CITY COUNCIL AGENDA Page 1 of 10 JUNE 16, 2026
CITY COUNCIL
AGENDA
CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JUNE 16, 2026
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 www.laquintaca.gov/livemeetings; past meetings are available through the video archive via www.laquintaca.gov/pastmeetings Closed captions in English and Spanish are available to all users through this video streaming service.
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 [Gov. Code § 54954.2(b)].
CONFIRMATION OF AGENDA
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657
City Council agendas and staff reports
are available on the City’s website at
www.LaQuintaCA.gov/PublicMeetings
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CITY COUNCIL AGENDA Page 2 of 10 JUNE 16, 2026
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750)
3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES DEPUTY DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES’ ASSOCIATION, AND
UNREPRESENTED EMPLOYEES
4. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION; SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO PARAGRAPH (2) OR (3) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54965.9 (NUMBER OF POTENTIAL CASES: 3)
RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION
PLEDGE OF ALLEGIANCE
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 [Gov. Code § 54954.2(b)].
ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS
1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE
2. INTRODUCE NEW AND PROMOTED CITY STAFF MEMBERS
CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.
PAGE
1. ADOPT RESOLUTION DECLARING APPROXIMATELY 0.24 ACRES LOCATED
ALONG AVENIDA BERMUDAS IN THE CITY OF LA QUINTA, CALIFORNIA, AS SURPLUS LAND; CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW
PURSUANT TO SECTIONS 15061, 15312, AND 15378 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES [RESOLUTION NO. 2026-016] 11 2. ADOPT RESOLUTIONS TO: (A) APPROVE FISCAL YEAR 2026/27
CLASSIFICATION AND SALARY PLAN/SCHEDULE, AND (B) APPROVE 23 CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 3 of 10 JUNE 16, 2026
AMENDMENT NO. 4 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION [RESOLUTION NOS. 2026-017 AND 2026-018]
3. AUTHORIZE OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY
COUNCIL AND FOUR CITY STAFF MEMBERS TO ATTEND THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, SEPTEMBER 23-25, 2026
37 4. EXCUSE ABSENCE OF COMMISSIONER NIETO FROM THE JUNE 9, 2026,
PLANNING COMMISSION MEETING
39 5. APPROVE CONNOISSEUR MEDIA MARKETING SERVICES FOR FISCAL YEAR 2026/27
41 6. APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH BUREAU VERITAS NORTH AMERICA, INC., HR GREEN PACIFIC, INC., TRUE NORTH COMPLIANCE SERVICES, INC., AND THE CODE GROUP, INC. (dba VCA
CODE) FOR ON-CALL BUILDING CODE PLAN REVIEW AND INSPECTION
SERVICES
51 7. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SCOPE EVENTS, LLC TO PRODUCE THE LA QUINTA ART CELEBRATION 2026 – 2029 173
8. APPROVE LEASE AGREEMENT WITH FAMILY YMCA OF THE DESERT FOR USE OF CITY PROPERTY, LOCATED AT 51001 EISENHOWER DRIVE, FOR BEFORE AND AFTER-SCHOOL CHILDCARE SERVICES; CEQA: THE ACTION
IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT,
COMMON SENSE EXEMPTION
209
9. APPROPRIATE ADDITIONAL FUNDING FOR THE SIGNAL AND CROSSWALK IMPROVEMENTS PROJECT NO. 2024-18, AND APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH ST. FRANCIS
ELECTRIC
227
10. AUTHORIZE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE MATERIALS IN FISCAL YEARS 2025/26 AND 2026/27
233
11. APPROVE CONTRACT WITH VINTAGE ASSOCIATES, INC. FOR
SILVERROCK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023- 31, THROUGH FISCAL YEAR 2030/31; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ONCALL LANDSCAPE MAINTENANCE SERVICES 235
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CITY COUNCIL AGENDA Page 4 of 10 JUNE 16, 2026
12. APPROVE CONTRACT WITH DESERT CONCEPTS CONSTRUCTION, INC FOR PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30, THROUGH FISCAL YEAR 2030/31; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS A SELECT SOURCE FOR ONCALL LANDSCAPE MAINTENANCE SERVICES 241
13. APPROVE CONTRACT WITH DESERT CONCEPTS CONSTRUCTION, INC
FOR CITYWIDE LANDSCAPE MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, PROJECT NO. 2023-28; AND
AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR
AS SELECT SOURCE FOR ON-CALL MAINTENANCE SERVICES
247
14. RECEIVE AND FILE CHANGE ORDER NO. 2 TO CONTRACT WITH HORIZON LIGHTING, INC. FOR CITYWIDE LIGHTING MAINTENANCE SERVICES WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, PROJECT NO. 2023-29, FOR FISCAL YEAR 2026/27; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE HORIZON LIGHTING, INC. AS
SELECT SOURCE FOR ON-CALL ELECTRICAL SERVICES
253
15. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
WITH OCEAN SPRINGS TECH, INC FOR POOL AND WATER FEATURE MAINTENANCE SERVICES, PROJECT NO. 2024-24; AND AUTHORIZE THE
PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT
SOURCE FOR ON-CALL SERVICES
259
16. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT LIMNOLOGISTS, INC. DBA SOUTHWEST AQUATICS FOR LAKE
MAINTENANCE SERVICES AT CIVIC CENTER CAMPUS AND SILVERROCK PARK, PROJECT NO. 2025-18; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS A SELECT SOURCE FOR ONCALL SERVICES 281
17. ADOPT RESOLUTION APPROVING THE CITY’S PROJECT LIST FOR FISCAL YEAR 2026/27 FOR SENATE BILL 1 – ROAD REPAIR AND ACCOUNTABILITY ACT 2017 FUNDING [RESOLUTION NO. 2026-019]
317
18. APPROVE ACCOUNTS RECEIVABLE WRITE-OFF AND TRANSFER OF
UNCLAIMED OVERPAYMENTS
323
19. APPROVE DEMAND REGISTERS DATED APRIL 24, MAY 1, 8, AND 15, 2026 327
BUSINESS SESSION
PAGE
1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTIONS OF CHAPTER 3.25 OF THE LA QUINTA MUNICIPAL CODE RELATED TO SHORT-TERM VACATION RENTALS [ORDINANCE NO. 635]
353
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CITY COUNCIL AGENDA Page 5 of 10 JUNE 16, 2026
2. CONDUCT A RANDOM DRAW TO DETERMINE THE ORDER OF INTERVIEWS TO BE HELD ON JUNE 18, 2026, TO APPOINT RESIDENTS TO SERVE ON
VARIOUS CITY COMMISSIONS PURSUANT TO LA QUINTA MUNICIPAL CODE SECTION 2.06.020
365
3. APPROVE REIMBURSEMENT AGREEMENT FOR CONSTRUCTION OF
PUBLIC IMPROVEMENTS ATTACHED TO THE LA QUINTA VILLAGE
APARTMENTS PROJECT AS CONDITIONS OF REGULATORY APPROVAL,
AND AUTHORIZE APPROPRIATION OF CITY GENERAL FUND UNASSIGNED RESERVES THEREFOR; PROJECT LOCATION: NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50; CEQA: CONFORMS WITH
ENVIRONMENTAL ASSESSMENT 2022-0001 (MITIGATED NEGATIVE
DECLARATION)
367
STUDY SESSION – None
PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).
Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If a project(s) is challenged in court, it may be limited to raising only those issues raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing.
PAGE
1. RECEIVE AND FILE FISCAL YEAR 2025/26 ANNUAL WORKFORCE
VACANCIES AND RECRUITMENT/RETENTION REPORT PURSUANT TO
GOVERNMENT CODE SECTION 3502.3
401
2. ADOPT RESOLUTION TO CONFIRM THE ASSESSMENT AND DISTRICT DIAGRAM FOR FISCAL YEAR 2026/27 LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 [RESOLUTION NO. 2026-020]
405
3. ADOPT RESOLUTION TO APPROVE FISCAL YEARS 2026/2027 THROUGH 2030/2031 CAPITAL IMPROVEMENT PROGRAM [RESOLUTION NO. 2026-021] 431
4. INTRODUCE FOR FIRST READING AN ORDINANCE APPROVING ZONING ORDINANCE AMENDMENT 2026-0001 FOR ZONING CODE REVISIONS IN TITLE 9 OF THE LA QUINTA MUNICIPAL CODE REGARDING REGULATIONS ON FENCES AND WALLS; SCREENING; YARD STRUCTURES; PROHIBITED SIGNAGE TYPES; APPLICATION TIME LIMITS; AND DEFINITIONS; CEQA:
THE PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3), COMMON SENSE EXEMPTION; PROJECT: 2026 441
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CITY COUNCIL AGENDA Page 6 of 10 JUNE 16, 2026
ZONING CODE UPDATES; LOCATION: CITYWIDE; APPLICANT: CITY OF LA QUINTA [ORDINANCE NO. 636]
BUSINESS SESSION – Continued
PAGE
4. ADOPT RESOLUTION TO APPROVE FISCAL YEAR 2026/27 BUDGET AND ESTABLISH THE CITY’S APPROPRIATIONS LIMIT [RESOLUTION NO. 2026-022] 489
DEPARTMENTAL REPORTS
PAGE
1. CITY MANAGER
2. CITY ATTORNEY
3. CITY CLERK
4. COMMUNITY SERVICES
5. DESIGN AND DEVELOPMENT
6. FINANCE
7. PUBLIC SAFETY
8. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS
REPORTS AND INFORMATIONAL ITEMS
1. ART PURCHASE COMMITTEE (McGarrey & Sanchez)
2. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)
3. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)
4. COACHELLA VALLEY ANIMAL CAMPUS COMMISSION (Sanchez)
5. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)
6. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)
7. COACHELLA VALLEY POWER AGENCY (Evans)
8. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)
9. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)
10. COMMUNITY SERVICE GRANT REVIEW COMMITTEE (Fitzpatrick & McGarrey)
11. COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS:
A) CONSERVATION COMMISSION (Evans)
B) CONSERVATION COMMISSION LEGISLATIVE ADVISORY AD HOC COMMITTEE (Fitzpatrick)
C) ENERGY AND SUSTAINABILITY RESOURCES COMMITTEE (Evans) D) EXECUTIVE COMMITTEE (Evans)
E) HOMELESSNESS COMMITTEE (Peña)
F) PUBLIC SAFETY COMMITTEE (Peña)
G) TRANSPORTATION COMMITTEE (Fitzpatrick)
12. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)
13. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)
14. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)
15. GREATER COACHELLA VALLEY CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Fitzpatrick)
16. LEAGUE OF CALIFORNIA CITIES:
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CITY COUNCIL AGENDA Page 7 of 10 JUNE 16, 2026
A) ANNUAL CONFERENCE DELEGATE (Evans)
B) ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey)
C) EXECUTIVE COMMITTEE – RIVERSIDE COUNTY DIVISION (McGarrey) D) PUBLIC SAFETY COMMITTEE (Sanchez)
17. PALM SPRINGS AIR MUSEUM BOARD & EXECUTIVE COMMITTEE (Evans)
18. RIVERSIDE COUNTY:
A) AIRPORT LAND USE COMMISSION (Sanchez)
B) TRANSPORTATION COMMISSION (Fitzpatrick)
C) TRANSPORTATION COMMISSION AUDIT AD HOC COMMITTEE (Fitzpatrick)
D) TRANSPORTATION COMMISSION COACHELLA VALLEY SAN GORGONIO PASS AREA CORRIDOR AD HOC COMMITTEE (Fitzpatrick)
19. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)
20. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Sanchez) A) REGIONAL COUNCIL (Sanchez)
B) JOINT POLICY COMMITTEE (Sanchez)
C) TRANSPORTATION COMMITTEE (Sanchez)
21. SUNLINE TRANSIT AGENCY (Peña)
22. VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)
23. ARTS AND COMMUNITY SERVICES COMMISSION MEETING MINUTES DATED MARCH 9, 2026
509
24. FINANCIAL ADVISORY COMMISSION MEETING MINUTES DATED MAY 13, 2026
513
25. HOUSING COMMISSION MEETING MINUTES DATED APRIL 9, 2026 517
ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on July 21, 2026, 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 published in accordance with the Brown Act [Gov. Code § 54954.2] on the City’s website, accessible directly from the City’s home page through the “Calendar / Public Meetings” icon link, and posted at the City Hall bulletin board, located near the entrance to the Council Chamber at 78495 Calle Tampico, La Quinta, CA 92253, on June 12, 2026, which is freely accessible to members of the public.
