other uninvited person, at the Facility and/or Fitness Classroom primarily caused by the act or omission of the Indemnifying Party, its employees or invitees.

4.0 INSURANCE. The Parties agree to provide insurance in accordance with the provisions of this Section 3.

4.1 CITY’s Insurance Obligation. Without limiting the indemnification provisions provided herein, the CITY, at its sole expense, shall obtain and keep in force during the term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about (i) the Facility resulting from any actions or omissions of the CITY or any use of the Facility by the CITY or its invitees in accordance with the terms of this Agreement, or (ii) the Fitness Classroom resulting from any actions or omissions of the CITY or any use of the Fitness Classroom by the CITY or its invitees. The policy or policies evidencing such insurance shall name the CLUB and its officials, officers, employees, and agents as additional insureds, shall provide that same may not be cancelled or amended without written notice to the CLUB, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com.

Prior to the Effective Date, and upon renewal of such policies, the CITY shall submit to the CLUB certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. At the CITY’s option, CITY shall be allowed to self-insure the insurance coverages as required above.

4.2 CLUB’s Insurance Obligation. Without limiting the indemnification provisions provided herein, the CLUB, at its sole expense, shall obtain and keep in force during the 44 CLICK HERE to Return to Agenda
term of this Agreement and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property occurring in, upon or about (i) the Facility resulting from any actions or omissions of the CLUB or any use of the Facility by the CLUB or its invitees, or (ii) the Fitness Classroom resulting from any actions or omissions of the CLUB or any use of the Fitness Classroom by the CLUB or its invitees in accordance with the terms of this Agreement. The policy or policies evidencing such insurance shall name the CITY and its officials, officers, employees, and agents, as additional insureds, shall provide that same may not be cancelled or amended without written notice to the CITY, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com.

Prior to the Effective Date, and upon renewal of such policies, the CLUB shall submit to the CITY certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect.

5.0 SERVICES OF CLUB.

5.1 Scope of Services. In compliance with all terms and conditions of this Agreement, the CLUB shall continue to provide those services related to social recreation programs to the children of La Quinta according to the Desert Sands Unified School District Master Calendar.

Regular school session Monday-Friday 2:00 p.m.-7:00 p.m.

School holiday breaks Monday-Friday 7:30 a.m.-5:30 p.m.

Summer break Monday-Friday 7:30 a.m.-5:30 p.m.

Excluding any days off for observance of Boys and Girls CLUB holiday schedule.

The CLUB is required by this Agreement to be familiar with and comply with the Community Development Block Grant (CDBG) regulations and shall further comply with the terms and conditions of any applicable Sub-Recipient Agreement for the use of Community Development Block Grant Funds entered into by CLUB and CITY (each a “Sub-Recipient Agreement”). The CLUB understands and agrees that no waiver or exception can be granted to the CDBG policies, regulations, or requirements, or any of the terms or conditions set forth in a Sub-Recipient Agreement except with express written consent of the City Manager.

The Social Recreation program is to include but is not limited to table games, board games, game technique clinics, tournaments, holiday parties, and to provide other opportunities for fun and constructive use of children's leisure time. CLUB warrants that all services will be performed in a competent, professional, and satisfactory manner in accordance with the standards prevalent in the industry for such services.

6.0 COMPENSATION.

6.1 Community Development Block Grant (CDBG). It is the understanding of the CLUB and the CITY that CDBG funds will be used to fund this portion of the contract.

The maximum sum of Twenty Thousand Dollars ($20,000) per fiscal year is contingent upon the CLUB completing the necessary reporting documents required by the Riverside County CDBG program.
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6.2 Contract Sum (“License Fee”). For the License Fee the CITY shall make quarterly payments of $10,000 for a total amount not to exceed Forty Thousand Dollars ($40,000) per fiscal year for the life of this Agreement, encompassing the initial and any extended terms. Fee payments will be made to the CLUB according to the following schedule:

Payment Amount Payment Date Per Fiscal Year
$10,000 July 31, October 31, January 31, and April 30
In the event this Agreement is terminated pursuant to the terms hereof, the final payment shall be as follows: (i) if the final date of this Agreement occurs on a Payment Date, then the $10,000 payment due on said Payment Date shall be the final payment due hereunder; and (ii) if the final date of this Agreement occurs on a date other than a Payment Date, then the payment due on said final date shall be $10,000 prorated for the number of days during the last quarter for which this Agreement was in effect.

7.0 PERFORMANCE SCHEDULE.

7.1 Time of Essence. Time is of the essence in the performance of this Agreement.

7.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed diligently and within the time period established in Section 4.1.

Extensions to the time period specified in Section 4.1 may be approved in writing by the Community Services Deputy Director of the CITY (the “Contract Officer”). CDBG reporting forms must be filed in a timely manner in compliance with CDBG reporting timelines.

7.3 Term. This Agreement shall become effective July 1, 2024, and shall remain in effect for a term of four (4) years, with an option to renew for an additional two (2) years unless earlier terminated as provided herein. Either party may terminate this Agreement providing the other with six (6) months prior written notice of the termination date.

7.4 Default. Failure or delay by either party to perform any covenant, condition or provision of this Agreement within the time provided herein constitutes a default under this Agreement. The injured party shall give written notice of default to the party in default, clearly detailing the default to be cured. The defaulting party shall immediately commence to cure such default and shall diligently complete such cure within thirty (30) days from the date of the notice or such longer period if the nature of the default is such that more than thirty (30) days is required to cure such default. Notwithstanding any other provision of this Agreement, the injured party shall have the right to immediately terminate this Agreement by written notice to the other party in the event of a default which is not cured within the time set forth in this section.

8.0 RECORDS AND REPORTS.

8.1 Reports. CLUB shall prepare and submit to CITY a monthly report of attendance concerning the services as outlined in this Agreement. In addition, a progress report, including an accounting of expenditures, shall be provided on or about December 15 and June 15 of each fiscal year. The CLUB shall prepare reports and intake forms as required by the Riverside County CDBG program.
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8.2 Records. CLUB shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable the CITY to evaluate the cost and the performance of such services. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. CITY shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records.

8.3 Release of Documents. The reports, records, documents and other materials prepared by CLUB in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer or except as required by law. CLUB shall not disclose to any other private entity or person any information regarding the activities of the CITY, except as required by law or as authorized by the Contract Officer.

8.4 Community Development Block Grant (CDBG) Funding. The CLUB agrees to comply with the reporting processes of the Riverside County CDBG program in order to document that the program meets the National Objective by serving limited clientele – all persons (100%) served by the services outlined in this Agreement shall be low or moderate income.

