La Quinta City Council
July 21, 2026

Exhibit A
Scope of Services

1. Services to be Provided:

Disability Access Consultants, LLC (DAC) shall provide the following professional services related to a comprehensive Americans with Disabilities Act (ADA) SelfEvaluation and Transition Plan for the City facilities, parks, digital assets and public rightsof-way (PROW); as well as a digital accessibility review and action plan for WCAG 2.1 AA conformance, identified in Tasks 1 through 9 listed below (Project).

The effort and work for this Project will be performed and/or overseen by DAC’s Certified Access Specialists (CASp), DAC’s quality control and management team.

1. Task 1. Project Management and Meetings and Coordination A critical step in performing a successful assessment project is planning and communication. Verifying facility information, organizing access and confirming contact information prior to the onsite surveys commencing is vital to the success of the project.

DAC will collaborate with the ADA Coordinator, departmental ADA liaisons and selected City of La Quinta staff.

Another issue that is critical is the consistency and accuracy of the data gathered during the survey phase. In order to ensure this, DAC has developed DACTrak, which supports accurate and complete data collection.

Using the DACTrak software in the field, DAC surveyors collect data and measurements in a specific order to ensure that elements are not missed. The data and photographs that are collected in the field are processed by DAC servers against all applicable accessibility codes, which provides clients with consistent and accurate reports. Since the data collected in the field is automatically uploaded to DAC processing servers, reports are available to clients within a short turnaround time, following DAC’s multi-step editing and quality control process.

The use of DAC-A11y digital accessibility software will allow the City and DAC to appropriately audit the City’s digital assets for conformance as assist in on-going remediation efforts with City’s software vendors and assets.

Project Management
DAC will propose the Project Management Plan at the project kick-off meeting. The plan will include but may not be limited to:
• Introduction: background, objectives, requirements, approach, strategies and recommendations;
• Project organization: identification and introduction of key personnel, including the project manager, and each DAC staff member’s responsibility and role in the project with contact information;
• Verification of the scope of work & contract documents: scope, approach, prime 147 CLICK HERE to Return to Agenda
Exhibit A

contact, contract documents and overall timeline;
• Project design procedures: design standards and criteria, report and drawing list, specification list, design reviews;
• Project administrative procedures: such as methods for document transfers and means of communication;
• Project budget, fee schedule, and invoicing method;
• Review and clarification of items in the proposal;
• Discussion of all other related project information and deliverable(s) that DAC will provide, such as:
o The Project Management Plan
o Meeting notices, agendas, handouts, as appropriate;
o Initial project schedule provided at the kick-off meeting and updated throughout the project;
o Monthly progress reports to accompany each monthly invoice; Meetings
The kick-off meeting will clarify roles and lines of communication, refine project goals, review the overall project schedule scope and, schedule surveys of City facilities, recreational areas and public rights-of-way and identify key City personnel related to the project scope.

Information that is needed will be clarified at the initial orientation meeting. Progress meetings, agendas, and monthly status meeting schedule will be generated by DAC. Tim Mahoney and Barbara Thorpe will be designated as the project managers and serve as the points of contact for the City.

The designated team members that will coordinate the inspection team during the facility reviews will be Michael Boga and Candice Pursch. The management approach will include coordination and assistance from DAC office staff under the direction of Barb Thorpe, Project Manager, Jennie Grover, Director of Administrative Services and Tim Mahoney, General Manager and Project Manager.

DAC suggests scheduling monthly, virtual progress meetings, with key City staff to ensure scheduled and timelines are being met. Furthermore, DAC plans to attend at least three meetings with City staff, per the RFP requirements. DAC will schedule a remote kick-off meeting, interim progress meeting, and a final completion meeting along with any required site visits and City staff meetings needed for Self-Evaluation investigations and document research.

Progress Reporting
DAC will provide monthly progress reports on all tasks and deliverables of the project.

These reports will be provided in conjunction with the monthly invoice. The monthly progress report format will include, but not be limited to the following:

A. Task and Deliverables – Provide an update on the percentage of project completion
B. Meetings: List of upcoming and completed meetings, along with meeting 148 CLICK HERE to Return to Agenda
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minutes and content for the previous month
C. Requests for Information: DAC will provide reminders and updates on information requested or needed from the City
D. Estimates on commencement and completion of tasks: Updated refreshed estimates and timelines on when activities related to the project tasks and deliverables will begin or be completed
E. Questions/Needs: Any special needs or questions that have come up since the prior update will be asked.

2. Task 2: ADA Self-Evaluation of City Policies, Procedures and Programs Citywide Programs, Policies and Procedures
DAC will conduct an accessibility review of City programs, services, activities and policies to comply with a core requirement of an ADA Self-Evaluation and Transition Plan.

1. In consultation with the City, DAC will identify which City programs and services are subject to the requirements of the ADA. DAC will perform reviews of program policies, procedures, including but not limited to eligibility requirements, location(s) of services, methods of providing information and procedure for processing requests for accommodations. The information prepared from the programmatic assessments will be included in the self-evaluation and transition plan Executive Summary.

2. As part of the public input process, staff will be encouraged to complete surveys, which will help to determine if staff and officials understand the City’s ADA obligations, including, but not limited to; reasonable modifications, identity of the ADA Coordinator, accommodation procedures, ADA policies, practices, and procedures, including providing reasonable accommodations. Reasonable accommodations can include auxiliary aids, American Sign Language interpreters, large font documents, braille, and other alternative communications

3. DAC will conduct programmatic barrier assessment surveys of City programs and services, as appropriate and available. The reviews will identify programmatic barriers in City programs and services that could limit accessibility or be considered potentially discriminatory. These include, but are not limited to eligibility requirements, participation requirements, participation requirements, facility use, staffing, transportation, communication, grievance policies and procedures, emergency procedure, required notices and postings, staffing, transportation, and facility use.