DATED: June 12, 2026
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL AGENDA Page 8 of 10 JUNE 16, 2026
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, CA 92253; and 2) on the City’s website at www.laquintaca.gov/publicmeetings in accordance with the Brown Act [Gov. Code §§ 54954.2, 54956, and 54957.5]
• The La Quinta City Council Chamber is wheelchair accessible. If hearing assistance equipment is needed, please contact the City Clerk’s office at (760) 777-7147, 24-hours in advance of the meeting and accommodation 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, or must be emailed to [email protected]. It is requested that this takes place prior to the beginning of the meeting.
PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:
WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported.
If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.
VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Only one person at a time may speak and only after being recognized by the Mayor.
In accordance with City Council Resolution No. 2026-015, 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.
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CITY COUNCIL AGENDA Page 9 of 10 JUNE 16, 2026
Members of the public who utilize a translator shall be provided at least twice of the allotted time to ensure non-English speakers receive the same opportunity to directly address the Council.
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 website 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 [Gov. Code § 7920.000 et seq.].
TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with the Brown Act “during a proclaimed state of emergency or local emergency,” as defined [Gov. Code § 54953.8.2]; or if a member of the City Council requests to attend and participate in this meeting remotely pursuant to any of the following: (1) “disability” [Gov. Code § 54953(c)], or (2) “just cause” [Gov. Code § 54953.8.3], as defined. In such instances, remote public accessibility and participation will be facilitated via the Zoom Webinar audio-visual platform as detailed at the end of this agenda.
*** TELECONFERENCE AND TELEPHONIC PROCEDURES***
APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT ZOOM LINK: https://us06web.zoom.us/s/88215960899
Meeting ID: 882 1596 0899
Or join by phone: (253) 215 – 8782
VERBAL PUBLIC COMMENTS – members of the public may attend and participate in this meeting by teleconference or telephonic accessibility via the Zoom Webinar audiovisual platform and must activate the “Raise Hand” feature on their electronic device (*9 for telephonic participation) when public comments are prompted by the Mayor, and will be queued in consecutive order; the City will facilitate the ability for a member of the public to be CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 10 of 10 JUNE 16, 2026
audible to the City Council and general public and allow them to speak on the item(s) requested. Members of the public must unmute themselves via the “Audio” feature on their electronic device (*6 for telephonic participation) when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.
WRITTEN PUBLIC COMMENTS can be provided either 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.
CLOSED CAPTION AND TRANSLATION
Closed Caption and Translation are accessible through the Zoom Webinar audio-visual platform and accessible in real-time to all teleconference attendees. Members of the public must activate the “Show Captions” feature on their device for closed caption; and may use the “Options Arrow” to select from the list of available languages for translation. *9 *6
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City of La Quinta
CITY COUNCIL MEETING: June 16, 2026
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION DECLARING APPROXIMATELY 0.24 ACRES
LOCATED ALONG AVENIDA BERMUDAS IN THE CITY OF LA QUINTA, CALIFORNIA, AS SURPLUS LAND; CEQA: EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTIONS 15061, 15312, AND 15378 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT GUIDELINES
RECOMMENDATION
A) Adopt a Resolution declaring approximately 0.24 acres located along Avenida Bermudas, as identified in Exhibit A of the Resolution, as surplus land pursuant to Government Code section 54221(b)(1); and
B) Authorize the City Manager or designee to execute and administer the necessary notice(s) and other actions related to the declaration made in the Resolution, in accordance with the Surplus Lands Ac; and
C) Find the declaration is exempt from environmental review pursuant to section 15061(b)(3), 15312, and 15378 of the California Environmental Quality Act Guidelines.
EXECUTIVE SUMMARY
• The Surplus Lands Act (SLA) (Gov. Code, § 54220 et seq.) governs the disposition of City-owned property that is no longer needed for the City’s use, and requires cities to declare property as “surplus land” or “exempt surplus land” prior to disposing of it. This declaration is a procedural prerequisite only and does not authorize any sale, lease, or transfer of the subject property. • The City owns a 1.11-acre public parking lot (Public Parking Lot) in the Village Commercial Zoning District, assigned assessor parcel number (APN) 773-078- 034. Approximately 0.24 acres of the Public Parking Lot at the northeast corner of Public Parking Lot, along Avenida Bermudas, is proposed to be declared as “surplus land” under the SLA, as 0.24 acres will no longer be necessary for the City’s use as a public parking lot. The approximately 0.24 acres is depicted in Exhibit A attached to the proposed Resolution. The remaining approximately 0.87 acres must remain for public parking use.
• State Guidelines provide that, if the City will continue to use only a portion of its property, then the SLA applies to the other portion of its property no longer needed for the City’s use.
CONSENT CALENDAR ITEM NO. 1
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• Staff recommends Council adopt a resolution to declare approximately 0.24 acres located along Avenida Bermudas, identified in Exhibit A of the Resolution, as “surplus land,” and authorize the City Manager or designee to execute and administer the necessary notices and other actions required under the SLA.
FISCAL IMPACT – None.
BACKGROUND/ANALYSIS
Existing Parking Capacity
The City owns approximately 0.24 acres (10,450 square feet) located along Avenida Bermudas in the Village Commercial Zoning District, depicted in Exhibit A attached to the proposed Resolution (the “Land”). The Land is a portion of an existing surface public parking lot, which is an approximately 1.11-acre surface public parking lot (Public Parking Lot), generally bounded by Avenida Navarro to the west, Avenida Bermudas to the east, and Avenida Montezuma to the south, and identified as APN 773-078-034.
The City periodically conducts parking studies and surveys throughout the various commercial zones, including the Village, to assess current and projected parking needs.
According to the City’s most recent parking study, completed on October 17, 2006, and subsequent survey completed on February 11, 2020, the existing public parking supply exceeds the current demand in this area of the Village Commercial Zoning District. The most recent study and survey may be accessed on the City’s internet website at the following links:
https://www.laquintaca.gov/home/showpublisheddocument/314/635338594527270000 (See page 22)
https://laqlaserweb.laquintaca.gov/WebLink/DocView.aspx?id=531791&dbid=1&repo=Ci tyofLaQuinta&cr=1
(See Page 126)
The City is currently undergoing a follow-up “Village Parking Study and Analysis,” overseen by the City’s Design and Development Department and conducted by Walker Consulting (2026), which, among other items, is reviewing the anticipated future replacement parking capacity sufficient to serve public parking demand currently served by the Public Parking Lot. While the follow-up parking study and analysis is not yet final and only in draft form, preliminary data suggests only 0.87 acres of the Public Parking Lot (APN 773-078-034) will need to remain for use as public parking to service this area of the Village.
Additionally, in the event that the follow-up parking study and survey, or a separate future parking study, for this area of the Village identifies an increased future demand for public parking that was accommodated by the approximately 0.24 acres on the Public Parking Lot to be declared as “surplus land,” staff has identified City-owned property, identified as 12 CLICK HERE to Return to Agenda
APN 773-076-018 and located to the west of the Public Parking Lot (APN 773-078-034), as available replacement parking capacity that the City could immediately activate for use as a surface public parking lot area. A map depicting the location of this potential replacement parking area is shown in Attachment 2 to this Staff Report.
General Background on the Surplus Land Act (SLA)
The SLA governs the disposition of City-owned property that is no longer needed for the City’s use and requires cities to declare such property as “surplus land” or “exempt surplus land” prior to disposition of it, which includes any sale or long-term leases of City-owned property. If surplus land does not fall into a category of “exempt surplus land,” then it qualifies as “surplus land.”
Government Code section 54221(f)(1) defines "exempt surplus land" as land that falls within one or more specific statutory categories enumerated therein. It has been determined by Staff, after consulting with the City Attorney, that the approximately 0.24 acres that comprises the Land does not fall within any such category.
This 0.24-acre portion of the Public Parking Lot, however, may be declared as “surplus property” without the City having to relinquish the 0.87 acres still needed for the City’s use. The California Department of Housing and Community Development (HCD), the state agency with jurisdiction over the SLA, promulgated guidelines (final version issued August 1, 2024) (HCD SLA Guidelines) that provide guidance regarding the implementation of and compliance with this law.
Specifically, Section 104(a)(2) of the HCD SLA Guidelines provides that, if a local agency will continue to use a portion of its real property for the agency’s use, then the agency must comply with the Act with respect to the portion of the real property not necessary for the agency's use. Furthermore, Section 104(a)(2) provides that a local agency may issue a “Notice of Availability” that includes reasonable conditions or restrictions, as provided in section 202(a)(2)(D)(iv), noting that a portion of the agency’s land will continue to be used for agency’s use.
Staff proposes Council to follow the guidance in Section 104(a)(2), such that, if the 0.24- acre Land is declared as “surplus land,” the remaining 0.87 acres of the Public Parking Lot will expressly remain for the City’s use (i.e., “agency’s use”) as public parking serving this area of the Village. In furtherance of this approach, the draft Resolution expressly provides that the remaining 0.87 acres of the Public Parking Lot is neither subject to that Resolution nor subject to the determination that the Land is “surplus land” as defined in the SLA.
Finally, if the Council declares the 0.24 acres as “surplus land,” the SLA then has a process to be followed. In summary, a “Notice of Availability” must be sent to HCD and specified entities, which then have 60 days to notify the City whether they have any interest in negotiating for the possible purchase of the Land. If any interest is provided, the City is required to engage in good faith negotiations for a period of at least 90 days. 13 CLICK HERE to Return to Agenda
Following these steps, the City must provide HCD with a notification detailing the Notice of Availability process.
ENVIRONMENTAL REVIEW
Pursuant to Section 15378(b)(5) of the California Environmental Quality Act Guidelines (14 Cal. Code Regs., § 15000 et seq. (“CEQA Guidelines”)), adopted pursuant to the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.(“CEQA”)), administrative activities of the City, which will not result in direct or indirect physical changes in the environment, are not “projects” under CEQA. Here, the declaration of the Land as “surplus land,” without being attached to any particular development project, has no direct or indirect physical change to the environment. Thus, any action taken by the City declaring as “surplus land” the approximately 02.4 acres is not subject to CEQA. (CEQA Guidelines, § 15060(c)(3).) Even if the declaration of the Land as “surplus land” were determined to be a “project” under CEQA, it is exempt from further CEQA review pursuant to Section 15061(b)(3) of the CEQA Guidelines because there is no possibility that the action taken by the City will have a significant effect on the environment. As proposed, the action of the City is administrative and required pursuant to the SLA.
Because the proposed action is not related to a specific development project, it can be seen with certainty that there is no possibility the action taken by the City will have a significant effect on the environment. Furthermore, none of the exceptions to categorical exemptions apply due to the fact that the action by the City is only an administrative action as required by the SLA, and (a) the Land is not within or part of a particularly sensitive environment, (b) the City action would not have any cumulative impact to the environment as it is not part of any specific development project proposal, (c) there are no unusual circumstances that would attach to the administrative action of the City, (d) the Land is undeveloped (serves as a surface public parking lot) and does not have any historic or scenic resources attached to it, and (e) the Land is not located on a hazardous waste site. As such, no exceptions to a categorical exemption set forth in Section 15300.2 of the CEQA Guidelines would apply. Finally, to the extent applicable, pursuant to Section 15312 of the CEQA Guidelines, a sale of any surplus land is exempt from review under CEQA. Accordingly, no further environmental review is required.