9.0 MISCELLANEOUS PROVISIONS.

9.1 Attorneys’ Fees. In the event any declaratory or other legal or equitable action is instituted between CITY and CLUB in connection with this Agreement, the prevailing Party shall be entitled to recover from the losing Party all of its costs and expenses, including court costs and reasonable attorneys’ fees, and all fees, costs and expenses incurred on any appeal or in collection of any judgment.

9.2 Notices. Any notice, request, demand, consent, approval or other communication required or permitted hereunder or by law shall be validly given or made only if in writing and delivered in person to an officer or duly authorized representative of the other Party, or deposited in the United States mail, duly certified or registered (return receipt requested), postage prepaid, or delivered through another commercially reasonable method, including facsimile transmission and addressed to the party for whom intended, as follows:

If to CITY: City of La Quinta
Attn: City Manager
78495 Calle Tampico
La Quinta, CA 92253
Fax: (760) 777-7101
If to CLUB: Boys and Girls Club of La Quinta
Attn: Quinton Egson, Chief Executive Officer
42600 Cook Street, Suite 120
Palm Desert, CA 92260
Fax: (760) 836-1160
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Any Party may from time to time, by written notice to the other, designate a different address which shall be substituted for that specified above. If any notice or other document is sent by mail as aforesaid, the same shall be deemed fully delivered and received forty-eight (48) hours after mailing as provided above. If any notice or document is sent by facsimile transmission, the same shall be deemed fully delivered and received upon the transmission to the sender of a facsimile confirmation sheet.

9.3 Gender and Number. In this Agreement (unless the context requires otherwise), the masculine, feminine and neuter genders and the singular and the plural shall be deemed to include one another, as appropriate.

9.4 Entire Agreement. This Agreement and the Lease constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof, and the final, complete and exclusive expression of the terms and conditions thereof. All prior agreements, representations, negotiations and understanding of the parties hereto, oral or written, express or implied, are hereby superseded and merged herein.

9.5 Captions. The captions used herein are for convenience only and are not a part of this Agreement and do not in any way limit or amplify the terms and provisions hereof.

9.6 Governing Law. This Agreement and the exhibits attached hereto have been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California.

9.7 Invalidity of Provision. If any provision of this Agreement as applied to any Party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, the same shall in no way affect (to the maximum extent permissible by law) any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole.

9.8 Amendments. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in writing by CLUB and CITY.

9.9 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute but one and the same instrument.

9.10 Binding Upon Successors. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereof.
[signatures on following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth herein above.

CITY OF LA QUINTA, BOYS AND GIRLS CLUB OF
a municipal corporation COACHELLA VALLEY, PRESIDENT
GERALD R. FORD BOYS AND GIRLS
CLUB OF LA QUINTA, a nonprofit
organization

JON MCMILLEN
City Manager

QUINTON EGSON
Date President & CEO
ATTEST:

Date

MONIKA RADEVA,
City Clerk
APPROVED AS TO FORM:

WILLIAM H. IHRKE
City Attorney
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CONSENT CALENDAR ITEM NO. 3
City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TY LIN

INTERNATIONAL FOR SEISMIC AND STRUCTURAL EVALUATION SERVICES FOR THE CITY OWNED LUMBER YARD BUILDING PROJECT NO. 2019-01; LOCATED AT 77895 AVENIDA MONTEZUMA

RECOMMENDATION
Approve agreement for contract services with TY Lin International to provide seismic and structural evaluation services for the City owned lumber yard building Project No. 2019- 01, located at 77895 Avenida Montezuma; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• The seismic and structural evaluation is intended to provide additional information on the state of the Lumber Yard building and the ability to utilize it (Attachment 1). • In December 2023, staff advertised a request for proposals (RFP) for qualified firms to provide seismic and structural evaluation services for the Lumber Yard but received only one proposal, from Miyamoto, which staff was unable to negotiate a contract with.
• TY Lin International (TYLI) was requested to provide a scope and fee for the services, as they are currently working with the City on a separate project, and planned to propose on the project but were unable to at the time proposals were due.
• Staff recommends approving the agreement for contract services (Agreement) with TYLI in the amount not to exceed $25,000 (Attachment 2).

FISCAL IMPACT
Budget for the Project was allocated in fiscal years 2019/20 and 2020/21 Capital Improvement Program (CIP), which includes sufficient funding of $25,000 for seismic and structural evaluation services. The fiscal year 2024/25 CIP budget proposes to include an additional $1,500,000. The following is the Project budget:
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Project Budget
Professional $ 190,182
Master Planning/Design $ 1,032,114
Construction $ 3,053,636
Inspection/Testing/Survey $ 217,705
Contingency $ 316,363
TOTAL: $ 4,810,000

BACKGROUND/ANALYSIS
The components of the La Quinta Cultural Campus include the La Quinta Museum, Lumberyard, casita, archive, and art plaza/gathering space referred to as the “oasis”. In March 2022, an agreement was approved with HGA to provide master planning and preliminary design services for the Project with a focus on the following areas:
• Creating a more welcoming and clearly defined museum entrance • Improving museum flow and functionality
• Creating an inviting outdoor space for small events, art opportunities, and educational workshops
• Expanding and enhancing archive space
The proposed Agreement with TYLI to provide seismic and structural evaluation services of the Lumber yard will allow the City to determine how to move forward with the Lumber yard building and how it will fit into the overall Cultural Campus Project that is currently under design with HGA.

Staff will bring the findings of the evaluation to the Council in a Study Session for discussion and direction.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Ubaldo Ayón, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map

2. Agreement for contract services with TYLI
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ATTACHMENT 1

LA QUINTA CULTURAL CAMPUS SITE AERIAL
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AREA OF PLANNING

INFLUENCE/CONTEXT

SITE EXTENTS FOR

CULTURAL CAMPUS

PLANNING/PRELIMINARY
DESIGN

LA QUINTA CULTURAL CAMPUS PROJECT AREA / EXTENTS
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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 TY Lin International, a Corporation (“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 Professional Structural Engineering Services for the Cultural Campus Project 2019-01, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”).

Contracting Party represents 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.

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, NAI Consulting, and Rutan & Tucker LLP., free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

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

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

1.6 Standard of Care. Contracting Party shall perform its obligations and Services in a manner consistent with the standard of care and skill ordinarily exercised by members of the profession practicing under similar conditions in the geographic vicinity and at the time the Services are performed (the “Standard of Care”).” Contracting Party’s work will be held to the Standard of Care. 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, 56 CLICK HERE to Return to Agenda
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restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee.

Compensation for properly authorized Additional Services shall be made in accordance with Section 2.4 of this Agreement.