4. Based on the programmatic barrier assessment surveys, DAC will provide the City with suggestions and recommendations as needed to ensure or enhance compliance in the City’s programs and services. The findings and recommendations will be included in the ADA Self-evaluation and Transition Plan report.

5. The ADA self-evaluation and transition plan report will identify issues that may 149 CLICK HERE to Return to Agenda
Exhibit A

limit physical or other access to individuals with disabilities to City Programs and Services. The report will include a feasible solution and cost estimate for eliminating each barrier if applicable. Non-structural solutions will be considered.

Most programmatic changes to enhance compliance would have little to no cost associated.

6. Review and recommendation of City’s ADA Design exception form with consideration of safe harbor and technically infeasible provisions.

DAC will perform reviews of programs, policies, procedures, including but not limited to eligibility requirements, location(s) of services, methods of providing information, and procedures for processing requests for accommodations. The information prepared from the programmatic assessments will be included in the self-evaluation and transition plan Executive Summary.

As part of Task 2 and Task 4, DAC will complete a current accessibility review of the City’s public-facing website and web pages. The assessment will identify accessibility barriers in City communications and webpages, as well as potential language or procedures that could be considered discriminatory. The City’s website will be reviewed for compliance with the standard required for Title II entities, Web Content Accessibility Guidelines (WCAG) 2.1 Level AA. DAC will identify which City communications and webpages, including but not limited to sign-up forms, registration forms, and public-facing website pages, are subject to the requirements of the ADA. DAC will provide more information of the Digital Accessibility efforts in Task 4 “Digital Accessibility.” DAC has many digital conformance offerings to assist the City with its digital accessibility, document accessibility and Section 508 conformance.

The programmatic review will identify all communications items that are not compliant or are potentially discriminatory, such as auxiliary aids and services. DAC will provide the City with a report that includes the findings and recommendations from the reviews of the City’s communications and website review. The report will consist of a synopsis of the comprehensive website review, which will be issued separately as a related and referenced report. The report will identify programmatic issues found in public communications and the City’s public-facing website that limit accessibility.

As part of the of this Task and Task 5 (public input process), staff will be encouraged to complete surveys, which will help to determine if staff and officials understand the City’s ADA obligations, including, but not limited to; reasonable modifications, identity of the ADA Coordinator, accommodation procedures, ADA policies, practices, and procedures, including providing reasonable accommodations. Reasonable accommodations can include auxiliary aids, American Sign Language interpreters, large font documents, braille, and other alternative communications.

DAC will conduct programmatic barrier assessment surveys of City programs and services, as appropriate and available. The reviews will identify programmatic barriers in City programs and services that could limit accessibility or be considered potentially 150 CLICK HERE to Return to Agenda
Exhibit A

discriminatory. These include, but are not limited to, eligibility requirements, participation requirements, facility use, staffing, transportation, communication, grievance policies and procedures, emergency procedures, required notices and postings, and other relevant operational policies.

Based on the programmatic barrier assessment surveys, DAC will provide the City with suggestions and recommendations as needed to ensure or enhance compliance in the City’s programs and services. The findings and recommendations will be included in the ADA Self-evaluation and Transition Plan report.

To better support the City-wide ADA initiatives, DAC will collaborate with the City’s ADA coordinator, ADA liaisons and other designated City to determine what training options would be most relevant for City staff.

DAC has provided training to hundreds of public entities and is also the selected consultant of many risk management pools to provide regular training sessions to their members. DAC has provided customized individual training regarding ADA requirements for facilities, public right-of-way, policies, special events, grievances and other related Title II topics.

As part of the deliverables DAC will provide the City with an Executive Summary report that will summarize the data and findings from the ADA self-evaluation and transition plan for City buildings, parks, parking, programs, trails and open spaces.

3. Task 3: ADA Assessment of City Facilities and Public Rights-of-Way A. City of La Quinta Buildings, Facilities, and Sites (including parks and outdoor facilities)

1. In consultation with the City, DAC will identify which City buildings are subject to the requirements of the ADA, and perform assessments of all interior and exterior elements, including the parking lots, path of travel as well as common areas throughout City owned and tenant occupied buildings. The reports prepared from the assessments will include details of all elements surveyed.

2. In consultation with the City, DAC will identify which City-owned parks, trails, outdoor facilities and open spaces are subject to the requirements of the ADA and perform assessments of all areas within the recreational facilities. The reports prepared from the assessments will include details of all elements surveyed.

3. DAC will conduct barrier assessment surveys with field reviews of all City-owned public buildings, facilities, parks and open spaces that provide programs, services or activities to the public, as appropriate. The surveys will identify physical barriers at each facility that could limit accessibility. The information collected in the field will be compared to the Federal ADA codes as well as applicable state codes and the standard that provides the greater level of accessibility will be utilized. 151 CLICK HERE to Return to Agenda
Exhibit A

4. Based on the results of the barrier assessment surveys, DAC will develop access compliance assessment reports issued through DACTrak online accessibility management software in order to provide the City with comprehensive assessment results. The reports will include:
• as-is condition measurements and verifications as they relate to ADA access; • a detailed barrier description;
• photographs for documentation of each barrier;
• detailed location description identifying the location of the barrier, maps will also be provided for findings where GIS coordinates can be collected for available outdoor findings;
• a proposed solution to eliminate the barrier; and
• individual cost estimates for each solution.

5. DAC will provide the City with access to DACTrak, allowing the City’s users to generate details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected. The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan.

Many report options are available in DACTrak that can show detailed information for every noncompliant finding in each building, through high level summary reports that can offer a concise synopsis of noncompliant findings by category across all facilities City-wide. Estimated costs are available in all reports, however a DACTrak user can choose to generate a report without estimated costs if needed.