ALTERNATIVES
Council may elect not to adopt the proposed resolution and not to declare as the approximately 0.24 acres (the Land) as surplus land; however, HCD requires SLA compliance prior to any disposition of this 0.24 acres. The City may not dispose of the remaining 0.87 acres that comprise the Public Parking Lot with the proposed action.
Prepared by: Doug Kinley, Senior Management Analyst
Approved by: Gil Villalpando, Director of Business & Housing Attachments: 1. Resolution No. 2026-XXX
2. Map Depicting APN 773-076-018 and Public Parking Lot 14 CLICK HERE to Return to Agenda
RESOLUTION NO. 2026 – XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DECLARING AS SURPLUS
LAND APPROXIMATELY 0.24 ACRES LOCATED ALONG
AVENIDA BERMUDAS IN THE CITY OF LA QUINTA,
CALIFORNIA
WHEREAS, the City of La Quinta (the "City") owns approximately 0.24 acres (10,450 square feet) located along Avenida Bermudas in the Village Commercial Zoning District, located in the City and more particularly depicted in Exhibit A attached to the Resolution (the “Land”); and
WHEREAS, the Land is a portion of Assessor Parcel Number (APN) 773-078-034, which is an approximately 1.11-acre surface public parking lot, generally bounded by Avenida Navarro to the west, Avenida Bermudas to the east, and Avenida Montezuma to the south (the “Public Parking Lot”); and
WHEREAS, according to the City’s most recent parking study and survey, completed on October 17, 2006 and February 11, 2020 respectively, the existing public parking supply exceeds the current demand in this area of the Village Commercial Zoning District; and
WHEREAS, the City is undergoing a follow-up “Village Parking Study and Analysis,” overseen by the City’s Design and Development Department and conducted by Walker Consulting (2026), which, among other items, is reviewing the anticipated future replacement parking capacity sufficient to serve public parking demand currently served by the Public Parking Lot; and
WHEREAS, based upon the most recently completed parking study and survey, as well as the anticipated follow-up parking study and survey, approximately 0.87 acres of the Public Parking Lot will need to remain for use as public parking to service this area of the Village Commercial Zoning District; and
WHEREAS, in the event that the follow-up parking study and survey, or a separate future parking study, for this area of the Village Commercial Zoning District identifies an increased future demand for public parking that was accommodated by the Land, the City-owned real property identified as APN 773-076-018, located to the west of the Public Parking Lot (APN 773-078-034), provides available replacement parking capacity that the City could immediately activate for use as a surface public parking lot area; and WHEREAS, the Surplus Land Act, California Government Code section 54220 et seq. (the "Act" or “SLA”), requires that, before a local agency, which includes cities, may “dispose” of its real property that is no longer needed for the “agency’s use,” the agency's governing body must formally declare that the real property is either "exempt surplus land" ATTACHMENT 115 CLICK HERE to Return to Agenda
Resolution No. 2026-XXX
Surplus Land Declaration – 0.24 acres along Avenida Bermudas Adopted: June 16, 2026
or "surplus land" (all as defined in the Act) at a regular public meeting, supported by written findings, prior to any disposition (Gov. Code, § 54221); and WHEREAS, Government Code section 54221(f)(1) defines "exempt surplus land" as land that falls within one or more specific statutory categories enumerated therein, and it has been determined by the City that the approximately 0.24 acres that comprises the Land described in this Resolution does not fall within any such category; and WHEREAS, the California Department of Housing and Community Development (“HCD”), the state agency with jurisdiction over the Act, has promulgated guidelines with the final version issued August 1, 2024 (The “HCD SLA Guidelines”) that provide guidance regarding the implementation of and compliance with the Act; and WHEREAS, Section 104(a)(2) of the HCD SLA Guidelines provides that, if a local agency will continue to use a portion of its real property for the agency’s use, then the agency must comply with the Act with respect to the portion of the real property not necessary for the agency's use; furthermore, Section 104(a)(2) of the HCD SLA Guidelines provides that a local agency may issue a “Notice of Availability” that includes reasonable conditions or restrictions, as provided in section 202(a)(2)(D)(iv), noting that a portion of the agency’s land will continue to be used for agency’s use; and WHEREAS, the remaining approximately 0.87 acres of the Public Parking Lot shall remain for the “agency’s use” as public parking serving this area of the Village Commercial Zoning District; as such, the remaining approximately 0.87 acres of the Public Parking Lot is neither subject to this Resolution nor subject to the determination that the Land is “surplus land” as defined in the Act; and WHEREAS, pursuant to Section 15378(b)(5) of the California Environmental Quality Act Guidelines (14 Cal. Code Regs., § 15000 et seq. (“CEQA Guidelines”)), adopted pursuant to the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.(“CEQA”)), administrative activities of the City, which will not result in direct or indirect physical changes in the environment, are not “projects” under CEQA. Here, the declaration of the Land as “surplus land” without being attached to any particular development project, has no direct or indirect physical change to the environment. Thus, this action taken by the City is not subject to CEQA. (CEQA Guidelines, § 15060(c)(3).) Even if the declaration of the Land as “surplus land” were determined to be a “project” under CEQA, it is exempt from further CEQA review pursuant to Section 15061(b)(3) of the CEQA Guidelines because there is no possibility that the action taken by the City will have a significant effect on the environment. As proposed, the action of the City is administrative and required pursuant to the SLA. Because the proposed action is not related to a specific development project, it can be seen with certainty that there is no possibility the action taken by the City will have a significant effect on the environment.
Furthermore, none of the exceptions to categorical exemptions apply due to the fact that the action by the City is only an administrative action as required by the SLA, and (a) the Land is not within or part of a particularly sensitive environment, (b) the City action would not have any cumulative impact to the environment as it is not part of any specific 16 CLICK HERE to Return to Agenda
Resolution No. 2026-XXX
Surplus Land Declaration – 0.24 acres along Avenida Bermudas Adopted: June 16, 2026
development project proposal, (c) there are no unusual circumstances that would attach to the administrative action of the City, (d) the Land is undeveloped and does not have any historic or scenic resources attached to it, and (e) the Land is not located on a hazardous waste site. As such, no exceptions to a categorical exemption set forth in Section 15300.2 of the CEQA Guidelines would apply. Finally, to the extent applicable, pursuant to Section 15312 of the CEQA Guidelines, a sale of any surplus land is exempt from review under CEQA. Accordingly, no further environmental review is required.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta to adopt, as follows:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein by this reference.
SECTION 2. The City Council of the City of La Quinta hereby finds and determines that the Land, comprised of the approximately 0.24 acres located along Avenida Bermudas in the Village Commercial Zoning District and more particularly depicted in Exhibit A attached to the Resolution, is no longer necessary for the City's use and is hereby declared “surplus land” pursuant to Government Code section 54221(b)(1) under the SLA. This declaration is expressly a partial-parcel surplus land declaration consistent with Section 104(a)(2) of the HCD SLA Guidelines.
SECTION 3. The remaining approximately 0.87 acres of the Public Parking Lot (APN 773-078-034) is and shall continue to remain for the City’s use as a public parking lot for use as public parking to service this area of the Village Commercial Zoning District.
As such, the remaining approximately 0.87 acres of the Public Parking Lot (APN 773- 078-034) is neither subject to this Resolution nor subject to the determination that the Land is “surplus land” as declared in Section 2 of this Resolutions. Furthermore, because the remaining approximately 0.87 acres of the Public Parking Lot (APN 773-078-034) is and shall continue to remain for the City’s use, this approximately 0.87 acres is not subject to the Act.
SECTION 4. The City Manager or designee is hereby authorized to take any and all required and appropriate actions pursuant to the SLA and HCD SLA Guidelines as result of the declaration of the Land as “surplus land,” including the preparation and transmittal of a “Notice of Availability” to all entities designated under Government Code Section 54222 and any other applicable provisions of the SLA, using HCD's prescribed form (SLA Guidelines, Appendix A). The City Manager or designee is similarly authorized to administer any and all procedures required under the SLA as applicable to the Land being declared as “surplus land.” This authorization does not constitute approval of any sale, lease, or other disposition of the Land, as any such disposition shall require separate City Council review and consideration following receipt from HCD of a “Determination Letter” (as defined in the HCD SLA Guidelines) confirming SLA compliance.
SECTION 5. The City Council finds, for the reasons set forth in the Recitals above, that the declaration of surplus land set forth in Section 2 of this Resolution is not a “project” 17 CLICK HERE to Return to Agenda
Resolution No. 2026-XXX
Surplus Land Declaration – 0.24 acres along Avenida Bermudas Adopted: June 16, 2026
under the California Environmental Quality Act (CEQA), and even if it were a “project,” the declaration is categorically exempt from environmental review under CEQA Guidelines Sections 15061(b)(3) and 15312, and no exceptions to a categorical exemption set forth in Section 15300.2 of the CEQA Guidelines apply. Any subsequent proposed project or proposed development, if any, of the Land will be subject to a separate environmental review under CEQA appropriate to the nature and scope of any subsequent proposed project or proposed development.
SECTION 6. The findings set forth in the Recitals and this Resolution in its entirety, as well as the findings and supporting evidence set forth in the Staff Report and supporting documents that accompanied this Resolution at the time of its adoption, constitute the written findings of the City Council in support of its declaration that the Land is surplus land under the SLA and exempt from further environmental review under CEQA.
SECTION 7. This Resolution shall take effect upon its adoption. The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of June 2026, 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
18 CLICK HERE to Return to Agenda
Resolution No. 2026-XXX
Surplus Land Declaration – 0.24 acres along Avenida Bermudas Adopted: June 16, 2026
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
19 CLICK HERE to Return to Agenda
EXHIBIT A
Resolution No. 2026-XXX
Surplus Land Declaration - 0.24 acres along Avenida Bermudas Adopted: June 16, 2026
20 CLICK HERE to Return to Agenda
Map Depicting APN 773-076-018 and
Public Parking Lot
ATTACHMENT 221 CLICK HERE to Return to Agenda
THIS PAGE
HAS BEEN
INTENTIONALLY
LEFT BLANK
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City of La Quinta
CITY COUNCIL MEETING: June 16, 2026
STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTIONS TO: (A) APPROVE FISCAL YEAR 2026/27
CLASSIFICATION AND SALARY PLAN/SCHEDULE, AND (B) APPROVE AMENDMENT NO. 4 TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES’ ASSOCIATION
RECOMMENDATION
Adopt resolutions to:
(A) Approve the classification plan and salary plan/schedule for fiscal year 2026/27, effective July 1, 2026, and
(B) Approve Amendment No. 4 to the Memorandum of Understanding between the City of La Quinta and the La Quinta City Employees’ Association.
EXECUTIVE SUMMARY
• The City’s classification plan and salary plan/schedule must be approved by Council and adopted by resolution in accordance with the City’s Personnel Policy. • The current Memorandum of Understanding (MOU) between the City and the La Quinta Employees’ Association (Association) provides a meet-and-confer reopener to determine the annual World at Work salary plan/schedule adjustment.
Fiscal year (FY) 2026/27 is the final year of the MOU term. • The City and Association met and conferred regarding the annual reopener to determine the FY 2026/27 World at Work salary plan/schedule adjustment and mutually agreed on a 2.3% salary/plan schedule adjustment effective July 1, 2026. • The proposed Amendment No. 4 to the MOU, if approved, will implement the agreed-upon terms for all Association members.
• The City applies the same salary plan/schedule adjustments to non-represented regular full-time and part-time employees as those approved for Association members, ensuring organization-wide consistency and equity.