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

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated based on fixed fee not to exceed amount in accordance with “Exhibit B” (the “Schedule of Compensation”) in an amount not to exceed twenty-five thousand dollars ($25,000) (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 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 If any undisputed payment is more than thirty (30) days late, Contracting Party shall (i) provide notice of late payment to the City, and (ii) if the relevant 57 CLICK HERE to Return to Agenda
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payment is not made within thirty (30) days of receipt of such late notice, Contracting Party shall have the option to suspend its provision of Services. A finance charge shall be assessed on the due, but unpaid amount for each day of a month that any undisputed amount remains unpaid beyond thirty (30) days after the date of the invoice is received by the City, at the rate of eighteen percent (18%) per annum.

2.4 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section

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

3. PERFORMANCE SCHEDULE.

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

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

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to 58 CLICK HERE to Return to Agenda
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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 June 10, 2024, contingent upon approval by City, and Contracting Party shall commence work after notification to proceed by City' s Contract Officer. The agreement shall terminate on June 30, 2025 unless extended by an Amendment to this Agreement. Contracting Party is advised that any recommendation for Agreement award is not binding on City until the Agreement is fully executed and approved by City.

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) Nathan Hicks, Principal
Tel No. 1 (760) 579-9135
E-mail: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, shall be Alfred Berumen, Facilities Management Analyst, 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 59 CLICK HERE to Return to Agenda
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herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role.

Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party.

Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 60 CLICK HERE to Return to Agenda
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4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

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

5. INSURANCE.

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

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

6. INDEMNIFICATION.

Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, and hold harmless City and any and all of its officers, employees, NAI Consulting, Rutan & Tucker LLP , 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 61 CLICK HERE to Return to Agenda
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thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.

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

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

7.5 Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents 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. Contracting Party shall have the right to retain copies of all Work, re-use the methodologies, techniques and know how utilized hereunder to perform services for other parties.

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

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

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

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

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

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

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

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

8.6 Legal Action. In addition to any other rights or remedies, either 64 CLICK HERE to Return to Agenda
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party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.

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

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

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

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

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 65 CLICK HERE to Return to Agenda
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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.

9.3 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.

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

10. MISCELLANEOUS PROVISIONS.

10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated fortyeight (48) hours from the time of mailing if mailed as provided in this Section. 66 CLICK HERE to Return to Agenda
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To City:

CITY OF LA QUINTA
Attention: Bryan McKinney, PE,
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

TY LIN INTERNATIONAL
Nathan Hicks, PE, SE
404 Camino del Rio South, Ste 700
San Diego, CA 92108

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

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

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

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

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

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

10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and 67 CLICK HERE to Return to Agenda
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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, they are duly authorized to execute and deliver this Agreement on behalf of said party, by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

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

CONTRACTING PARTY:

By:

Name:

Title:

ATTEST:

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

Name:

Title:

APPROVED AS TO FORM:

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

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Exhibit A
Scope of Services

1. Services to be Provided:
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Exhibit A

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Exhibit A

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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:

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 twentyfour (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, 73 CLICK HERE to Return to Agenda
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and hold City, 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 trunkline 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 74 CLICK HERE to Return to Agenda
Exhibit A

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encountered and generally recognized as inherent in work of the character provided for in the Agreement.
(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. 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 twenty-five 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 75 CLICK HERE to Return to Agenda
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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 twentyfour (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, 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.

7. 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 76 CLICK HERE to Return to Agenda
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Agreement.

8. 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.

9. 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.
(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.

10. 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 77 CLICK HERE to Return to Agenda
Exhibit A

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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. 78 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 2.4 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Twenty-Five Thousand Dollars ($ 25,000) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 79 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. Contracting Party shall perform the initial structural assessment and issue a draft report for City review within six (6) weeks of notice to proceed.
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Exhibit D

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Exhibit D
Special Requirements
N/A
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Exhibit E

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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
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 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 82 CLICK HERE to Return to Agenda
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“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.

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 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 83 CLICK HERE to Return to Agenda
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coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.

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

3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies.

Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.

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

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

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

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 84 CLICK HERE to Return to Agenda
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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 selfinsured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

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

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

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

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

15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City 85 CLICK HERE to Return to Agenda
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within five (5) days of the expiration of coverages.

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

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

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

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

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

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.
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698/015610-0002
20568569.2 a05/31/24
Exhibit F
Indemnification
E.4 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, NAI Consulting, and Rutan & Tucker LLP (“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. IndemnityProvisions 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 87 CLICK HERE to Return to Agenda
698/015610-0002
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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.
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, NAI Consulting, and Rutan & Tucker LLP (“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.

E.5 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 88 CLICK HERE to Return to Agenda
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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. 89 CLICK HERE to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH ST.

FRANCIS ELECTRIC FOR ON-CALL TRAFFIC SIGNAL REPAIR SERVICES

RECOMMENDATION
Approve Agreement for Contract Services with St. Francis Electric to provide on-call traffic signal repair services; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
• Repairs to the City’s traffic signals require specialized equipment and expertise which is needed when staff is not available.
• The City has contracted with St. Francis Electric for on-call traffic signal repair services since 2019; the agreement expires June 30, 2024. • The proposed agreement with St. Francis Electric will provide the necessary resources to maintain the traffic signal system and ensure continuity of services.

FISCAL IMPACT
Annual compensation is $125,000 per fiscal year (FY). Funds will be budgeted in the CIP Traffic Signal Maintenance 2425TMI account 401-0000-60188 for each FY through the term of the agreement.

BACKGROUND/ANALYSIS
On September 17, 2019, following a request for proposals (RFP), Council approved an agreement with St. Francis Electric for on-call traffic signal repair services, for a 3-year initial term, through June 30, 2022, in an amount not to exceed $75,000 per FY.

On May 3, 2022, Council approved Amendment No. 1 extending the term of the agreement to June 30, 2024, and increasing the not to exceed compensation amount to $125,000 per FY effective FY 2021/22.

As of May 2024, the City has one newly hired traffic signal technician, and requires additional resources to effectively maintain and service the City’s traffic signal system.

CONSENT CALENDAR ITEM NO. 4
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The proposed agreement with St. Francis, for a one (1)-year term, at a not to exceed compensation amount of $125,000 per FY, will provide the necessary resources to maintain the traffic signal system and ensure continuity of services. Staff will publish a new RFP for on-call traffic signal repair services before the term of the agreement expires.

ALTERNATIVES
Staff does not recommend an alternative.

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

2. Agreement for Contract Services
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ATTACHMENT 1
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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, St. Francis Electric (“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 On-Call Traffic Signal Repair Services, 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.

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

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

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

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

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

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

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

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Twenty-Five Thousand Dollars ($125,000.00), 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 96 CLICK HERE to Return to Agenda
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Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.3 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 July 1, 2024, and terminate on June 30, 2025 (“Initial Term”). This Agreement may not be extended.