6. DAC will survey all City-owned buildings listed included with the RFP and will be confirmed at the project kick-off meeting.

B. Public Rights-of-Way

1. In consultation with the City, DAC will identify which City-owned public rights-of-way, including, but not limited to cross walks, pathways, sidewalks, on-street parking, bus stops, and curb ramps are subject to the requirements of the ADA and perform assessments of all areas within the identified public rights-of-way facilities. The reports prepared from the assessments will include details of all elements surveyed.

2. DAC will conduct barrier assessment surveys with field reviews of the identified public rights-of-way owned by the City, as appropriate. The surveys will identify physical barriers in the public rights-of-way that could limit accessibility. The information collected in the field will be compared to the Federal ADA codes as well as applicable state codes and the standard that provides the greater level of accessibility utilized.

3. DAC will provide the City with access to DACTrak, allowing the City’s users to generate details reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates 152 CLICK HERE to Return to Agenda
Exhibit A

can be collected. The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan.

Many report options are available in DACTrak that can show detailed information for every noncompliant finding along each area of sidewalk, through high level summary reports that can offer a concise synopsis of noncompliant findings by category across all public rights-of-way facilities City-wide. Estimated costs are available in all reports, however a DACTrak user can choose to generate a report without estimated costs if needed.

4. DAC will survey all City-owned public rights-of-way that will be confirmed at the project kick off meeting. Per the Q&A document published by the City on June 4, 2026, the City has approximately 121 linear sidewalk miles.

5. During the kick-off meeting, DAC will ask that the City identify City-owned public rights-of-way, Caltrans-owned streets and intersections, and areas that are private and not City-owned. The surveys will identify physical barriers in the public rights-ofway that could limit accessibility and are the responsibility of the City. The information collected in the field will be compared to the Federal ADA codes as well as applicable California state codes applying the standard that provides the greater level of accessibility as required by the ADA.

6. Standards and codes to be utilized will include:
• PROWAG – Public Rights of Way Accessibility Public Guidelines • California Manual on Uniform Traffic Control Devices (CAMUTCD) • Standard specifications for Public Works Construction (SSPWC) • Other local codes as applicable.

7. DAC will complete the field accessibility survey of selected public right-of-way within City limits. Mike Boga, Candice Pursch and the Accessibility Specialist team will complete these efforts. The accessibility survey scope will include, but would not be limited to:

Sidewalks
• Width
• Cross slope
• Running slope
• Changes in elevation greater than 1/4 inch and changes in elevation that are not beveled up to ½ inch
• Any obstructions in the sidewalk that obstruct or narrow the path of travel, such as protruding objects and items that narrow the required width • Street furniture
• Collection of GIS location information and photographs Signalized Intersections
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• Crosswalks
• Pedestrian ramps-curb ramps; width, slope, side flares, grooved borders, truncated domes, alignment with the crosswalk
• Accessible pedestrian signals
• Traffic stop bars
Based on the results of the barrier assessment surveys, DAC will develop access compliance assessment reports issued through DACTrak online accessibility management software to provide the City with comprehensive assessment results. The reports will include:
• As-is condition measurements and verifications as they relate to ADA access; • A detailed barrier description;
• Photographs for documentation of each barrier;
• Detailed location description identifying the location of the barrier, maps will also be provided for findings where GIS coordinates can be collected for available outdoor findings;
• A proposed solution to eliminate the barrier; and
• Individual cost estimates, as available, using industry standards for each solution.

DACTrak - Project Database
DAC will provide the City with access to DACTrak, allowing the City’s users to generate detailed reports in multiple formats, including PDF and Excel, as well as map style formats of KML and Shapefile for available exterior areas where GIS coordinates can be collected.

The DACTrak online accessibility management software will provide the City with comprehensive reports for the interior and exterior of each facility. DACTrak also includes tools that will allow the City to plan a schedule of barrier removal, adjust priorities and update the implementation of the transition plan. Many report options are available in DACTrak that can show detailed information for every noncompliant finding along each area of sidewalk, through high-level summary reports that can offer a concise synopsis of noncompliant findings by category across all public rights-of-way facilities City-wide.

Estimated costs are available in all reports; however, a DACTrak user can choose to generate a report without estimated costs if needed.

City-Wide GIS Reference
With the use of DACTrak field assessments and reports will include a high degree of detail with photographs, code references, cost estimates and GIS information when applicable.

DACTrak will provide a GIS location for all exterior findings of facilities and for all findings along the City’s public right-of-way.

4. Task 4: Web and Digital Accessibility Assessment
The City has stated in the Q&A addendum of June 4, 2026 that, “The firm selected under this RFP is expected to conduct a comprehensive review of all digital content and identify accessibility barriers, recommend appropriate remediation measures, prepare a digital 154 CLICK HERE to Return to Agenda
Exhibit A

accessibility Transition Plan, and collaborate with City staff to develop a roadmap for achieving compliance.”
DAC understands this request and has proven professional services, planning options and digital accessibility scanning and remediation technology for the City to meet their Digital Accessibility conformance requirements.

Furthermore, DAC has already provided numerous California JPIA members with Digital Accessibility training for prudent and attainable conformance outcomes.

DAC understands the City’s goals to assess the City Web and digital assess and develop an accessibility transition and action plan with the following tasks, including but not limited to:
o Inventory City web and digital assets, including all public-facing websites, subsites, web applications and portals, online forms and payment systems, documents (PDFs, Word, etc.),multimedia content, and mobile applications. o Evaluate the accessibility of these digital platforms pursuant to WCAG 2.1 Level AA and applicable Section 508 standards, using a combination of automated tools and manual testing.
o Assess compatibility with assistive technologies (screen readers, screen magnifiers, keyboard-only navigation) and test with common browsers and devices.
o Review the City’s existing website accessibility statement, notices, and processes for reporting issues or requesting accommodations; recommend updates or new content as needed.
o Identify and document digital accessibility issues, categorize them by severity and impact, and provide remediation recommendations that can be integrated into the overall transition plan.