FISCAL IMPACT
The FY 2026/27 cost to implement the 2.3% salary plan/schedule adjustment is approximately $550,000, and has been incorporated into the FY 2026/27 Proposed Budget through personnel-related salary and benefit appropriations.
CONSENT CALENDAR ITEM NO. 2
23 CLICK HERE to Return to Agenda
BACKGROUND/ANALYSIS
The City’s classification plan and salary plan/schedule must be approved by Council and adopted by resolution in accordance with the City’s Personnel Policy.
In August 2022, the City and the Association executed a five-year MOU providing for an annual meet and confer reopener to evaluate salary plan/schedule adjustments based on the World at Work Salary Budget Survey.
Following collaborative discussions, the City and Association agreed to a 2.3% salary plan/schedule adjustment effective July 1, 2026. To implement these agreed-upon terms and ensure consistency, Council must adopt resolutions to approve both the amendment to the MOU and the City's FY 2026/27 Classification Plan and Salary Plan/Schedule for non-represented regular full-time and part-time employees.
Approving the updated Classification Plan and 2.3% salary plan/schedule adjustment aligns the City’s compensation practices with established workforce objectives and the negotiated MOU terms. These actions strengthen the City’s capacity to support staffing needs and maintain a compensation structure that reflects organizational priorities.
The City follows a consistent practice of extending benefit/salary adjustments provided to Association members to non-represented regular full-time and part-time employees.
ALTERNATIVES
The City and the Association have engaged in good-faith negotiations to reach a mutually acceptable outcome, and approval of the 2.3% salary plan/schedule adjustment would conclude the FY 2026/27 reopener, the final salary adjustment reopener under the current MOU, which expires on June 30, 2027. While staff does not recommend alternatives, Council may choose not to approve the negotiated 2.3% adjustment.
Prepared by: Carla Triplett, Human Resources Deputy Director Approved by: Jon McMillen, City Manager
Attachments: 1. Resolution No. 2026-XXX
2. Resolution No. 2026-XXX
24 CLICK HERE to Return to Agenda
RESOLUTION NO. 2026 – XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING THE
CLASSIFICATION AND SALARY/PLAN SCHEDULE FOR
FISCAL YEAR 2026/2027
WHEREAS, the classification plan and salary plan/schedule of the City of La Quinta must be approved by the City Council and adopted by resolution in accordance with the City of La Quinta’s (“City”) Personnel Policy; and WHEREAS, the City desires to implement an updated classification plan and 2.3% salary/plan schedule adjustment for fiscal year 2026/2027 effective July 1, 2026; and WHEREAS, the City desires to establish a fair and equitable classification plan; and
WHEREAS, this document will supersede any prior resolutions and amendments and may be changed only upon approval of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:
SECTION 1. The City Council hereby approves to implement the City’s fiscal year 2026/27 Classification Plan, attached hereto as Exhibit A and incorporated herewith by this reference, for all non-represented regular full-time and part-time employees.
SECTION 2. The City Council hereby approves to implement the City’s fiscal year 2026/2027 Salary Plan/Schedule, attached hereto as Exhibit B and incorporated herewith by this reference, for all non-represented regular full-time and part-time employees.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 16th day of June 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTACHMENT 1
25 CLICK HERE to Return to Agenda
Resolution No. 2026 – xxx
FY 2026/2027 Classification and Salar Plan/Schedule
Adopted: June 16, 2026
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
26 CLICK HERE to Return to Agenda
CITY OF LA QUINTA
2026/2027 CLASSIFICATION PLAN
EFFECTIVE JULY 1, 2026
RESOLUTION NO. 2026-XXX
EXHIBIT A
Adopted: June 16, 2026
Administrative
Administrative Assistant Administrative Assistant A12
Administrative Technician Administrative Technician B21/B22 Executive Specialist Executive Specialist B25/B32
Building
Building Inspector Apprentice Building Inspector Apprentice B22 Building Inspector Building Inspector B23
Senior Building Inspector Senior Building Inspector B24/B31 Plans Examiner Plans Examiner B25/B32
Deputy Building Official Deputy Building Official C42
Centralized Services
Permit Technician Apprentice Permit Technician Apprentice B21 Permit Technician Permit Technician B22
Senior Permit Technician Senior Permit Technician B23
City Clerk
Records Technician Apprentice Records Technician Apprentice B21 Records Technician Records Technician B22
Records Coordinator Records Coordinator B25/B32
Deputy City Clerk Deputy City Clerk B25/B32
Code
Code Compliance Officer Apprentice Code Compliance Officer Apprentice B21 Code Compliance Officer Code Compliance Officer B22
Senior Code Compliance Officer Senior Code Compliance Officer B23 Animal Control/Code Compliance Supervisor Animal Control/Code Compliance Supervisor C42 Community Services
Recreation Leader Recreation Leader A11
Senior Recreation Leader Senior Recreation Leader A12
Community Services Specialist Community Services Specialist B23 Senior Community Services Specialist Senior Community Services Specialist B24 Data Administration
Data Reporting Specialist Data Reporting Specialist B24/B32 Engineering
Construction Inspector Apprentice Construction Inspector Apprentice B22 Construction Inspector Construction Inspector B23
Engineering Specialist Engineering Specialist B24
Assistant Construction Manager Assistant Construction Manager C43 Public Works Development Services Manager Public Works Development Services Manager D61 Senior Civil/Managing Engineer Senior Civil/Managing Engineer D63 Finance
Finance Technician Apprentice Finance Technician Apprentice B21 Finance Technician Finance Technician B22
Senior Finance Technician Senior Finance Technician B23 Junior Accountant Junior Accountant B24
Accountant Accountant B25/B32
Senior Accountant Senior Accountant C42
Human Resources
Human Resources Technician Apprentice Human Resources Technician Apprentice B21 Human Resources Technician Human Resources Technician B22 Maintenance & Operations
Maintenance & Operations Worker Maintenance & Operations Worker A12 Senior Maintenance & Operations Worker Senior Maintenance & Operations Worker A13 Maintenance & Operations Technician Maintenance & Operations Technician B23 Maintenance & Operations Coordinator Maintenance & Operations Coordinator B24/B31 Maintenance & Operations Crew Leader Maintenance & Operations Crew Leader B24/B31 Maintenance & Operations Superintendent Maintenance & Operations Superintendent C43 Management
Manager Building Official D61
Manager Finance Manager D61
Manager Hub Manager D61
Manager Marketing Manager D61
Manager Planning Manager D61
Manager Technology Manager D61
Deputy Director Community Services Deputy Director D63
Deputy Director Maintenance & Operations Deputy Director D63 Deputy Director Human Resources Deputy Director D63
Deputy Director Public Safety Deputy Director D63
CLASSIFICATION SERIES CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE RATING 1 27 CLICK HERE to Return to Agenda
CITY OF LA QUINTA
2026/2027 CLASSIFICATION PLAN
EFFECTIVE JULY 1, 2026
RESOLUTION NO. 2026-XXX
EXHIBIT A
Adopted: June 16, 2026
Management (continued)
Director City Clerk E82
Director Design & Development Director E82
Director Director (Business Unit/Housing Development) E82 Director Finance Director/Treasurer E82
Director Public Works Director/City Engineer E82
City Manager City Manager F101*
Management Administration
Management Specialist Management Specialist B25
Management Analyst Apprentice Management Analyst Apprentice B25 Management Analyst Management Analyst C42
Senior Management Analyst Senior Management Analyst C43 Principal Management Analyst Principal Management Analyst C44/C51 Marketing/Communications
Marketing & Communications Specialist Apprentice Marketing & Communications Specialist Apprentice B23 Marketing & Communications Specialist Marketing & Communications Specialist B24/B31 Planning
Assistant Planner Apprentice Assistant Planner Apprentice B24 Assistant Planner Assistant Planner B25
Associate Planner Associate Planner C42
Senior Planner Senior Planner C44/C51
Public Works Administration
Public Works Specialist Public Works Specialist B23
Traffic
Traffic Signal Technician Apprentice Traffic Signal Technician Apprentice B21 Traffic Signal Technician Traffic Signal Technician B22 * City Manager salary is determined by City Council contract
CLASSIFICATION SERIES CLASSIFICATION SPECIFICATION AUTHORIZED WORKING TITLE RATING 2 28 CLICK HERE to Return to Agenda
WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 A11 $ 45,763.82 $ 48,411.59 $ 51,059.35 $ 53,707.11 $ 56,354.88 $ 59,002.64 $ 61,650.41 $ 64,298.17 Administrative Assistant
Maintenance & Operations Worker A12 $ 50,349.91 $ 53,263.01 $ 56,176.12 $ 59,089.22 $ 62,002.32 $ 64,915.42 $ 67,828.52 $ 70,741.63 Senior Maintenance & Operations Worker A13 $ 54,936.00 $ 58,114.44 $ 61,292.88 $ 64,471.32 $ 67,649.76 $ 70,828.20 $ 74,006.64 $ 77,185.08 Administrative Technician
Code Compliance Officer Apprentice
Finance Technician Apprentice
Human Resources Technician Apprentice
Permit Technician Apprentice
Records Technician Apprentice
Traffic Signal Technician Apprentice
B21 $ 59,535.87 $ 62,980.44 $ 66,425.02 $ 69,869.59 $ 73,314.17 $ 76,758.74 $ 80,203.32 $ 83,647.89 Administrative Technician
Building Inspector Apprentice
Code Compliance Officer
Construction Inspector Apprentice
Finance Technician
Human Resources Technician
Permit Technician
Records Technician
Traffic Signal Technician
B22 $ 64,121.96 $ 67,831.87 $ 71,541.78 $ 75,251.70 $ 78,961.61 $ 82,671.52 $ 86,381.44 $ 90,091.35 Building Inspector
Community Services Specialist
Construction Inspector
Maintenance & Operations Technician
Marketing & Communications Specialist Apprentice
Public Works Specialist
Senior Code Compliance Officer
Senior Finance Technician
Senior Permit Technician
B23 $ 68,708.06 $ 72,683.31 $ 76,658.56 $ 80,633.81 $ 84,609.07 $ 88,584.32 $ 92,559.57 $ 96,534.82 Assistant Planner Apprentice
Data Reporting Specialist
Junior Accountant
Maintenance & Operations Coordinator
Maintenance & Operations Crew Leader
Marketing & Communications Specialist
Senior Building Inspector
Senior Community Services Specialist
B24 $ 75,030.00 $ 79,371.02 $ 83,712.04 $ 88,053.06 $ 92,394.08 $ 96,735.10 $ 101,076.13 $ 105,417.15 Accountant
Assistant Planner
Deputy City Clerk
Executive Specialist
Plans Examiner
Management Analyst Apprentice
Management Specialist
Records Coordinator
B25 $ 82,809.39 $ 87,600.51 $ 92,391.62 $ 97,182.74 $ 101,973.85 $ 106,764.96 $ 111,556.08 $ 116,347.19 B31 $ 75,030.00 $ 79,371.02 $ 83,712.04 $ 88,053.06 $ 92,394.08 $ 96,735.10 $ 101,076.13 $ 105,417.15 B32 $ 82,809.39 $ 87,600.51 $ 92,391.62 $ 97,182.74 $ 101,973.85 $ 106,764.96 $ 111,556.08 $ 116,347.19 WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Associate Planner
Animal Control/Code Compliance Supervisor
Deputy Building Official
Management Analyst
Senior Accountant
C42 $ 89,477.17 $ 94,497.84 $ 99,518.50 $ 104,539.16 $ 109,559.83 $ 114,580.49 $ 119,601.16 $ 124,621.82 $ 129,642.48 $ 134,663.15 Assistant Construction Manager
Maintenance & Operations Superintendent
Senior Management Analyst
C43 $ 94,383.96 $ 99,679.94 $ 104,975.93 $ 110,271.92 $ 115,567.91 $ 120,863.90 $ 126,159.89 $ 131,455.88 $ 136,751.86 $ 142,047.85 Principal Management Analyst
Senior Planner C44 $ 100,528.51 $ 106,169.27 $ 111,810.04 $ 117,450.80 $ 123,091.57 $ 128,732.34 $ 134,373.10 $ 140,013.87 $ 145,654.64 $ 151,295.40 Building Official
Finance Manager