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 97 CLICK HERE to Return to Agenda
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Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Name: Jill Petrie, Southern CA Area Manager
Telephone No.: (951) 304-4903
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

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

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

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

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

5. INSURANCE.

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.

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.

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, 101 CLICK HERE to Return to Agenda
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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.

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

8. ENFORCEMENT OF AGREEMENT.

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, 102 CLICK HERE to Return to Agenda
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safety, or general welfare, City may take such immediate action as City deems warranted.

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.

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.

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 104 CLICK HERE to Return to Agenda
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interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS.

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

To City:

CITY OF LA QUINTA
Attn: Bryan McKinney, PE
78495 Calle Tampico
La Quinta, California 92253
[email protected]
To Contracting Party:

ST. FRANCIS ELECTRIC
Attn: Jill Petrie, Southern CA Area
1420 Citrus Street
Riverside, CA 92507
[email protected]

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 105 CLICK HERE to Return to Agenda
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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.

10.8 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.

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

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

CONTRACTING PARTY:

By:

Name:Jill Petrie
Title: Southern CA Area Manager
ATTEST:

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

Name:

Title:

APPROVED AS TO FORM:

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

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Exhibit A
Scope of Services

1. Services to be Provided:

Tasks include, but are not limited to, the following:
• Provide all necessary materials, equipment, and incidentals required to perform city wide on-call traffic signal repair.
• Provide and maintain emergency service response to the City’s traffic signals, safety streetlights, and flashing beacons on a twenty-four (24) hour a day, seven (7) days per week basis, including all holidays.
• Provide vehicle(s) with permanently mounted arrow board; warning beacon/strobe lights; traffic cones; construction warning sign; a hydraulic bucket capable of reaching a height of at least twenty-eight feet from the roadway surface; necessary computer laptop for programming, maintenance, and testing of traffic signal controllers and various equipment; and communications equipment for dispatch.
• Possess all required tools, equipment, apparatus, facilities, and materials needed to perform all work necessary to maintain and repair the traffic signals, safety streetlights, and flashing beacons in the City in compliance with current City standards and specifications.
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Exhibit A

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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, 109 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.

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.

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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.

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. 111 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 One Hundred Twenty-Five Thousand Dollars ($125,000.00) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
112 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.
113 CLICK HERE to Return to Agenda
Exhibit D

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Exhibit D
Special Requirements
None
114 CLICK HERE to Return to Agenda
Exhibit E

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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:

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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 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.

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. 116 CLICK HERE to Return to Agenda
Exhibit E

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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.

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.

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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.

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.

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to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

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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.

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. 120 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.
121 CLICK HERE to Return to Agenda
Exhibit F

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d. Indemnification Provision for Design Professionals.

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.

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. 122 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES WITH OCEAN SPRINGS TECH, INC., FOR POOL AND WATER FEATURE MAINTENANCE SERVICES PROJECT NO. 2020-11, FOR A ONE-YEAR TERM

EXTENSION AND RELATED COMPENSATION

RECOMMENDATION
Approve Amendment No. 4 to the Agreement for Contract Services with Ocean Springs Tech, Inc. for pool and water feature maintenance services Project No. 2020-11, for a one-year term extension and related compensation; and authorize the City Manager to execute the Agreement.

EXECUTIVE SUMMARY
• The City has contracted Ocean Springs Tech, Inc. (Ocean Springs) for pool and water feature maintenance services (maintenance services) since 2020, for the Fritz Burns Park pool and La Quinta Park splash pad water feature. • Amendment No. 4 proposes the fourth and final one-year term extension, a 5% increase of $8,566 in compensation, and an increase of $4,416 for additional water toy maintenance; for a total not to exceed amount of $110,886 for fiscal year (FY) 2024/25.

FISCAL IMPACT
Total maintenance services costs for FY 2024/25 are $110,886, which includes a 5% compensation increase of $8,566; and $4,416 for additional water toy maintenance. The annual cost is allocated between funds for Fritz Burns Pool Maintenance (101-3005- 60184) and the La Quinta Park Water Feature (101-3005-60554). These costs are currently included within the preliminary proposed FY 2024/25 City operating budget.

FY Terms FY Total
Compensation
Initial Contract
(10 months – Sept. 2020 – June 2021) 2020/21 $ 65,100
Amendment No. 1 2021/22 $ 82,026
Amendment No. 2 2022/23 $ 87,768
Amendment No. 3 2023/24 $ 97,902
Amendment No. 4 2024/25 $ 110,886
CONSENT CALENDAR ITEM NO. 5
123 CLICK HERE to Return to Agenda

BACKGROUND/ANALYSIS
Maintenance services for the pool located at Fritz Burns Park, and splash pad at La Quinta Park, are typically provided seven days per week during the season and three days in the off season.

On June 15, 2020, a request for qualifications and proposals was advertised to provide pool and splash pad maintenance services. Two proposals were received; the contract was awarded to Ocean Springs based on their qualifications.

In May 2021, the City executed Amendment No. 1 which proposed a one-year term extension and 5% increase for FY 2021/22. In May 2022, the City executed Amendment No. 2 which proposed a one-year term extension and 7% increase for FY 2022/23. In May 2023, the City executed Amendment No. 3 which proposed a one-year term extension and 7% increase for FY 2023/24.

Amendment No. 4 proposes the fourth and final one-year term extension, a 5% increase of $8,566 and $4,416 for cleaning spray nozzles and calcium buildup on the water toys at the splash pad. The increased amount of $110,886 for FY 2024/25 is budgeted for services seven days per week for 12 months.

ALTERNATIVES
Council may direct staff to prepare new bid documents and specifications to advertise for Citywide Pool & Water Feature Maintenance services. However, that would cause a delay in services.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works/Engineering Director Attachment: 1. Amendment No. 4 to Agreement for Contract Services 124 CLICK HERE to Return to Agenda
AMENDMENT NO. 4 TO AGREEMENT
WITH OCEAN SPRINGS TECH, INC. PROJECT NO. 2020-11
This Amendment No. 4 (“Amendment No. 4”) to the Contract Services Agreement (“Agreement”) is made and entered into as of the 1
st day of July 2024 ("Effective Date")
by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and OCEAN SPRINGS TECH, INC. (“Contracting Party”).

RECITALS
WHEREAS, on or about September 1, 2020, the City and Contracting Party entered into an Agreement to provide Pool & Water Feature Maintenance services Project No. 2020-11, for a total not to exceed price of $65,100 (10 months of service). The term of the Agreement expired on June 30, 2021 (“Initial Term”); and WHEREAS, on or about July 1, 2021, the City and Contracting Party executed Amendment No. 1 for a one-year term extension, from July 1, 2021 through June 30, 2022 (“Extended Term”), and a 5% increase in compensation for fiscal year 2021/22 in the amount of $82,060, approved by Council on May 18, 2021.