As the City is aware, there are four (4) digital accessibility areas that the City should be evaluating and planning for compliance:

1. City Website(s)

2. Digital Documents

3. Third Party Applications

4. Mobile Applications
The City is also aware of the Department of Justice’s Digital Accessibility “New Rule” and will be required to be conformant with the new rule and Web Content Accessibility Guidelines 2.1 AA (WCAG 2.1 AA) by April of 2028 as the City’s population is under 50,000.

Similar to a traditional ADA Self-Evaluation and Transition Plan for both program and infrastructure barrier review and remediation, the City’s digital accessibility transition and action plan must first identify where barriers to access exist within its digital asset inventory.

Once the digital accessibility barriers are understood, in comprehensive manner, in each 155 CLICK HERE to Return to Agenda
Exhibit A

of the (4) categories described previously, the City and DAC will collaborate on the development and deployment of digital accessibility action plan.

As part of this plan the City will better understand what areas they have control to remediate (City created web content and new documents) areas where they will need to communicate and verify conformance with outside vendors (websites, third part applications and mobile apps).

DAC and the City will develop a multi-pronged and phased approach through the use of DAC’s planning methodologies and technology to assist the City in meeting its conformance efforts.

A key first step in the process is to understand the contracts the City has in place with its digital, web and third-party application providers. Once understood, this provides key next steps of communication, planning and digital scanning of these vendors.

DAC will assist the City is communicating with these vendors to ask for their VPAT (Voluntary Product Accessibility Template) and ACR (Accessibility Conformance Report) to ensure they understand the City’s and the vendor’s Section 508 requirements.

DAC can also provide the City the use of DAC-A11y Digital Accessibility Software Suite to assist the City in its needed accessibility conformance scanning to determine accessibility deficiencies with the City’s websites, documents, third party applications and mobile apps.

In fairness to the City, the overall cost of digital accessibility conformance is not known at this stage as the breadth of deficiencies is unknown.

However, for the purposes of this RFP, DAC is providing initial budget pricing for the development of a digital accessibility plan with allocation for consulting, plan development, website, 3rd party software and document scanning.

At this time, the City and DAC do not know the amount of on-going audit and remediation scanning that will be required by the City, moving forward. However, DAC will be providing budget pricing for the development of a conformant digital accessibility action plan.

Certainly, there are offerings and options that the City may not utilize or need immediately, however, with our on-going discussions, we wanted to ensure that the City understands what services and tools are available. Please see an overview of offerings:

Website and Documents:

1. DAC Web Inventory: is an initial scan of the City website to determine how many web pages and document links exist on your site. This can assist in building a budget scope of how many items need to scanned. This step is not required but does provide data to build a budget scope.
156 CLICK HERE to Return to Agenda
Exhibit A

2. DAC Web: Scan(s) and Report: Once the City knows how many pages exist on the website, a cost for a full web scan is easily known. DAC Web provides multiple options for scanning websites to verify compliance with Web Content Accessibility Guidelines (WCAG 2.1 AA) and receive reports for areas that require remediation by the developer or webmaster for compliance.

3. DAC Docs (two options)
• Preliminary Scan: DAC Docs offers a preliminary scan audit of PDF, Word, Excel and PowerPoint documents that will provide a page count for each document scanned, as well as a rating for the remediation difficulty with the explanation for the rating. This feature is offered to assist with determining which documents should be considered for automated remediation.
• Remediation and Scan: Automated Remediation of PDF, Word, Excel and ppt.

Files.

4. DAC-A11y Private Server Space: Dedicated containerized client server space for timed retention of client documents and reports.

Third Party and Mobile Applications
The City is required to obtain Voluntary Product Accessibility Templates (VPAT) and Accessibility Conformance Reports (ACR) from third party developers of mobile applications and websites that the City offers to the public. DAC can provide verification reviews, which require DAC staff to manually scan and review the applications and upon completion, a compliance report is provided.

General Consultation
DAC can also assist with the following:
• Document Archive and exemption options
• Prioritization
• Documentation and Reporting
• Technical communication with 3rd party developers
Initial scope and deliverable will include, but not be limited to the following:

1. DAC Web: Full report and Scan of City Website(s). Provide report to vendor(s).

2. DAC Docs: Scan and Report of Website Digital Documents • Identify targeted remediation of City documents and discuss options with City. • Understand and assist City’s plans for archiving of documents • Explore staff training options for accessible documents

3. DAC Check: Section 508 and WCAG 2.1 AA Voluntary Product Accessibility Template (VPAT) and Accessibility Conformance Report (ACR) verification and audit.

Scan, Report, and DAC staff audit of VPAT, ACR reports of selected 3rd Party Applications and Mobile App’s. City has provided list of 3rd party software 157 CLICK HERE to Return to Agenda
Exhibit A

4. Vendor Communication: Work with City to communicate with 3rd party vendors to ensure remediation and compliance efforts and outcomes

5. Digital Accessibility: Policy and procedure review and creation

6. Contract Review: Review City digital technology contracts

7. Meetings/Updates: Monthly Staff Meetings and Updates

8. Annual Report: Annual Report showing benchmarks and objectives met and intended plans for upcoming year.

DAC will provide instruction and training for ADA Coordinator, ADA Liaisons, IT Team and designated City of La Quinta Staff on software and database for updating and maintaining final transition plan and digital accessibility plan.

5. Task 5: Public and Stakeholder Engagement
As mentioned previously, the City is required to provide opportunities for the public to provide input to assist with prioritizing the schedule of barrier removal of the ADA transition plan. DAC will recommend and lead a public input, public outreach process and overall plan that will incorporate the requirements of the ADA. DAC understands that this plan needs to be approved by the City.