Hub Manager
Marketing Manager
Planning Manager
Public Works Development Services Manager
Technology Manager
D61 $ 114,040.62 $ 120,439.56 $ 126,838.51 $ 133,237.45 $ 139,636.40 $ 146,035.34 $ 152,434.29 $ 158,833.24 $ 165,232.18 $ 171,631.13 Community Services Deputy Director
Human Resources Deputy Director
Maintenance & Operations Deputy Director
Public Safety Deputy Director
Senior Civil/Managing Engineer
D63 $ 125,729.79 $ 132,784.63 $ 139,839.47 $ 146,894.30 $ 153,949.14 $ 161,003.98 $ 168,058.82 $ 175,113.66 $ 182,168.49 $ 189,223.33 City Clerk
Design & Development Director
Director (Business Unit/Housing Development)
Finance Director/City Treasurer
Public Works Director/City Engineer
E82 $ 151,446.37 $ 159,944.19 $ 168,442.02 $ 176,939.84 $ 185,437.66 $ 193,935.49 $ 202,433.31 $ 210,931.14 $ 219,428.96 $ 227,926.78 City Manager F101* $ 222,802.33 $ 233,283.18 $ 243,764.03 $ 254,244.89 $ 264,725.74 $ 275,206.59 $ 285,687.44 $ 296,168.30 $ 306,649.15 $ 317,130.00 Recreation Leader A11 $ 22.00 $ 23.27 $ 24.55 $ 25.82 $ 27.09 $ 28.37 $ 29.64 $ 30.91 Senior Recreation Leader A12 $ 24.21 $ 25.61 $ 27.01 $ 28.41 $ 29.81 $ 31.21 $ 32.61 $ 34.01 Elected Official Positions
(per La Quinta Municipal Code Section 2.04.050)
Mayor
Council Members
City Council Approval Effective Date
6/16/2026 7/1/2026
$ 2,300.00
PART-TIME EMPLOYEES (HOURLY)
FULL-TIME EMPLOYEES (ANNUAL)
FULL-TIME EMPLOYEES (ANNUAL)
Monthly
$ 2,800.00
RESOLUTION NO. 2026-XXX
EXHIBIT B
Adopted: June 16, 2026
2026-2027
Salary Schedule
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RESOLUTION NO. 2026 – XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, APPROVING AMENDMENT
NO. 4 TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF LA QUINTA AND THE LA
QUINTA EMPLOYEES’ ASSOCIATION
WHEREAS, Council adopted Resolution No. 2022-029 on August 2, 2022, approving the current five-year Memorandum of Understanding (“MOU”) between the City of La Quinta (“City”) and the La Quinta Employees’ Association (“Association”), expiring on June 30, 2027; and
WHEREAS, Council adopted Resolution No. 2023-021 on June 20, 2023, approving Amendment No. 1 to the MOU, providing a 2.7% World at Work salary plan/schedule adjustment effective July 1, 2023, and recognition of Christmas Eve as a designated paid holiday observed on December 22, 2023; and WHEREAS, Council adopted Resolution No. 2024-025 on June 18, 2024, approving Amendment No. 2 to the MOU, providing a 2.8% World at Work salary plan/schedule adjustment, updates to the fiscal year 2024/2025 salary plan/schedule and Vacation Leave Transfer Policy effective July 1, 2024; and WHEREAS, Council adopted Resolution No. 2025-016 on June 17, 2025, approving Amendment No. 3 to the MOU, providing a 2.7% World at Work salary plan/schedule adjustment and updates to the fiscal year 2025/2026 salary plan/schedule; and
WHEREAS, the current MOU between the City and the Association provides for an annual meet and confer reopener to determine annual World at Work salary plan/schedule adjustments; and
WHEREAS, the City and the Association, the recognized organization representing its members, have met and conferred over wages, hours, terms, and conditions of employment pursuant to Government Code 3500, as amended; and WHEREAS, the City and the Association have negotiated and mutually agreed upon a 2.3% salary plan/schedule adjustment effective July 1, 2026.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows:
SECTION 1. The City Council hereby ratifies and approves the implementation of the economic benefit and right set forth in Amendment No. 4 between the City and Association, attached and incorporated herewith as Exhibit A, to the extent the City may ATTACHMENT 2
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Resolution No. 2026 – xxx
Amendment No. 4 to MOU with La Quinta City Employee Association Adopted: June 16, 2026
legally ratify and approve the economic benefit and right in Amendment No. 4 within the terms of the MOU.
PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this day of 2026, 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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AMENDMENT NO. 4
TO MEMORANDUM OF UNDERSTANDING
This AMENDMENT NO. 4 (AMENDMENT) is made by and between the CITY OF LA QUINTA (CITY) and the LA QUINTA CITY EMPLOYEES' ASSOCIATION (ASSOCIATION) as of June 16, 2026.
RECITALS
WHEREAS, City Council adopted Resolution No. 2022-029 on August 2, 2022, approving the current Memorandum of Understanding (MOU) between the CITY and the ASSOCIATION covering the period from August 2, 2022, through June 30, 2027; and WHEREAS, City Council adopted Resolution No. 2023-021 on June 20, 2023, approving Amendment No. 1 to the MOU providing a 2.7% World at Work salary plan/schedule adjustment effective July 1, 2023, and recognition of Christmas Eve as a designated paid holiday observed December 22, 2023; and WHEREAS, City Council adopted Resolution No. 2024-025 on June 18, 2024, approving Amendment No. 2 to the MOU providing a 2.8% World at Work salary plan/schedule adjustment, updated fiscal year 2024/2025 salary plan/schedule, and Vacation Leave Transfer Policy revisions effective July 1, 2024; and WHEREAS, Council adopted Resolution No. 2025-016 on June 17, 2025, approving Amendment No. 3 to the MOU, providing a 2.7% World at Work salary plan/schedule adjustment and updates to the fiscal year 2025/2026 salary plan/schedule; and
WHEREAS, Section 2.2 of the MOU provides for an annual meet and confer reopener to determine World at Work salary plan/schedule adjustments; and WHEREAS, in May 2026, the CITY and ASSOCIATION began labor negotiations to meet and confer over wages, hours, terms, and conditions of employment, pursuant to Government Code 3500; and
WHEREAS, the CITY and ASSOCIATION met and considered fiscal year 2026/2027 World at Work salary structure adjustments.
NOW, THEREFORE, it is agreed by and among the parties as follows:
1. The foregoing Recitals are true and correct and incorporated in full as part of this AMENDMENT.
2. The CITY and the ASSOCIATION have negotiated and agreed upon a 2.3% salary plan/schedule adjustment effective July 1, 2026, attached hereto as Exhibit 1; and
3. The reopener referenced in Section 2.2 of the MOU is concluded/closed for purposes of the fiscal year 2026/2027 salary plan/schedule adjustments; and RESOLUTION NO. 2026-XXX
EXHIBIT A
Adopted: June 16, 2026
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4. Except as modified by this Agreement, the MOU remains in full force and effect according to its terms.
CITY OF LA QUINTA LA QUINTA CITY EMPLOYEES'
ASSOCIATION
By: By:
Its Mayor Its President
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WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 A11 $ 45,763.82 $ 48,411.59 $ 51,059.35 $ 53,707.11 $ 56,354.88 $ 59,002.64 $ 61,650.41 $ 64,298.17 Administrative Assistant
Maintenance & Operations Worker A12 $ 50,349.91 $ 53,263.01 $ 56,176.12 $ 59,089.22 $ 62,002.32 $ 64,915.42 $ 67,828.52 $ 70,741.63 Senior Maintenance & Operations Worker A13 $ 54,936.00 $ 58,114.44 $ 61,292.88 $ 64,471.32 $ 67,649.76 $ 70,828.20 $ 74,006.64 $ 77,185.08 Administrative Technician
Code Compliance Officer Apprentice
Finance Technician Apprentice
Human Resources Technician Apprentice
Permit Technician Apprentice
Records Technician Apprentice
Traffic Signal Technician Apprentice
B21 $ 59,535.87 $ 62,980.44 $ 66,425.02 $ 69,869.59 $ 73,314.17 $ 76,758.74 $ 80,203.32 $ 83,647.89 Administrative Technician
Building Inspector Apprentice
Code Compliance Officer
Construction Inspector Apprentice
Finance Technician
Human Resources Technician
Permit Technician
Records Technician
Traffic Signal Technician
B22 $ 64,121.96 $ 67,831.87 $ 71,541.78 $ 75,251.70 $ 78,961.61 $ 82,671.52 $ 86,381.44 $ 90,091.35 Building Inspector
Community Services Specialist
Construction Inspector
Maintenance & Operations Technician
Marketing & Communications Specialist Apprentice
Public Works Specialist
Senior Code Compliance Officer
Senior Finance Technician
Senior Permit Technician
B23 $ 68,708.06 $ 72,683.31 $ 76,658.56 $ 80,633.81 $ 84,609.07 $ 88,584.32 $ 92,559.57 $ 96,534.82 Assistant Planner Apprentice
Data Reporting Specialist
Junior Accountant
Maintenance & Operations Coordinator
Maintenance & Operations Crew Leader
Marketing & Communications Specialist
Senior Building Inspector
Senior Community Services Specialist
B24 $ 75,030.00 $ 79,371.02 $ 83,712.04 $ 88,053.06 $ 92,394.08 $ 96,735.10 $ 101,076.13 $ 105,417.15 Accountant
Assistant Planner
Deputy City Clerk
Executive Specialist
Plans Examiner
Management Analyst Apprentice
Management Specialist
Records Coordinator
B25 $ 82,809.39 $ 87,600.51 $ 92,391.62 $ 97,182.74 $ 101,973.85 $ 106,764.96 $ 111,556.08 $ 116,347.19 B31 $ 75,030.00 $ 79,371.02 $ 83,712.04 $ 88,053.06 $ 92,394.08 $ 96,735.10 $ 101,076.13 $ 105,417.15 B32 $ 82,809.39 $ 87,600.51 $ 92,391.62 $ 97,182.74 $ 101,973.85 $ 106,764.96 $ 111,556.08 $ 116,347.19 WORKING TITLE DBM STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 Associate Planner
Animal Control/Code Compliance Supervisor
Deputy Building Official
Management Analyst
Senior Accountant
C42 $ 89,477.17 $ 94,497.84 $ 99,518.50 $ 104,539.16 $ 109,559.83 $ 114,580.49 $ 119,601.16 $ 124,621.82 $ 129,642.48 $ 134,663.15 Assistant Construction Manager
Maintenance & Operations Superintendent
Senior Management Analyst
C43 $ 94,383.96 $ 99,679.94 $ 104,975.93 $ 110,271.92 $ 115,567.91 $ 120,863.90 $ 126,159.89 $ 131,455.88 $ 136,751.86 $ 142,047.85 Principal Management Analyst
Senior Planner C44 $ 100,528.51 $ 106,169.27 $ 111,810.04 $ 117,450.80 $ 123,091.57 $ 128,732.34 $ 134,373.10 $ 140,013.87 $ 145,654.64 $ 151,295.40 Building Official
Finance Manager
Hub Manager
Marketing Manager
Planning Manager
Public Works Development Services Manager
Technology Manager
D61 $ 114,040.62 $ 120,439.56 $ 126,838.51 $ 133,237.45 $ 139,636.40 $ 146,035.34 $ 152,434.29 $ 158,833.24 $ 165,232.18 $ 171,631.13 Community Services Deputy Director
Human Resources Deputy Director
Maintenance & Operations Deputy Director
Public Safety Deputy Director
Senior Civil/Managing Engineer
D63 $ 125,729.79 $ 132,784.63 $ 139,839.47 $ 146,894.30 $ 153,949.14 $ 161,003.98 $ 168,058.82 $ 175,113.66 $ 182,168.49 $ 189,223.33 City Clerk
Design & Development Director
Director (Business Unit/Housing Development)
Finance Director/City Treasurer
Public Works Director/City Engineer
E82 $ 151,446.37 $ 159,944.19 $ 168,442.02 $ 176,939.84 $ 185,437.66 $ 193,935.49 $ 202,433.31 $ 210,931.14 $ 219,428.96 $ 227,926.78 City Manager F101* $ 222,802.33 $ 233,283.18 $ 243,764.03 $ 254,244.89 $ 264,725.74 $ 275,206.59 $ 285,687.44 $ 296,168.30 $ 306,649.15 $ 317,130.00 Recreation Leader A11 $ 22.00 $ 23.27 $ 24.55 $ 25.82 $ 27.09 $ 28.37 $ 29.64 $ 30.91 Senior Recreation Leader A12 $ 24.21 $ 25.61 $ 27.01 $ 28.41 $ 29.81 $ 31.21 $ 32.61 $ 34.01 Elected Official Positions
(per La Quinta Municipal Code Section 2.04.050)
Mayor
Council Members
City Council Approval Effective Date
6/16/2026 7/1/2026
$ 2,300.00
PART-TIME EMPLOYEES (HOURLY)
FULL-TIME EMPLOYEES (ANNUAL)
FULL-TIME EMPLOYEES (ANNUAL)
Monthly
$ 2,800.00
2026-2027
Salary Schedule
RESOLUTION NO. 2026-XXX
EXHIBIT 1
Adopted: June 16, 2026
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City of La Quinta
CITY COUNCIL MEETING: June 16, 2026
STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE
CITY COUNCIL AND FOUR CITY STAFF MEMBERS TO ATTEND THE LEAGUE OF
CALIFORNIA CITIES ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, SEPTEMBER 23-25, 2026
RECOMMENDATION
Authorize overnight travel for three members of the City Council and four City staff members to attend the League of California Cities Annual Conference in Anaheim, California, September 23-25, 2026.