WHEREAS, on or about July 1, 2022, the City and Contracting Party executed Amendment No. 2 for a one-year term extension, from July 1, 2022 through June 30, 2023 (“Extended Term”), and a 7% increase in compensation for fiscal year 2022/23 in the amount of $87,768, approved by Council on May 17, 2022.

WHEREAS, on or about July 1, 2023, the City and Contracting Party executed Amendment No. 3 for a one-year term extension, from July 1, 2023 through June 30, 2024 (“Extended Term”), and a 7% increase in compensation for fiscal year 2022/23 in the amount of $97,904, approved by Council on June 6, 2023.

WHEREAS, the City and Contracting Party mutually agree to extend the term of the Agreement for the fourth and final one-year extension in accordance with Section 3.4 - Term, from July 1, 2024 to June 30, 2025 (“Extended Term”).

WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 – Contract Sum of the Agreement by an additional amount of $110,886 for monthly maintenance seven days per week for fiscal year 2024/25, which includes a 5% increase of $8,566 and $4,416 for monthly maintenance of calcium removal and cleaning the water toy spray nozzles at the splash pad in La Quinta Park, for a total not to exceed Agreement amount of $443,684; and
NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

ATTACHMENT 1
125 CLICK HERE to Return to Agenda

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: Contract Sum is amended by up to an additional $110,886, for a total not to exceed amount of $443,684 as listed in revised “Exhibit B”, attached hereto, and incorporated herewith by this reference:

Initial Term (July 1, 2020 – June 30, 2021) $65,100
Extended Term (July 1, 2021 – June 30, 2022, Amendment 1) $82,026 Extended Term (July 1, 2022 – June 30, 2023, Amendment 2) $87,768 Extended Term (July 1, 2023 – June 30, 2024, Amendment 3) $97,904 Extended Term (July 1, 2024 – June 30, 2025, Amendment 4) $110,886 Total not to exceed amount: $443,684

2. Section 3.4; Term, is extended for one additional year from July 1, 2024, to June 30, 2025 (“Extended Term”), and shall read as follows:

Unless earlier terminated in accordance with the provisions of Article 8.0 of this Agreement, the term of this agreement shall commence on September 1, 2020, and terminate on or before June 30, 2021 (“Initial Term”). This Agreement was extended via Amendment No.1 from July 1, 2021, through June 30, 2022, and via Amendment No. 2 from July 1, 2022 through June 30, 2023; and via Amendment No. 3 from July 1, 2023 through June 30, 2024 (“Extended Terms”). Amendment No. 4 is the final Amendment and shall extend the term of this Agreement from July 1, 2024 through June 30, 2025 (“Extended Terms”).

In all other respects, the original Agreement shall remain in effect. 126 CLICK HERE to Return to Agenda
127 CLICK HERE to Return to Agenda
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Four-Hundred and Forty-Three Thousand and Six-Hundred and Eighty-Four Dollars ($443,684) (“Contract Sum”), as listed below in detail. The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

Initial Term (July 1, 2020 – June 30, 2021) $65,100
Extended Term (July1, 2021 – June 30, 2022, Amendment 1) $82,026 Extended Term (July 1, 2022 – June 30, 2023, Amendment 2) $87,768 Extended Term (July 1, 2023 – June 30, 2024, Amendment 3) $97,904 Extended Term (July 1, 2024 – June 30, 2025, Amendment 4) $110,886 Total not to exceed amount: $443,684

CONTRACT SUMMATION

DESCRIPTION

FRITZ BURNS PARK
78080 FRANCES HACK LANE

ANNUAL PRICE
POOL – Service 7 Days per Week
Including CAT500 Monitoring
$76,633

LA QUINTA PARK
79120 BLACK HAWK WAY

SPLASH PAD WATER FEATURE
Service 7 Days Per Week
$34,253
Total: $110,886

DESCRIPTION

FRITZ BURNS PARK
78080 FRANCES HACK LANE

ANNUAL PRICE
POOL – Service 3 Days per Week $31,160

LA QUINTA PARK
79120 BLACK HAWK WAY

SPLASH PAD WATER FEATURE
Service 3 Days Per week
$16,665
Total: $47,825
128 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 6 TO AB 2766 MEMORANDUM OF

UNDERSTANDING WITH THE COACHELLA VALLEY ASSOCIATION OF
GOVERNMENTS TO PROVIDE FUNDING FOR THE REGIONAL PM10 STREET

SWEEPING PROGRAM

RECOMMENDATION
Approve Amendment No. 6 to AB 2766 Memorandum of Understanding with the Coachella Valley Association of Governments to provide funding for the Regional PM10 Street Sweeping Program, through June 30, 2026.

EXECUTIVE SUMMARY
• Since the early 1990s, the Coachella Valley Association of Governments (CVAG) and its member agencies have cooperated on a Regional PM10 Street Sweeping Program through a Memorandum of Understanding (MOU). The City entered into an MOU with CVAG in 2010 to provide funding for the street sweeping program. • The street sweeping program is currently funded by three main sources (1) Reallocation of a portion of Assembly Bill (AB) 2766 funds dispersed to individual jurisdictions based on vehicle license plate renewals; (2) Grant funding from the South Coast Air Quality Management District (SCAQMD); and (3) The Coachella Valley Air Quality Enhancement Fund managed by Riverside County, also known as Colmac funds.
• Amendment No. 5 to the MOU between the City, CVAG, and its member jurisdictions is set to expire June 30, 2024. The proposed Amendment No. 6 maintains the City’s contribution of AB 2766 funds at 75% for the next two years, through June 30, 2026.

FISCAL IMPACT
The proposed Amendment No. 6 to the MOU was approved by the CVAG Executive Committee on April 29, 2024, to maintain the City’s contribution of AB 2766 funds at 75% for a 2-year period, through June 30, 2026.

CONSENT CALENDAR ITEM NO. 6
129 CLICK HERE to Return to Agenda

BACKGROUND/ANALYSIS
Since the early 1990s, CVAG and its member agencies have cooperated on the Regional PM 10 Street Sweeping Program. The program is the best available control measure to reduce PM 10 (particulate matter of less than 10 microns), which originates from dustgenerated activities such as vehicle traffic and construction. PM 10 is a criteria air pollutant and poses a significant risk to public health if left unabated. The City entered into an MOU with CVAG and its member agencies in 2010 to provide funding for the program.

Recent weather events such as the Valentine’s Day storm in February 2019 and Tropical Storm Hilary in August 2023 brought an excessive amount of mud and sediment runoff, which along with severe winds have substantially increased the amount of dirt that needs to be swept from City streets.