The outreach portion of the self-evaluation and transition plan project will include multiple methods to provide opportunities for public input from members of the community as well as area organizations that provide services to persons with disabilities. The surveys that will be prepared for use in acquiring public input will encourage respondents to describe current accessibility needs and challenges to assist the City in developing accessible programs and facilities. DAC will work with the City to determine the most effective methods to gather input from individuals and groups who would like to participate in the development of the plan. DAC will compile all comments and feedback from public outreach efforts to be incorporated in the final transition plan.

DAC will develop and implement a public engagement plan that includes outreach to individuals with disabilities, advocacy organizations, advisory bodies, and the broader community.

DAC will collaborate with the City to determine appropriate options and efficacy of hosting a public meeting or workshop.

DAC will summarize public input comments and incorporate the results into the selfevaluation findings and transition plan recommendations.

6. Task 6: Transition Plan Development and Update
Analytical Methods and Tools: Intake Methods and DACTrak Accessibility Management Software
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Exhibit A

As a key management tool for the City, DAC will provide the City with DACTrak online accessibility management software for City staff to better manage its ADA Self-Evaluation and Transition plan. DACTrak is an interactive online software and is not an enhanced Excel spreadsheet. The ability to collect, compile, analyze, and use report data in a practical format was one of the driving forces to develop the DACTrak intake and management software. DACTrak provides clients with a powerful management tool to document compliance, project costs, print custom reports and record progress.

By collecting actual measurements of as-is field conditions (instead of merely noting compliant or noncompliant findings without measurements) and recording all relevant information, DAC can reprocess data if codes change without the need for a re-inspection.

This approach results in significant savings when codes change and the plan needs to be updated. As part of the inspection process and required by the ADA, the 2010 ADA Standards will be compared with the CBC and the standard that provides the greater level of accessibility utilized.

DACTrak reports will include but may not be limited to as-built dimensions as they relate to the ADA and other relevant code and guideline access, reference to accessibility codes, proposed solution(s) to eliminate the barrier, cost estimate for each solution, at least one digital photograph of each barrier to access, and a detailed location description, including GIS coordinates and mapping.

The inclusion of photographs for each noncompliant finding showing the as-is condition has proven to be valuable in assisting clients in the formulation of decisions regarding barrier removal priorities. The DACTrak software offers an intuitive accessibility management platform that surpasses the limitations of managing plans through hard copies and binders. The assessment report of each facility will include cost estimates to correct deficiencies in accordance with the ADA or other applicable federal or state accessibility codes.

Barriers are identified by building, floor, or location and given a unique identifier record number to assist with navigation in the accessibility software and location of the finding and recommendation by area and site. Estimated applicable costs will be given by item and element in accordance with industry standards. Costs can be easily adjusted to adhere to any cost estimates the City may utilize. The proposed method for barrier removal will be provided. The transition plan will identify physical barriers that may limit accessibility of the City programs, services or activities for individuals with disabilities. The schedule for removal of barriers and appropriate timelines will be developed in collaboration with the City.

Identified barriers and obstacles will be initially prioritized.

Use of the DACTrak software will provide the City with an additional tool to update prioritizations, budget, implement and monitor barrier removal. DAC uses a comprehensive approach to inspecting public rights-of-way and records actual as-is measurements, not just an indicator of compliant or not compliant. DAC has found that the use of automated equipment for compliance measurements of sidewalks does not 159 CLICK HERE to Return to Agenda
Exhibit A

provide an actual comprehensive measurement of areas required to be assessed, such as protruding objects.

DAC team members will conduct onsite inspections on DACTrak tablets and export the onsite field conditions for processing by DAC servers the same day of the inspection. The use of the DACTrak tablet provides for consistency of what items to measure and evaluates the quality of the measurements.

Preliminary Cost Estimates
The DACTrak online software proposed for use by the City includes estimated costs for removing physical barriers identified in the transition plan. Through use of the DACTrak software, the City is able to generate numerous custom reports that can calculate costs on demand for all facilities City-wide or filtered to specific categories of items for select facilities. Additionally, since DAC’s in-house IT team maintains and manages the entire DACTrak platform, custom costs that may be provided by the City can be added to the DACTrak software for the City’s project. Reports for custom cost estimates can be generated from the DACTrak software in the City’s preferred Excel file format.

7. Task 7: Tools Training and Implementation Support
DAC understands the City’s request to provide tools, best practices and support to assist in the development and implementation of the City’s ADA Self-Evaluation and Transition Plan, along with the City’s digital accessibility plan.

DAC can provide the City with two state of the art software tools to assist the City in these efforts.

1. DACTrak Accessibility Management Software will be provided to assist the City with its transition plan management and implementation

2. DAC-A11y Digital Accessibility and Scanning software can be provided to the City to assist the City in its digital accessibility audits and document remediation.

DAC will assist the City to develop or refine policies, procedures, and templates related to ADA coordination, grievance processes, notices, effective communication, and digital accessibility governance.

DAC will also provide training to City staff on ADA obligations, use of the transition plan tools, and best practices for ongoing accessibility, including accessible content creation and vendor management for digital platforms.

8. Task 8: Deliverables: Final ADA Self-Evaluation and Transition Plan DAC will assist the City to develop a comprehensive ADA Self-evaluation and Transition plan and will include at a minimum:
• a summary of findings of the self-evaluation of facilities, policies, programs, and practices,
• the recommendations for remedial measures to correct deficiencies and a methodology for prioritizing barrier remediation, cost estimates for recommended remediation measures,
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• assistance with an implementation schedule that includes milestones or measures of achievement for monitoring implementation,
• recommendations for procedures and forms for monitoring implementation, recommendations for procedures for periodically reviewing and updating the ADA transition plan,
• recommendations for procedures and forms for performing evaluations of additional barriers, recommendations for procedures and forms for filing requests for accommodation, a list of references and,
• contact information for ADA and accessibility related resources; and identification of the City official(s) with overall responsibility for implementation of the plan.