EXECUTIVE SUMMARY
• The League of California Cities (League) is an association of California cities who collaborate to exchange information and combine resources to influence state legislation.
• The League’s Annual Conference (Conference) provides attendees the opportunity to participate in education sessions, discussion forums and networking. • This item has been scheduled this far in advance so that attendees may obtain advance bookings at reduced rates.
FISCAL IMPACT
Estimated expenses are $1,675 per attendee; this cost includes conference registration, travel, lodging and meals. Funds will be budgeted in fiscal year 2026/27 in each department’s respective Travel and Training account ending in 60320.
BACKGROUND/ANALYSIS
The Conference provides an opportunity for local leaders to learn from leading experts as well as from their peers. Education sessions and forums will include topics such as economic development, housing, public safety, communication, and technology.
Further, the League’s Annual Business Meeting, held during the General Assembly, acts on resolutions that establish League policy; Mayor Evans is the City’s voting delegate and Mayor Pro Tem Fitzpatrick is the alternate in Mayor’s absence. Additionally, the Regional Riverside Division holds a meeting during this time.
CONSENT CALENDAR ITEM NO. 3
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Staff requests Council consideration this far in advance as the League has already opened registration for the September 2026 Conference, and if members register now, they qualify for reduced registration and lodging rates.
ALTERNATIVES
Council may elect to reduce the number of attendees or not have anyone attend.
Prepared by: Jennifer Nelson, Executive Specialist
Approved by: Jon McMillen, City Manager
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City of La Quinta
CITY COUNCIL MEETING: June 16, 2026
STAFF REPORT
AGENDA TITLE: EXCUSE ABSENCE OF COMMISSIONER NIETO FROM THE JUNE 9, 2026, PLANNING COMMISSION MEETING
RECOMMENDATION
Excuse absence of Commissioner Nieto from the June 9, 2026, Planning Commission meeting.
EXECUTIVE SUMMARY
Commissioner Nieto requested to be excused from the June 9, 2026, Planning Commission meeting due to illness.
Commissioner Nieto has one excused absence and no unexcused absences for fiscal year 2025/26.
FISCAL IMPACT – No meeting attendance compensation is paid to absent members.
BACKGROUND/ANALYSIS
Section 2.06.090(B) of the La Quinta Municipal Code states: “If any member of a board, commission or committee absents themself from two consecutive regular meetings or absents themself from a total of three regular meetings within any fiscal year, their office shall become vacant and shall be filled as any other vacancy.” Section 2.06.090(C) further states: “Any member of a board or commission may request advance permission from the city council to be absent at one or more regular meetings due to extenuating circumstances, and/or may request the city council to excuse an absence after-the-fact where such extenuating circumstances prevented the member from seeking advance permission to be absent, except for the housing commission, whose member(s) may request such excusal from the housing authority. Any member of a temporary committee may request such excusal from the establishing body. If such permission or excuse is granted by the city council, housing authority, or establishing body, the absence shall not be counted toward the above-stated limitations on absences.”
ALTERNATIVES
Council may deny this request, which would result in the absence being counted toward the Commissioners’ limitation on absences as noted above.
Prepared by: Amanda Guerrero, Records Technician
Approved by: Monika Radeva, City Clerk
CONSENT CALENDAR ITEM NO. 4
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City of La Quinta
CITY COUNCIL MEETING: June 16, 2026
STAFF REPORT
AGENDA TITLE: APPROVE CONNOISSEUR MEDIA MARKETING SERVICES FOR FISCAL YEAR 2026/27
RECOMMENDATION
Approve Connoisseur Media marketing services for fiscal year 2026/27; and authorize the City Manager to execute any documents necessary to effectuate the services.
EXECUTIVE SUMMARY
• Connoisseur Media (Connoisseur), formerly Alpha Media, is a broadcast company providing media, entertainment, and digital marketing solutions. • Since 2023, the City has utilized Connoisseur’s services for radio and digital advertising to educate and inform the community on IRONMAN 70.3 triathlon event and to ensure compliance with AB 1383 through Cal Recycle for mandatory education on recycling and composting.
FISCAL IMPACT
The total not to exceed amount for these services for fiscal year (FY) 2026/27 is $69,475 as detailed below.
The cost for Connoisseur’s IRONMAN campaign is $26,475. Funds will be budgeted in the FY 2026/27 Community Experiences account 101-3003-60149; costs have remained consistent with the FY 2025/26 campaign.
The cost for Connoisseur’s Recycling Education campaign is $43,000, which includes connected television ads and digital ads. This is a decrease of $17,000 from FY 2025/26 due to the changing restrictions on Cal Recycle requirements of direct outreach. Funds will be budgeted in the FY 2026/27 AB 939 Recycling Solutions account 221-0000-60127.
BACKGROUND/ANALYSIS
Since 2023, the City has utilized Connoisseur for radio, connected TV, and digital marketing services to inform the community on IRONMAN 70.3 triathlon event and mandatory education on recycling and composting. Staff proposes to continue the existing services into FY 2026/27 for a not to exceed amount of $69,475.
CONSENT CALENDAR ITEM NO. 5
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ALTERNATIVES
Council may elect not to continue Connoisseur’s promotion services and direct staff to seek other vendors for these services.
Prepared by: Marcie Graham, Marketing Manager
Approved by: Jon McMillen, City Manager
Attachments: 1. Connoisseur Media IRONMAN Proposal
2. Connoisseur Media Recycling OTT Proposal
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Confidential & Proprietary | © 2025 Connoisseur Media - All Rights Reserved City of La Quinta
IRONMAN 2026
ATTACHMENT 1
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Radio & Website Banner Schedule
Radio Schedule: 09/21 -10/4, 10/12 - 10/25 and 11/9 - 12/6 (Monday - Sunday 7A-8P) ● 25 Thirty second commercials per week on 93.7 KCLB
● 25 Thirty second commercials per week on 98.5 The Bull ● 25 Thirty second commercials per week on 107.3 MOD
● 25 Thirty second commercials per week on 106.9 The Eagle ● 25 Thirty second commercials per week on U92.7
● 25 Thirty second commercials per week on 103.9 ESPN
● 25 Thirty second commercials per week on 94.3 KNWZ
● 25 Thirty second commercials per week on Mix 100.5
● 15 Fifteen second PSA’s per week per station reminding people to check the map online for road closures and upcoming date of event ● On air interview
Digital Schedule: 09/28 - 12/06
● Rotating banner ads on all Alpha Media station websites with link to URL and map posted with Iron man route TOTAL INVESTMENT: $17,475
Approved__________________________________________________ Date________ Business_________________Address______________City________State___Zip_____ Start date September 21, 2026 End date December 6, 2026 44 CLICK HERE to Return to Agenda
SUMMARY
Campaign Name Client Name Campaign Dates
Product Name Product Option Key Metric/Month Monthly Budget Smart Social Meta
Video Blend
CPM-Mobile Device IDs
$9,000
CTV 50%/Pre-Roll 50%
Total Campaign Budget
City of La Quinta -
Digital
166,667
89,286 IMPRESSIONS
$2,000
$2,500
Ironman2026 Oct 11, 2026 - Dec 06, 2026
Approved__________________________________________________ Date________ 45 CLICK HERE to Return to Agenda
D I G I T A L S O L U T I O N S
Annual Recycling
Campaign
© 2026 Connrex Digital - All Rights Reserved
ATTACHMENT 2
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MARKETING OBJECTIVES
1. Increase Resident Awareness of Proper Waste & Recycling Practices ● Educate residents on what can and cannot be recycled. ● Reduce contamination in recycling bins.
● Promote proper disposal methods for household waste, bulky items, e-waste, and hazardous materials. ● Ensure residents understand available city waste and recycling services.
2. Encourage Behavioral Change to Improve Environmental Sustainability ● Motivate residents to recycle correctly and consistently. ● Promote waste reduction strategies such as reuse, composting, and reducing single-use plastics. ● Increase participation in city-sponsored recycling and cleanup programs. ● Support La Quinta's sustainability and environmental stewardship goals.
3. Strengthen Community Engagement and Utilization of City Resources ● Increase awareness of collection schedules, special pickup services, and recycling events. ● Drive traffic to city information channels, websites, and educational resources. ● Foster a shared sense of responsibility for keeping La Quinta clean and environmentally conscious. ● Encourage residents to take an active role in community beautification and waste reduction efforts. 47 CLICK HERE to Return to Agenda
GEOTARGETING
Geotargeting Includes: 92253
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YOUR CUSTOM
AUDIENCE
Reach the right people at the right time with targeting that blends third-party segments, your data, and contextual placements for maximum impact.
Additional Segments:
Proposal Targeting
Age
All years
Gender
All
Household Income
All
Marital Status
All
Home Ownership
All
Target Audience Size
40,368
% of Total
100%
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SUMMARY
Campaign Name Client Name Campaign Dates
Product Name Product Option Key Metric/Month Monthly Budget Display
Video Blend
Smart Social Meta
Audience Segments
$43,000
CTV 50%/Pre-Roll 50%
CPM-Mobile Device IDs
Total Campaign Budget
City of La Quinta -
Digital
30,000 IMPRESSIONS
60,715 IMPRESSIONS
125,000
$300
$1,700
$1,500
Annual Recycling
Campaign
Jul 01, 2026 - Jun 30, 2027
Video Creative $500 per video
(2 videos per year)
Approved _________________________
Date____________
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City of La Quinta
CITY COUNCIL MEETING: June 16, 2026
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH BUREAU VERITAS NORTH AMERICA, INC., HR GREEN PACIFIC, INC., TRUE NORTH COMPLIANCE SERVICES, INC., AND THE CODE GROUP, INC. (dba VCA CODE) FOR
ON-CALL BUILDING CODE PLAN REVIEW AND INSPECTION SERVICES
RECOMMENDATION
Approve Agreements for Contract Services with Bureau Veritas North America, Inc., HR Green Pacific, Inc., True North Compliance Services, Inc., and The Code Group, Inc. (dba VCA Code) for on-call building code plan review, inspection, and permit processing services; and authorize the City Manager to execute the agreements.