The street sweeping program is currently funded by three main sources:

1. Reallocation of a portion of AB 2766 funds dispersed to individual jurisdictions based on vehicle license plate renewals;

2. Grant funding from the SCAQMD; and

3. Colmac funds.

The AB 2766 funding sent to the City by the SCAQMD is generated by a surcharge on annual DMV fees and must be used to reduce air pollution generated by motor vehicles.

In previous years when funding from other sources tended to fluctuate, AB 2766 contributions from the City ranged from 33% to 100%. In June 2020, the CVAG Executive Committee approved Amendment No. 5 to the MOU requesting that the jurisdictional contribution level remain at 75% for four years, through June 30, 2024.

The proposed Amendment No. 6 maintains the City’s contribution at 75% for the next two years, through June 30, 2026. Identical MOU Amendments are being circulated to all participating member agencies for approval by their respective governing bodies.

ALTERNATIVES
Council may elect not to approve Amendment No. 6; however, staff does not recommend this alternative as the MOU allows the City to maintain PM10 requirements.

Prepared by: Oscar Mojica, Permit Technician
Approved by: Monika Radeva, City Clerk
Attachment: 1. Amendment 6 to AB 2766 Memorandum of Understanding 130 CLICK HERE to Return to Agenda
ATTACHMENT 1
131
CLICK HERE to Return to Agenda
132
CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT

SERVICES WITH ACORN TECHNOLOGY SERVICES FOR MANAGED INFORMATION

TECHNOLOGY SERVICES

RECOMMENDATION
Approve Amendment No. 4 to Agreement for Contract Services with Acorn Technology Services to amend Section 2.1 – Contract Sum, not to exceed $520,000 for the remainder of the contract term; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
• In July 2019, the City entered into an Agreement for Contract Services (Agreement) with Acorn Technology Services (Acorn) for information technology services. • In April 2020, Council approved Amendment No. 1 for upgrades of equipment to enable remote work due to COVID-19.
• In May 2021, Council approved Amendment No. 2 for an increase in the contract sum’s not-to-exceed for initial procurement of security software and associated costs for yearly renewals and maintenance of the program. • In June 2022, the City executed Amendment No. 3 to extend the contract term for two additional years, through June 30, 2024.
• Amendment No. 4 (Attachment 1) will increase the contract sum’s not-to-exceed for associated costs already accrued for specialized procurement of hardware and software, anticipated contingency for transition services from the City’s existing Managed Services Provider (MSP) to the new MSP, and for extension of existing security software during this transition.

FISCAL IMPACT
This Amendment will increase the contract’s not-to-exceed total amount by $100,000 for the remainder of this contract’s term, bringing the total contract amount to $2,200,000.

Funds are available in the Information Technology Fund in Account No. 502-0000-60104, Consultants.

CONSENT CALENDAR ITEM NO. 7
133 CLICK HERE to Return to Agenda

BACKGROUND/ANALYSIS
The City entered into an agreement with Acorn in July 2019. As part of Acorn's contracted services, they successfully overhauled the City's aging IT infrastructure to a reliable and robust network that allowed for a seamless transition to a remote workforce while also allowing for additional cost savings from relocating the City's cloud storage to a hosted environment of servers for the majority of the City's IT needs.

Necessary security upgrades have occurred during the overhaul of the City’s IT infrastructure to provide protection against threats. Cybercrime and attacks have become more sophisticated, necessitating additional software to assist with identification of potential vulnerabilities within the City’s network, and additional work to remedy them in an expedient manner.

The increased contract amount includes added costs for accrued expenses for procurement of cost-competitive equipment; such as computers, servers, and software during this fiscal year, maintenance fees for the cybersecurity suite purchased to protect the City's system during this transition from one MSP to the next, and a potential month to month contract extension as necessary until the handoff to the next provider is completed.

ALTERNATIVES
As these services and costs are critical to the City’s continued IT Support infrastructure, staff does not recommend an alternative.

Prepared by: Doug Kinley, Management Analyst
Approved by:Jon McMillen, City Manager
Attachment: 1. Contract Amendment No. 4 – Acorn Technology Services 134
FY Terms Compensation
2019/20 $420,000
2020/21 $420,000
2021/22 $420,000
2022/23 $420,000
2023/Remainder of Term $520,000
Grand Total: $2,200,000
CLICK HERE to Return to Agenda
AMENDMENT NO. 4 TO AGREEMENT FOR CONTRACT SERVICES

WITH ACORN TECHNOLOGY SERVICES
This Amendment No. 4 (“Amendment 4”) to Agreement for Managed Information Technology Services ("Agreement”) is made and entered into as of the 5 th day of June,
2024, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and ACORN TECHNOLOGY SERVICES (“Contracting Party”).

RECITALS
WHEREAS, on or about July 9, 2019, the City and Vendor entered into an Agreement to provide Managed Information Technology Services for a total not to exceed amount of $1,650,000. The term of the Agreement expired on June 30, 2022 (“Initial Term”); and
WHEREAS, on or about April 7, 2020, the City amended the Agreement with Contracting Party as Amendment No. 1 to provide additional information technology services for fiscal year 2019/20; and
WHEREAS, on or about May 18, 2021, the City amended the Agreement with Contracting Party as Amendment No. 2 to provide additional information technology services for remaining fiscal years 2020/21, 2021/22, 2022/23, 2023/2024, bringing the new contract total not to exceed amount to $2,100,000; and WHEREAS, on or about June 27, 2022, the City amended the Agreement with Contracting Party as Amendment No. 3 to extend the contract term two additional years, until 2024; and
WHEREAS, Section 2.1 Contract Sum of the Agreement shall be amended to include compensation for the remainder of services in the amount of $100,000, for a total not to exceed amount of $2,200,000.

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

1. Section 2.1 – Contract Sum is amended to read as follows:

Section 2.1 – Contract Sum. For the services rendered pursuant to this Agreement for Fiscal Year 2023/Remainder of Agreement, Contracting Party shall be compensated an additional $100,000, for a total contract not-to-exceed amount of $2,200,000.

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

ATTACHMENT 1 135 CLICK HERE to Return to Agenda
IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 4 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA ACORN TECHNOLOGY SERVICES
a California municipal corporation
____ _______________________
JON McMILLEN, City Manager Craig Wolynez, CEO
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
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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 in Fiscal Year 2023/Remainder of the Contract is Two Million Two Hundred Thousand Dollars ($2,200,000) (“Contract Sum”). 137 CLICK HERE to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE PWLC II, INC. FOR ADDITIONAL SPENDING AUTHORITY UP TO $70,000 FOR ADDITIONAL WORK IN FISCAL YEAR 2023/24, AS A SINGLE SOURCE FOR MAINTENANCE SERVICES WITHIN THE LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 89-1

WHEN THEY ARE THE QUALIFIED AND/OR LOWEST BIDDER

RECOMMENDATION
Authorize the Public Works Department to utilize PWLC II, Inc. for additional spending authority up to $70,000 for additional work in fiscal year 2023/24, as a single source for maintenance services within the Lighting and Landscape Assessment District 89-1 when they are the qualified and/or lowest bidder.