DAC will provide the City with strategies for implementation of the City’s Transition Plan.

Timelines, funding, and action plans will be discussed with the City, using CIP and other achievable funding options. The final proposed ADA transition plan findings will be provided to City staff by issuing logins to the DACTrak accessibility management software and conducting an interactive training session via teleconference.

DAC will provide the City with DACTrak online accessibility management software which will allow City staff to review and print standard and custom reports on demand, as well as implement and update the transition plan and schedule of barrier removal overtime.

There are no per user seat licenses to access DACTrak, DAC can establish password protected logins to as many City staff as needed. In addition to providing the City with access to DACTrak to view and download reports, DAC can deliver the final selfevaluation and transition plan to the City in multiple formats, such as PDF, Microsoft Excel, KML, and ESRI Shapefile for available exterior reports.

The Executive Summary will be provided to the City in both Word and PDF formats. If the City chooses not to use DACTrak, all data files, project maps and drawings associated with the self-evaluation report and transition plan will be provided to the City in a mutually agreed format. All data collected will be property of the City.

Technical Requirements - Compliance with Regulations
DAC utilizes the appropriate governing standards as indicated:
• ADA 2010 Standards for Accessible Design
• Department of Justice’s Revised Final Title II Ruling for State and Local Governments
• California Building Code (CBC)
• California Department of General Services Access Compliance Materials • ABA-Architectural Barriers Act
• UFAS-Uniform Federal Accessibility Standards
• ANSI-American National Standards Institute
• Section 504 and Section 508 of the Rehabilitation Act • World Wide Web Content Accessibility Guidelines (W3C WCAG Version 2.1AA and 2.2AA)
• Outdoor developed and recreational standards
• National Playground Safety Institute (NPSI) standards 161 CLICK HERE to Return to Agenda
Exhibit A

• PROWAG – Public Rights of Way Accessibility Public Guidelines • California Manual on Uniform Traffic Control Devices (CAMUTCD) • Standard specifications for Public Works Construction (SSPWC) • California Disability Laws and Regulations

9. Optional Task: City Staff Training
DAC has provided training to hundreds of public entities and is also the selected consultant of the California Joint Powers Insurance Authority (CJPIA) to provide regular training sessions to their members. In addition to CJPIA members, DAC has provided customized individual training regarding ADA requirements for facilities, public right-ofway, policies, special events, grievances and other related Title II topics.

In addition to Project Tasks 1 through 9 detailed in this Exhibit A; DAC shall provide the following complementary services listed below:
• Facility inspections
• CASp reviews of field data
• Self-evaluations for ADA and Section 504 of the Rehabilitation Act • Section 508 and WCAG conformance
• Transition plans
• Public rights-of-way surveys
• Accessibility Consultation and Professional Services
o Complaint and Grievance Support
o Accessibility related policy review and update
o Reasonable accommodation requests and review.
o Reasonable accommodation solutions - research and options (braille, TTY, ASL interpreter, etc.)
o Complaint or grievance review and response
o Review and update notices and postings
o Review and update of City’s accessibility policies, procedures and practices o Review and update of City’s accommodation statements and policies o Review and update of City’s grievance policy and procedures o Review and update of City’s accessibility training practices o Assistance with Caltrans, FHWA, HUD, CDBG audits, inquiries and responses
• ADA Technical support for Public Records Requests
• Accessibility compliance intake and management software – DACTrak • Digital accessibility scanning and remediation software – DAC-A11y • Expert witness services
• Accessibility plan reviews
• ADA Plan implementation assistance and consultation
• Outdoor developed and recreational areas (pools, parks, trails, camping areas) • NPSI playground safety inspections
• ADA playground inspections
162 CLICK HERE to Return to Agenda
Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, 163 CLICK HERE to Return to Agenda
Exhibit A

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

Contracting Party shall require the same of all subcontractors.

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

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

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 164 CLICK HERE to Return to Agenda
Exhibit A

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

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

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 165 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 the following Contract Sum for the entire life of this Agreement including the Initial and Extended terms: Two Hundred and Fifty Thousand Dollars ($ 250,000), to be paid for duly authorized Services performed consistent with the terms and conditions of this Agreement.

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.

Project Tasks Cost

1. Project Management $ 5,400

2. City-Wide Program, Policy and Procedure Review $ 5,400

3. Accessibility Surveys of Facilities, Parks and Parking Lots $ 98,500

4. Accessibility Surveys of Public Right-of-Way $ 80,000

5. Web and Digital Accessibility Assessment $ 31,800

6. Public and Stakeholder Outreach and Engagement $ 4,800

7. Transition Plan Development $ 6,600

8. Tools, Training and Implementation Support Included

9. Final Deliverables $ 4,800

10. Contingency - approximately 5% $ 12,400
Totals $ 250,000
Additional hours will be billed at the hourly rates for DAC’s professional services at the negotiated rates as a California Joint Powers Insurance Authority member listed below:

DAC Staff Title
DAC
Staff
Hourly
Rate
Lead Consultant Barb Thorpe $ 150
Senior Director of Accessibility Services, CASp Mike Boga $ 150 Director of Accessibility Services, CASp Candice Pursch $ 150 General Manager Tim Mahoney $ 150
Director of Administrative Services Jennie Grover $ 150 Digital Accessibility Specialists Various $ 110
Lead Technology Consultant Sri Talasila $ 150
Accessibility Specialists Various $ 100
Administrative Analysts Various $ 100
166 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.