EXECUTIVE SUMMARY
x The City contracts to provide plan review and inspection services based on workload and expertise as needed.
x The above-named firms are best qualified to provide these services and were selected through the competitive Request for Proposal (RFP) process completed June 1, 2026.
x Each agreement would be approved for a not to exceed amount of $300,000 per fiscal year (FY) for an initial 3-year term, with an optional 2-year extended term, which provides the flexibility to use any of the consultants depending on the City’s work demands, urgency, and the consultants’ availability.
FISCAL IMPACT
All 4 agreements combined could cost up to $300,000 per FY, or $900,000 during the initial 3-year term, and up to $600,000 for the optional 2-year term extension, for a total not to exceed amount of $1,500,000. Funds are included in the proposed FY 2026/27 budget in the Building Division Contract Services/Plan Checks budget (101-6003-60118) and will be budgeted pursuant to the agreement terms for future FY.
Initial Term Budget
FY 2026/27 $ 300,000
FY 2027/28 $ 300,000
FY 2028/29 $ 300,000
Possible Extended Term
FY 2029/30 $ 300,000
FY 2030/31 $ 300,000
TOTAL: $1,500,000
CONSENT CALENDAR ITEM NO. 6
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BACKGROUND/ANALYSIS
In May 2026, the City published an RFP for on-call building plan review and inspection services and received 12 proposals. The following 4 firms were selected based on qualifications, experience, and pricing – Bureau Veritas North America, Inc., HR Green Pacific, Inc., True North Compliance Services, Inc., and The Code Group, Inc. (dba VCA Code). Staff recommends these firms be retained to ensure services are available.
The on-call services encompass the review of structural designs and calculations, along with staff augmentation as necessary. These consultants provide specialized structural expertise not available within City staff and are able to perform on-call inspection services when needed.
If approved, the contract authority would allow staff to utilize any combination of the 4 consultants for the full not to exceed budget of $300,000 per FY; the monthly invoices will be tracked to ensure that the $300,000 annual budget for these services is not exceeded.
Staff requests this flexibility to provide for multiple consultants that can be used depending on their availability due to prior commitments.
ALTERNATIVES
Council may elect not to approve the agreements. However, staff does not recommend this alternative as it would limit the City’s ability to review and approve permits that involve engineered drawings and reports, and to remain on track when work demands increase.
Prepared by: AJ Ortega, Building Official
Approved by: David Newell, Design and Development Director Attachments: 1. Agreement for Contract Services with Bureau Veritas
2. Agreement for Contract Services with HR Green
3. Agreement for Contract Services with True North
4. Agreement for Contract Services with VCA Code
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ATTACHMENT 1
Revised – Sept. 2025
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 Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and Bureau Veritas North America, Inc., a Delaware Corporation, with a place of business at 220 Technology Dr, Ste 100, Irvine, CA 92618 (“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 Building Code Plan Review and Inspection 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 firstclass work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance. Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.
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-2-
1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization through a duly executed written amendment or change order from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, in accordance with Section 2.3 of this Agreement, 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. 54 CLICK HERE to Return to Agenda
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1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Three Hundred Thousand Dollars ($300,000.00) per fiscal year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7.
Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and HR Green Pacific, Inc., that certain Agreement for Contract Services by and between the City and True North Compliance Services, Inc., and that certain Agreement for Contract Services by and between the City and The Code Group, Inc (dba VCA Code) of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all four agreements. 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 55 CLICK HERE to Return to Agenda
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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 through a duly executed amendment or change order 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%) of the Contract Sum or Fifteen Thousand Dollars ($15,000), whichever is less, 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 without prior written approval through a duly executed amendment or change order 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 are not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 56 CLICK HERE to Return to Agenda
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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, 2026, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Craig Baptista
220 Technology Drive, Suite 100
Irvine, CA 92618
Office (916) 514-4516
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 AJ Ortega, the City Building Official 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 57 CLICK HERE to Return to Agenda
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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.
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 58 CLICK HERE to Return to Agenda
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that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if 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. 59 CLICK HERE to Return to Agenda
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7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any 60 CLICK HERE to Return to Agenda
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changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement.
Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and 61 CLICK HERE to Return to Agenda
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Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for 62 CLICK HERE to Return to Agenda
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termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder 63 CLICK HERE to Return to Agenda
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Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: AJ Ortega,
Building Official
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
BUREAU VERITAS NORTH AMERICA,
INC.
Craig Baptista, Vice President – West,
Plan Check & Inspection
220 Technology Drive, Suite 100
Irvine, CA 92618
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 64 CLICK HERE to Return to Agenda
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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 become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, 65 CLICK HERE to Return to Agenda
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(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:
BUREAU VERITAS NORTH AMERICA,
INC.:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A
Exhibit A
Scope of Services
Plan Review
Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes, with a strict attention to details. Plan Review services may include, but are not limited to the following:
x Building plans including architectural, structural, electrical, mechanical, plumbing, wildland urban interfaces, energy, green design, and accessibility x Grading plans including precise grading plans
x Structural calculations and reports
x Energy reports and forms
x Cal Green plans and reports including commissioning reports x Soils reports including geotechnical updates
x Building construction product testing reports
The tasks of the plan examiner include:
x To check for conformance to:
o California building standards codes
o City standards
o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) x To check general mathematics and design criteria
x Consultant shall input project data related to plan review information into the permitting software utilized by the City
x In writing, call for redesign of any portion of plans that:
o Does not conform to code requirements or is not consistent with calculations
o Will be potentially unsafe to residents and the public AI-Assisted Plan Review
Consultants may utilize City-approved artificial intelligence (AI) tools to augment plan review activities. AI tools may assist in identifying code references, detecting potential conflicts, or supporting quality control. All AI-generated findings must be reviewed, validated, and approved by a qualified human plan reviewer.
No automated decision-making shall be used to approve, deny, or condition permit applications.
Consultant shall ensure that any AI tools used comply with all applicable data security, privacy, and confidentiality requirements. Training data, uploaded plans, and output from AI systems must not be shared externally without written City authorization. 68 CLICK HERE to Return to Agenda
Exhibit A
Building Inspection
Consultant upon request of the City shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City’s building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following:
• In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes
• Shall document all field conversations connected to the project • Produce corrective measures of field conditions to conform to codes and approved plans
• Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation
Consultant shall meet with City staff to:
a) Acquaint themselves with the City development plan review and or inspection processes
b) Review consultant’s plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process
d) Establish ongoing operating procedures between City staff and the Consultant for the on-call services
On-Call Services
a) Report to City Hall to pick up project documents for review when notified by the City’s permitting software
b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s)
d) Attend meetings, upon request by the City, connected to plan review and / or field inspection activities
e) Consultant, upon request by the City, shall perform electronic plan review on the platform as specified by the City
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Exhibit B
Exhibit B
Schedule of Compensation
For the avoidance of doubt, the compensation thresholds on this Exhibit B do not include compensation for Additional Services (if any) authorized pursuant to Section 1.7 and compensated pursuant to Section 2.3 of this Agreement.
Contract Sum
Compensation for Services shall not exceed Three Hundred Thousand Dollars ($300,000.00) per fiscal year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), to be paid for duly authorized Services performed consistent with the terms and conditions of this Agreement.
Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and HR Green Pacific, Inc., that certain Agreement for Contract Services by and between the City and True North Compliance Services, Inc., and that certain Agreement for Contract Services by and between the City and The Code Group, Inc (dba VCA Code) of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all four agreements.
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.
In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services on an as-needed basis only when directed to do so by the Contract Officer, or assigned designee. Services may be ordered in the sole discretion of the Contract Officer, or assigned designee, and are not guaranteed. Contracting Party shall not perform any services without receiving prior written authorization from the Contract Officer, or assigned designee, incorporating therein (i) a description of the services to be performed, (ii) the time to perform the services, and (iii) the related compensation.
Initial Term:
“Not to Exceed” Year 1: $300,000.00
“Not to Exceed” Year 2: $300,000.00
“Not to Exceed” Year 3: $300,000.00
Possible Extended Term:
“Not to Exceed” Year 4: $300,000.00
“Not to Exceed” Year 5: $300,000.00
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Exhibit B
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Exhibit B
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Exhibit C
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
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Exhibit D
Exhibit D
Special Requirements
“None”
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Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies checked below 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 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Automobile Liability (at least as broad as ISO CA 0001):
$1,000,000 combined single limit for bodily injury and property damage Auto Liability Additional Insured
Workers’ Compensation (per statutory requirements):
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease OR Must include the following endorsements:
Workers’ Compensation Endorsement with Waiver of Subrogation Workers’ Compensation Declaration of Sole Proprietor
California Workers' Compensation Requirements Acknowledgement Professional Liability (Errors and Omissions):
Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim
Cyber Liability
$1,000,000 per occurrence/$2,000,000 aggregate
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting 75 CLICK HERE to Return to Agenda
Exhibit E
Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.
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.
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.
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Exhibit E
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.
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.
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Exhibit E
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
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 78 CLICK HERE to Return to Agenda
Exhibit E
to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
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 79 CLICK HERE to Return to Agenda
Exhibit E
Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
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. 80 CLICK HERE to Return to Agenda
Exhibit F
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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Exhibit F
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 82 CLICK HERE to Return to Agenda
ATTACHMENT 2
Revised – Sept. 2025
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 Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and HR Green Pacific, Inc., a California “C” Corporation, with a place of business at 44651 Village Ct, Ste 123, Palm Desert, CA 92260 (“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 Building Code Plan Review and Inspection 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 firstclass work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance. Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization through a duly executed written amendment or change order from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, in accordance with Section 2.3 of this Agreement, 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. 84 CLICK HERE to Return to Agenda
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1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Three Hundred Thousand Dollars ($300,000.00) per fiscal year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7.
Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Bureau Veritas North America, that certain Agreement for Contract Services by and between the City and True North Compliance Services, Inc., and that certain Agreement for Contract Services by and between the City and The Code Group, Inc (dba VCA Code) of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all four agreements. 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 85 CLICK HERE to Return to Agenda
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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 through a duly executed amendment or change order 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%) of the Contract Sum or Fifteen Thousand Dollars ($15,000), whichever is less, 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 without prior written approval through a duly executed amendment or change order 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 are not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 86 CLICK HERE to Return to Agenda
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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, 2026, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Tim Hartnett
44651 Village Court, Suite 123
Palm Desert, CA 92260
Office (760) 262-4317
Email [email protected]
(b) Beth Jay
44651 Village Court, Suite 123
Palm Desert, CA 92260
Office (760) 262-4317
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 AJ Ortega, the City Building Official 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.
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employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall 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 88 CLICK HERE to Return to Agenda
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due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially 89 CLICK HERE to Return to Agenda
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increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
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 90 CLICK HERE to Return to Agenda
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of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement.
Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.
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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. 92 CLICK HERE to Return to Agenda
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8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.
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9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.
To City: To Contracting Party:
HR GREEN PACIFIC, INC.