EXECUTIVE SUMMARY
• The City contracts PWLC, Inc. (PWLC) for Maintenance Services in the Lighting & Landscape Assessment District 89-1 Maintenance Services (L&L), Project No. 2018-30.

The agreement allows for PWLC to be paid for extra work as maintenance needs arise throughout the L&L.
• On July 18, 2023, Council authorized the City to utilize PWLC as a single source for landscape maintenance work within the L&L and additional spending authority up to $150,000.
• Per the City’s Purchasing and Contracting policy, expenditures of over $50,000 must be approved by Council. Staff requests spending authority for an additional amount of $70,000 in the fiscal year (FY) 2023/24 for additional maintenance services in the L&L.

FISCAL IMPACT
The $70,000 (total amount $220,000 in FY 2023/24) would be charged in increments, as needed, to the maintenance services account (215-7004-60691) for additional work within the L&L areas, should PWLC be awarded any other bid in 2023/24.

CONSENT CALENDAR ITEM NO. 8
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BACKGROUND/ANALYSIS
PWLC provides quality work and is contracted with the City for L&L landscape maintenance services.

The landscape contract with PWLC allows for extra services on request, such as plant replacement, tree removal, irrigation repairs, and emergency callouts. However, the dollar amount for extra work is not specified.

On July 18, 2023, Council authorized PWLC to be utilized as a single source for landscape refreshing and restoration within the L&L, and additional spending authority up to $150,000.

Staff anticipates additional landscape refresh and restoration within the L&L maintenance areas in fiscal year 2023/24 and requests authorization to utilize PWLC for an additional amount of $70,000 for this extra work. Each project would be subject to the City’s current purchasing policy.

ALTERNATIVES
Staff could request approval from Council for any future work awarded to PWLC on an asneeded basis. However, this approach will delay completion schedules.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer 140 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION IN SUPPORT OF THE PROPOSED

CHUCKWALLA NATIONAL MONUMENT

RECOMMENDATION
Adopt a resolution in support of the establishment of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park by use of the Antiquities Act by the President or through legislation in the U.S. Congress.

EXECUTIVE SUMMARY
• The proposed Chuckwalla National Monument (Monument) would protect approximately 660,000 acres of federal public lands from the Coachella Valley region in the west to the Colorado River in the east.
• Proponents say the legislation or use of the Antiquities Act would protect approximately 17,000 acres of public lands adjacent to the east side of Joshua Tree National Park (JTNP). This would connect the Park with the proposed Monument and other protected areas, ensure connectivity for desert bighorn sheep, burro, deer and other wildlife impacted by climate change, and preserve places of cultural and historical importance.
• The lands proposed for protection include the homelands of the Iviatim, Nuwu, Pipa Aha Macav, Kwatsaan and Maara’yam peoples (Cahuilla, Chemehuevi, Mojave, Quechan and Serrano nations).

FISCAL IMPACT
None.

BACKGROUND/ANALYSIS
A coalition of local nonprofits and other organizations (the Protect California Deserts coalition) is working with U.S. Representative Raul Ruiz and Senators Alex Padilla and Laphonza Butler to gain the support of the Biden Administration on a proposal to conserve federal public lands in Riverside and Imperial Counties for present and future generations to enjoy. The proposal would designate a new Chuckwalla National Monument that would 141
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border the southern edge of Joshua Tree National Park and permanently protect recreational access to popular places like the Mecca Hills and Orocopia Mountains.

The proposed protections would honor and recognize the cultural histories of Indigenous peoples, enhance access to world-class nature for area residents and visitors, protect fragile desert wildlife by providing connectivity between protected lands, and help boost local economies.

The proposed Monument includes numerous places that Coachella Valley communities enjoy for outdoor recreation, including Painted Canyon and Box Canyon in the Mecca Hills area, Corn Springs campground, and the Bradshaw Trail. The Monument and JTNP expansion would permanently protect the lands included in these proposals and help safeguard the vast desert ecosystems, habitats for species like the chuckwalla lizard and desert tortoise, and the migration corridors for desert bighorn sheep. In addition, this expansion would protect World War II training sites, numerous historic mines and mining artifacts from the 1800s, and approximately 40 miles of the historic Bradshaw Trail.

All lands included in this proposal are within the new 25th Congressional District, which Representative Ruiz represents. On September 21, 2023, Representative Ruiz introduced H.R. 5660, the Chuckwalla National Monument Establishment and Joshua Tree National Park Expansion Act of 2023, a bill to “provide for the protection of natural and cultural resources, Tribal collaborative management, sustainable economic development, enhanced recreation, and equitable access on Federal lands in eastern Imperial and Riverside counties, California, and for other purposes.” On April 16, 2024, Senators Padilla and Butler joined Representative Ruiz to announce bicameral legislation (H.R. 8031, S. 4132) to create the Chuckwalla National Monument and expand Joshua Tree National Park. They also urged President Joe Biden to use the authority granted by the Antiquities Act to establish the Chuckwalla National Monument and expand Joshua Tree National Park by approximately 17,915 acres to be managed by the National Park Service.

ALTERNATIVES
Council may decide not to support the Resolution.

Prepared by: Sherry Barkas, Marketing and Communications Specialist Approved by: Jon McMillen, City Manager
Attachment: 1. Map of proposed Chuckwalla National Monument and Joshua Tree National Park expansion
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RESOLUTION NO. 2024 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, IN SUPPORT OF THE

ESTABLISHMENT OF THE PROPOSED CHUCKWALLA

NATIONAL MONUMENT AND EXPANSION OF JOSHUA

TREE NATIONAL PARK
WHEREAS, the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park contain spectacular public lands that are a scenic, environmental, economic, cultural, and recreational resource both locally as well as across our state; and
WHEREAS, the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park support year-round habitats for diverse wildlife such as desert bighorn sheep, desert tortoise, a wide variety of birds, and many other species; and WHEREAS, publicly owned and federally managed desert lands constitute a public wildland resource of extraordinary and inestimable value and deserve to be protected for present and future generations; and
WHEREAS, securing permanent protection for the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park will secure the quality of life and recreational opportunities directly related to our public lands for generations to come; and WHEREAS, multiple studies have shown that National Monuments create jobs and support positive economics for communities nearby; and
WHEREAS, these areas contain significant cultural, archeological, historic, and scientific values worthy of permanent protection; and
WHEREAS, it remains in the City’s interest to maintain and protect the California desert as a recreational resource and a place for citizens of and visitors to La Quinta to recreate, spend time with family, or simply gaze into the night sky.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of La Quinta hereby affirms its support for the establishment via legislation or executive action of the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park; and
BE IT FURTHER RESOLVED that the City Council asks President Biden to designate the proposed Chuckwalla National Monument and expansion of Joshua Tree National Park promptly through Presidential proclamation via the Antiquities Act; and 143 CLICK HERE to Return to Agenda
Resolution No. 2024 – xxx
Support of proposed Chuckwalla National Monument
Adopted: June 4, 2024

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BE IT FURTHER RESOLVED that the City Council hereby directs the Clerk to send a copy of this resolution to United States President Joe Biden, Representative Dr.