Timelines are estimates and may vary due to weather, and requests by the City for modifications and other factors. The start may vary from the above chart pending approval by the City Council. The project schedule will be coordinated to comply with the project timelines established by the City but will be completed by April 2028. 167 CLICK HERE to Return to Agenda
Exhibit D

Exhibit D
Special Requirements
None.
168 CLICK HERE to Return to Agenda
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
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 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 169 CLICK HERE to Return to Agenda
Exhibit E

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.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services 170 CLICK HERE to Return to Agenda
Exhibit E

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.

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:
171 CLICK HERE to Return to Agenda
Exhibit E

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 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 172 CLICK HERE to Return to Agenda
Exhibit E

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 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.
173 CLICK HERE to Return to Agenda
Exhibit E

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. 174 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.
175 CLICK HERE to Return to Agenda
Exhibit F

d. Indemnification Provision for Design Professionals.

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

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

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

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 176 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: July 21, 2026

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENTS FOR CONTRACT SERVICES WITH HERMANN DESIGN GROUP, INC AND IN-SITE LANDSCAPE ARCHITECTURE, INC.

FOR ON-CALL LANDSCAPE ARCHITECTURAL DESIGN SERVICES

RECOMMENDATION
Approve Agreements for Contract Services with Hermann Design Group, Inc. and In-Site Landscape Architecture, Inc. for on-call landscape architectural design services; and authorize the City Manager to execute the agreements.

EXECUTIVE SUMMARY
• On-call professional landscape architectural design services are required for generating turf conversion plans and other City landscape projects. • Hermann Design Group, Inc. (HDG) and In-Site Landscape Architecture, Inc. (InSite) are best qualified to provide on-call landscape architectural design services and were selected through the competitive Request for Proposals (RFP) process completed in June 2026.
• Each agreement would be approved for an amount not to exceed $200,000 per year for an initial 3-year term, and an optional 2 additional 1-year term extensions, which provides flexibility to use one or both firms depending on work demand.

FISCAL IMPACT
Both agreements combined could cost up to $200,000 annually, or $600,000 during the initial 3-year terms, and up to an additional $400,000 if the term is extended for the 2-year optional extensions, for a grand total not to exceed amount of $1 million. Funds are available in the Capital Improvement Project (CIP) design account for these services (401-0000-60185). The total amount budgeted for fiscal year (FY) 2026/27 is $200,000 for these services; staff cannot exceed the $200,000 budget per FY without Council approval. The following is the proposed annual budget for both the initial and extended terms for on-call landscape architectural design services:

CONSENT CALENDAR ITEM NO. 14
177 CLICK HERE to Return to Agenda
Initial Term: Budget
FY 2026/27 $200,000
FY 2027/28 $200,000
FY 2028/29 $200,000
Possible Extended Term:

FY 2029/30 $200,000
FY 2030/31 $200,000
Grand Total: $1,000,000

BACKGROUND/ANALYSIS
In April 2026, the City published an RFP for on-call landscape architectural design services and received 10 proposals. The selection committee reviewed the proposals and ranked HDG and In-Site as the most qualified firms to provide these services; the proposed agreements are enclosed as Attachments 1 and 2 respectively.

The City’s on-call professional landscape architectural design consultants will provide oncall landscape and irrigation services for a variety of landscape improvements within its publicly owned right-of-way.

The contract authority would allow staff to utilize either consultant for the full not-toexceed budget of $200,000 per FY. Staff requests this flexibility to allow the use of one firm when the other firm cannot respond due to prior commitments.

ALTERNATIVES
Council may elect not to approve or to modify either proposed agreement.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Agreement for Contract Services with Hermann Design Group, Inc.

2. Agreement for Contract Services with In-Site Landscape Architecture, Inc. 178 CLICK HERE to Return to Agenda
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 Hermann Design Group, a Corporation, etc., with a place of business at 77899 Wolf Road, Suite 102, Palm Desert, CA 92211 (“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 Landscape Architectural Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents that Contracting Party is a provider of professional 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 professional firms performing similar services under similar circumstances.

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

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

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

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

ATTACHMENT 1
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party covenants 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. 180 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 One Million Dollars ($1,000,000.00), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and In-Site Landscape Architecture, Inc. 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 both 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 this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.
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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.

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 22, 182 CLICK HERE to Return to Agenda
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2026, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for two additional one-year term(s) 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) Hermann Design Group, Inc.

ATTN: Chris Hermann
Telephone No.: 760-777-9131, Ext. 101
Email: [email protected]
(b) Hermann Design Group, Inc.

ATTN: Kristin Hermann
Telephone No.: 760-777-9131, Ext. 102
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as Bryan McKinney, PE, Public Works Director/City Engineer, 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, 183 CLICK HERE to Return to Agenda
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voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

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

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

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

5. INSURANCE.

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

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

6. INDEMNIFICATION.

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 185 CLICK HERE to Return to Agenda
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thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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

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

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

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

7.5 Licensing of Intellectual Property. This Agreement creates a 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 187 CLICK HERE to Return to Agenda
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out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

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

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

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

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

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

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to 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.
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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:

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

HERMANN DESIGN GROUP, INC.