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CITY OF LA QUINTA
Attention: AJ Ortega,
Building Official
78495 Calle Tampico
La Quinta, California 92253
Tim Hartnett, Vice President,
Authorized Official
44651 Village Court, Suite 123
Palm Desert, CA 92260
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 95 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, (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:
HR GREEN PACIFIC, INC.:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A
Exhibit A
Scope of Services
Plan Review
Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes, with a strict attention to details. Plan Review services may include, but are not limited to the following:
x Building plans including architectural, structural, electrical, mechanical, plumbing, wildland urban interfaces, energy, green design, and accessibility x Grading plans including precise grading plans
x Structural calculations and reports
x Energy reports and forms
x Cal Green plans and reports including commissioning reports x Soils reports including geotechnical updates
x Building construction product testing reports
The tasks of the plan examiner include:
x To check for conformance to:
o California building standards codes
o City standards
o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) x To check general mathematics and design criteria
x Consultant shall input project data related to plan review information into the permitting software utilized by the City
x In writing, call for redesign of any portion of plans that:
o Does not conform to code requirements or is not consistent with calculations
o Will be potentially unsafe to residents and the public AI-Assisted Plan Review
Consultants may utilize City-approved artificial intelligence (AI) tools to augment plan review activities. AI tools may assist in identifying code references, detecting potential conflicts, or supporting quality control. All AI-generated findings must be reviewed, validated, and approved by a qualified human plan reviewer.
No automated decision-making shall be used to approve, deny, or condition permit applications.
Consultant shall ensure that any AI tools used comply with all applicable data security, privacy, and confidentiality requirements. Training data, uploaded plans, and output from AI systems must not be shared externally without written City authorization. 98 CLICK HERE to Return to Agenda
Exhibit A
Building Inspection
Consultant upon request of the City shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City’s building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following:
• In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes
• Shall document all field conversations connected to the project • Produce corrective measures of field conditions to conform to codes and approved plans
• Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation
Consultant shall meet with City staff to:
a) Acquaint themselves with the City development plan review and or inspection processes
b) Review consultant’s plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process
d) Establish ongoing operating procedures between City staff and the Consultant for the on-call services
On-Call Services
a) Report to City Hall to pick up project documents for review when notified by the City’s permitting software
b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s)
d) Attend meetings, upon request by the City, connected to plan review and / or field inspection activities
e) Consultant, upon request by the City, shall perform electronic plan review on the platform as specified by the City
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Exhibit B
Exhibit B
Schedule of Compensation
For the avoidance of doubt, the compensation thresholds on this Exhibit B do not include compensation for Additional Services (if any) authorized pursuant to Section 1.7 and compensated pursuant to Section 2.3 of this Agreement.
Contract Sum
Compensation for Services shall not exceed Three Hundred Thousand Dollars ($300,000.00) per fiscal year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), to be paid for duly authorized Services performed consistent with the terms and conditions of this Agreement.
Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Bureau Veritas North America, that certain Agreement for Contract Services by and between the City and True North Compliance Services, Inc., and that certain Agreement for Contract Services by and between the City and The Code Group, Inc (dba VCA Code) of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all four agreements.
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.
In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services on an as-needed basis only when directed to do so by the Contract Officer, or assigned designee. Services may be ordered in the sole discretion of the Contract Officer, or assigned designee, and are not guaranteed. Contracting Party shall not perform any services without receiving prior written authorization from the Contract Officer, or assigned designee, incorporating therein (i) a description of the services to be performed, (ii) the time to perform the services, and (iii) the related compensation.
Initial Term:
“Not to Exceed” Year 1: $300,000.00
“Not to Exceed” Year 2: $300,000.00
“Not to Exceed” Year 3: $300,000.00
Possible Extended Term:
“Not to Exceed” Year 4: $300,000.00
“Not to Exceed” Year 5: $300,000.00
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Exhibit B
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Exhibit C
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
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Exhibit D
Exhibit D
Special Requirements
“None”
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Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies checked below 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 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Automobile Liability (at least as broad as ISO CA 0001):
$1,000,000 combined single limit for bodily injury and property damage Auto Liability Additional Insured
Workers’ Compensation (per statutory requirements):
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease OR Must include the following endorsements:
Workers’ Compensation Endorsement with Waiver of Subrogation Workers’ Compensation Declaration of Sole Proprietor
California Workers' Compensation Requirements Acknowledgement Professional Liability (Errors and Omissions):
Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim
Cyber Liability
$1,000,000 per occurrence/$2,000,000 aggregate
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting 104 CLICK HERE to Return to Agenda
Exhibit E
Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.
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.
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.
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Exhibit E
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.
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.
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Exhibit E
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
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 107 CLICK HERE to Return to Agenda
Exhibit E
to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
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 108 CLICK HERE to Return to Agenda
Exhibit E
Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.
18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
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. 109 CLICK HERE to Return to Agenda
Exhibit F
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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Exhibit F
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 111 CLICK HERE to Return to Agenda
ATTACHMENT 3
Revised – Sept. 2025
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 Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and True North Compliance Services, Inc., with a place of business at 8369 Vickers St, Ste 207, San Diego, CA 92111 (“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 Building Code Plan Review and Inspection 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 firstclass work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance. Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.
Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof).
1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.
1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization through a duly executed written amendment or change order from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, in accordance with Section 2.3 of this Agreement, 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. 113 CLICK HERE to Return to Agenda
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1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.
2. COMPENSATION.
2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Three Hundred Thousand Dollars ($300,000.00) per fiscal year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7.
Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Bureau Veritas North America, that certain Agreement for Contract Services by and between the City and HR Green Pacific, Inc., and that certain Agreement for Contract Services by and between the City and The Code Group, Inc (dba VCA Code) of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all four agreements. 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 114 CLICK HERE to Return to Agenda
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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 through a duly executed amendment or change order 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%) of the Contract Sum or Fifteen Thousand Dollars ($15,000), whichever is less, 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 without prior written approval through a duly executed amendment or change order 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 are not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 115 CLICK HERE to Return to Agenda
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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, 2026, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”), and executed in writing.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Isam Hasenin
8369 Vickers St, Suite 207
San Diego, CA 92111
Office (562) 533-8030
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 AJ Ortega, the City Building Official 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 116 CLICK HERE to Return to Agenda
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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.
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 117 CLICK HERE to Return to Agenda
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that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.
5. INSURANCE.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if 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. 118 CLICK HERE to Return to Agenda
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7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.
Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement.
7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom.
7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any 119 CLICK HERE to Return to Agenda
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changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.
The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect.
7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City.
7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement.
Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement.
8. ENFORCEMENT OF AGREEMENT.
8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and 120 CLICK HERE to Return to Agenda
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Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.
Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default.
8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement.
8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement.
8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for 121 CLICK HERE to Return to Agenda
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termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder 122 CLICK HERE to Return to Agenda
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Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
10. MISCELLANEOUS PROVISIONS.
10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section.
To City:
CITY OF LA QUINTA
Attention: AJ Ortega,
Building Official
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
TRUE NORTH COMPLIANCE
SERVICES, INC.
Isam Hasenin, President and CEO,
8369 Vickers St, Suite 207
San Diego, CA 92111
10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
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10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.
10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.
10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of 124 CLICK HERE to Return to Agenda
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any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.
CITY OF LA QUINTA,
a California Municipal Corporation
JON MCMILLEN, City Manager
City of La Quinta, California
Dated:
TRUE NORTH COMPLIANCE
SERVICES, INC.:
By:
Name:
Title:
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A
Exhibit A
Scope of Services
Plan Review
Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes, with a strict attention to details. Plan Review services may include, but are not limited to the following:
x Building plans including architectural, structural, electrical, mechanical, plumbing, wildland urban interfaces, energy, green design, and accessibility x Grading plans including precise grading plans
x Structural calculations and reports
x Energy reports and forms
x Cal Green plans and reports including commissioning reports x Soils reports including geotechnical updates
x Building construction product testing reports
The tasks of the plan examiner include:
x To check for conformance to:
o California building standards codes
o City standards
o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) x To check general mathematics and design criteria
x Consultant shall input project data related to plan review information into the permitting software utilized by the City
x In writing, call for redesign of any portion of plans that:
o Does not conform to code requirements or is not consistent with calculations
o Will be potentially unsafe to residents and the public AI-Assisted Plan Review
Consultants may utilize City-approved artificial intelligence (AI) tools to augment plan review activities. AI tools may assist in identifying code references, detecting potential conflicts, or supporting quality control. All AI-generated findings must be reviewed, validated, and approved by a qualified human plan reviewer.
No automated decision-making shall be used to approve, deny, or condition permit applications.
Consultant shall ensure that any AI tools used comply with all applicable data security, privacy, and confidentiality requirements. Training data, uploaded plans, and output from AI systems must not be shared externally without written City authorization. 127 CLICK HERE to Return to Agenda
Exhibit A
Building Inspection
Consultant upon request of the City shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City’s building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following:
• In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes
• Shall document all field conversations connected to the project • Produce corrective measures of field conditions to conform to codes and approved plans
• Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation
Consultant shall meet with City staff to:
a) Acquaint themselves with the City development plan review and or inspection processes
b) Review consultant’s plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process
d) Establish ongoing operating procedures between City staff and the Consultant for the on-call services
On-Call Services
a) Report to City Hall to pick up project documents for review when notified by the City’s permitting software
b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s)
d) Attend meetings, upon request by the City, connected to plan review and / or field inspection activities
e) Consultant, upon request by the City, shall perform electronic plan review on the platform as specified by the City
128 CLICK HERE to Return to Agenda
Exhibit B
Exhibit B
Schedule of Compensation
For the avoidance of doubt, the compensation thresholds on this Exhibit B do not include compensation for Additional Services (if any) authorized pursuant to Section 1.7 and compensated pursuant to Section 2.3 of this Agreement.
Contract Sum
Compensation for Services shall not exceed Three Hundred Thousand Dollars ($300,000.00) per fiscal year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), to be paid for duly authorized Services performed consistent with the terms and conditions of this Agreement.
Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Bureau Veritas North America, that certain Agreement for Contract Services by and between the City and HR Green Pacific, Inc., and that certain Agreement for Contract Services by and between the City and The Code Group, Inc (dba VCA Code) of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all four agreements.
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.
In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services on an as-needed basis only when directed to do so by the Contract Officer, or assigned designee. Services may be ordered in the sole discretion of the Contract Officer, or assigned designee, and are not guaranteed. Contracting Party shall not perform any services without receiving prior written authorization from the Contract Officer, or assigned designee, incorporating therein (i) a description of the services to be performed, (ii) the time to perform the services, and (iii) the related compensation.
Initial Term:
“Not to Exceed” Year 1: $300,000.00
“Not to Exceed” Year 2: $300,000.00
“Not to Exceed” Year 3: $300,000.00
Possible Extended Term:
“Not to Exceed” Year 4: $300,000.00
“Not to Exceed” Year 5: $300,000.00
129 CLICK HERE to Return to Agenda
Exhibit B
130 CLICK HERE to Return to Agenda
Exhibit B
131 CLICK HERE to Return to Agenda
Exhibit C
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
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Exhibit D
Exhibit D
Special Requirements
“None”
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Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies checked below 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 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Automobile Liability (at least as broad as ISO CA 0001):
$1,000,000 combined single limit for bodily injury and property damage Auto Liability Additional Insured
Workers’ Compensation (per statutory requirements):
Statutory Limits / Employer’s Liability $1,000,000 per accident or disease OR Must include the following endorsements:
Workers’ Compensation Endorsement with Waiver of Subrogation Workers’ Compensation Declaration of Sole Proprietor
California Workers' Compensation Requirements Acknowledgement Professional Liability (Errors and Omissions):
Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim
Cyber Liability
$1,000,000 per occurrence/$2,000,000 aggregate
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting 134 CLICK HERE to Return to Agenda
Exhibit E
Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.
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.
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.
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Exhibit E
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.
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.
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Exhibit E