Raul Ruiz, Representative Ken Calvert, Senator Laphonza Butler, and Senator Alex Padilla.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 4th day of June 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
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City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR JUNIOR ACCOUNTANT

AND FINANCE MANAGER TO ATTEND THE CALPERS EDUCATIONAL FORUM IN SAN DIEGO, CALIFORNIA, OCTOBER 28-30, 2024

RECOMMENDATION
Authorize overnight travel for two employees from the Finance department to attend the CalPERS Educational Forum in San Diego, California, October 28-30, 2024.

EXECUTIVE SUMMARY
• CalPERS provides retirement, disability and health benefits for the City and sponsors training programs taught by CalPERS experts.
• Payroll and all CalPERS reporting requirements are processed by Finance, in addition to payments for health benefit invoices.
• The Finance division seeks additional knowledge in the administration of CalPERS benefits and reporting requirements.

FISCAL IMPACT
Estimated expenses are $1,500 per attendee, which includes registration, travel, lodging, and meals. Funds are included in the Finance travel and training budget (Account No. 101-1006-60320).

BACKGROUND/ANALYSIS
The City provides retirement, disability and health benefits through CalPERS. The annual forum is dedicated to assisting members with the administration of CalPERS-related responsibilities. In addition, CalPERS Board Members, Directors, and Chief Actuaries attend and participate as keynote speakers, session instructors, and in one-on-one discussions.

The CalPERS Educational Forum provides training in reporting and documentation of employee membership, payroll, and service credits; actuarial reporting for unfunded pension obligations; basic and complex scenarios involving separation from service, CONSENT CALENDAR ITEM NO. 10
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moving between reciprocal retirement systems, and enrollment of members; working after retirement; reducing agency liabilities; and common audit issues for public agencies.

The City processes payroll for all employees, commissioners, and Council members internally. Finance is responsible for verifying and processing payroll. Responsibilities include ensuring accurate reporting of retirement and health benefits to CalPERS, annual California Transparency reporting to the State, processing all quarterly and annual payroll reports to the State and Internal Revenue Service, and ensuring all taxes are paid to the appropriate entities with each payroll period.

In order to keep up with ever-evolving regulatory requirements, attending this educational forum mitigates risk and ensures that the City is keeping up with current workplace challenges and compliance requirements. Regulatory requirements are constantly updated and the conference schedule includes a large number of sessions dedicated to key items in all aspects of finance, payroll, benefits administration and membership, and leadership and management.

ALTERNATIVES
The Council may elect to reduce the number of attendees or not have anyone attend.

Prepared by: Virginia Ortega, Finance Manager
Approved by: Claudia Martinez, Finance Director
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City of La Quinta
CITY COUNCIL MEETING: June 4, 2024

STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2024

RECOMMENDATION
Receive and file revenue and expenditure report dated March 31, 2024.

EXECUTIVE SUMMARY
• The report summarizes the City’s year-to-date (YTD) revenues and period expenditures for March 2024 (Attachment 1).
• These reports are also reviewed by the Financial Advisory Commission.

FISCAL IMPACT – None

BACKGROUND/ANALYSIS
Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports:

Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2023 for fiscal year (FY) 2023/24.

Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year, including carryovers from the prior fiscal year.

Period Activity – represents actual revenues received and expenditures outlaid in the reporting month.

Fiscal Activity – represents actual revenues received and expenditures outlaid YTD.

Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount.

Percent Used – represents the percentage activity as compared to budget.

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The revenue report includes revenues and transfers into funds from other funds (income items). Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve.

The expenditure report includes expenditures and transfers out to other funds. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings.

Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director
Attachment: 1. Revenue and Expenditure Report for March 31, 2024 General Fund Non-General Fund
Measure G Sales Tax $ 1,512,916 Highway Bridge Program (Dune Palms Reimbursement) $ 1,858,767 Transient Occupancy (Hotel) Tax $ 1,495,896 CVAG (Dune Palms Construction Reimbursement) $ 707,195 Sales Tax $ 1,222,359 Allocated Interest $ 591,107
Fire Service Credit $ 124,423 SilverRock Green Fees $ 525,393 Franchise Taxes - Burrtec $ 109,992 County Sales Tax (Measure A) $ 372,041 General Fund Non-General Fund
Sheriff Contract (November/December/January) $ 2,253,983 Debt Service Payments- Successor Agency Bonds(1) $ 1,695,680 Marketing and Tourism Promotions $ 137,311 Capital Improvement Program - Construction(2) $ 843,025 Grants & Economic Development $ 60,500 SilverRock Maintenance $ 266,453 Animal Shelter Contract Services $ 54,369 Museum Operations Contract $ 118,218 Plan Checks $ 47,758 Software Licenses (Asset Management Software) $ 92,816 Top Five Revenue/Income Sources for March
Top Five Expenditures/Outlays for March
(1)Interest and principal payments for redevelopment bonds, funded by dedicated Redevelopment Property Tax Trust Fund (RPTTF) revenue. (2)CIP Construction: Dune Palms Bridge and North La Quinta landscape conversion project.

MTD YTD
YTD
Percent of YTD
YTD Percent
of Budget
General Fund (GF) $5,198,320 $45,842,140 57.88% $46,639,214 59.38% All Funds $11,544,500 $93,259,886 46.56% $78,928,778 41.64%

MTD YTD
YTD
Percent of YTD
YTD Percent
of Budget
General Fund $5,164,024 $40,462,538 39.81% $39,768,187 34.96% Payroll (GF) $853,528 $8,798,865 65.71% $19,597,467 81.66% All Funds $9,616,868 $93,447,452 40.04% $83,824,044 35.51% March 2024 Revenues Comparison to 2023
March 2024 Expenditures Comparison to 2023
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La Quinta City CouncilJune 4, 2024

La Quinta City Council
June 4, 2024