Attention: Chris Hermann
77899 Wolf Road, Suite 102
Palm Desert, CA 92211

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 190 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, 191 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:

HERMANN DESIGN GROUP, INC.:

By:

Name: Chris Hermann, PLA/ASLA
Title: President/CEO
ATTEST:

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

Name: Kristin Hermann
Title: CFO/Managing Director
APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
193 CLICK HERE to Return to Agenda
Exhibit A

Exhibit A
Scope of Services
Services and products associated with these on-call services may include, but may not be limited to:

1. Attending meetings and preparing presentations and agenda reports for city advisory boards, commissions and the City Council when said meetings relate to projects covered by the contract;

2. Preparing feasibility studies for new, renovation, and alteration projects;

3. Preparing inventories of existing landscape conditions in publicly owned right of way;

4. Developing landscape themes and concept drawings which are consistent with the City’s water conservation goals and objectives;

5. Coordinating with neighborhood homeowner groups and soliciting feedback and input on community related landscape/irrigation improvements;

6. Providing value engineering and preparing plans, specifications and estimates for assigned landscape and irrigation improvement projects, which may include utilizing the City’s software systems and Bluebeam;

7. Processing assigned projects for the City entitlement, which may include, but not be limited to approval by the Planning Commission, Building and Safety Department, Facilities Department, Engineering Department and City Council;

8. Perform construction support services which may include construction oversight and inspection, responding to bidder requests for information, submittal review, warranty review, contractor progress payment review and project close out;

9. Prepare a project specific rendering. The rendering shall be in color and shall be isometric or ‘bird’s eye’ to provide depth.

Typical Design Scope Example shall include but not be limited to:
• Task 1: Project Management
The selected Consultant shall be responsible for project management activities throughout the life of the contract including managing the project schedule, setting up meetings, field reviews, and managing the project team. The Consultant will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre-bid meeting and will respond to contractor requests for clarification during the bid process. Expected deliverables include monthly progress reports, schedule updates, meeting agendas, and minutes.
• Task 2: Site Visit and Review
The selected Consultant shall be responsible for in-person review of existing site conditions for grading issues, utilities and other existing site improvements. 194 CLICK HERE to Return to Agenda
Exhibit A

• Task 3: Utility Coordination
Perform utility coordination, identify points of connections and coordinate same through affected utility providers, and obtain all necessary clearances from affected utility providers. Expected deliverables include any utility agreements as necessary. • Task 4: CVWD Approvals and Application
Consultant shall prepare irrigation water budget calculations and submit them to CVWD for approval. Consultant shall also prepare Turf Removal Application assist in submitting the CVWD application for turf removal rebate.
• Task 5: Conceptual Planting Plan
Consultant shall prepare a conceptual landscape plan for review by staff. Upon review and refinement of the concept, consultant will prepare a planting plan for the project site with a legend that calls out plant material by Latin and common names. Photos of proposed plant material will be included as part of the presentation. After meeting and review of comments by the City, consultant will prepare a final color rendered preliminary plan for presentation.
• Task 6: Plans, Specifications, and Estimate
Prepare project plans, specifications and engineer’s estimates of probable construction costs.
▪ Plans will likely include: Title Sheet, General Plan/Notes Sheet(s), Demolition Sheets, Layout Sheets (As Necessary), Landscape Sheets, Irrigation Sheets, and Detail Sheets. All construction notes and legends shall represent only the items on that plan.
▪ Project Estimate should identify appropriate bid items and quantities. Project estimate shall match the project specification bid schedule. Costs should be based on the historical cost index associated with the identified bid items. ▪ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans.
• Task 7: Project Rendering
Consultant shall prepare a project specific rendering. The rendering shall be in color and shall be isometric or ‘bird’s eye’ to provide depth.
• Task 8: Bid and Construction Support
Consultant will assist the City during the bid and construction phases by responding to Requests for Information (RFI) and provide clarification on its plans as necessary.

Consultant shall provide Construction Observation Services upon request by the City. The following Construction Services are anticipated:
▪ Review rock, wall, and boulder layout
▪ Review of plant material locations prior to installation ▪ Review of irrigation mainline test
▪ Review of emitter placement
▪ Review final installation and irrigation coverage
▪ Final punch list
195 CLICK HERE to Return to Agenda
Exhibit A

In addition, the Design Engineer will be responsible for the preparation of “As-Built” plans based on changes made during construction, identified by the contractor and resident engineer.
• Task 9: Review PS&E Landscape and Irrigation documents by others as requested by others 196 CLICK HERE to Return to Agenda
Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 197 CLICK HERE to Return to Agenda
Exhibit A

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

Contracting Party shall require the same of all subcontractors.

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

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

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 198 CLICK HERE to Return to Agenda
Exhibit A

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

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

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 199 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 the following Contract Sum for the entire life of this Agreement including the Initial and Extended terms: One Million Dollars ($ 1,000,000.00), to be paid for duly authorized Services performed consistent with the terms and conditions of this Agreement.

The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

Initial Term:
“Not to exceed” Year 1: $200,000.00
“Not to exceed” Year 2: $200,000.00
“Not to exceed” Year 3: $200,000.00
Possible Extended Term:
“Not to exceed” Year 4: $200,000.00
“Not to exceed: Year 5: $200,000.00
200 CLICK HERE to Return to Agenda
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201 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 as requested by City within the tine allowed by the total contract sum.
202 CLICK HERE to Return to Agenda
Exhibit D

Exhibit D
Special Requirements
None
203 CLICK HERE to Return to Agenda
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 204 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.
205 CLICK HERE to Return to Agenda
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.
206 CLICK HERE to Return to Agenda
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 207 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 208 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. 209 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 incurred, 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, to the extent 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 incurred, 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. 211 CLICK HERE to Return to Agenda
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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 INSITE Landscape Architecture, Inc. a California Corporation, with a place of business at 67-458 Rio Vista Drive, Cathedral City, CA 92234 (“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 Landscape Architecture Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more professional firms performing similar services under similar circumstances.

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

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

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

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

ATTACHMENT 2
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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. 214 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 One Million Dollars ($1,000,000.00), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the annual aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Hermann Design Group, Inc., 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 both 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 this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.
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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.

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 22, 216 CLICK HERE to Return to Agenda
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2026, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for two additional one-year term(s) 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) In-Site Landscape Architecture, Inc.

ATTN: Ron Moreno
Telephone No.: 760-902-4605
Email: [email protected]
(b) In-Site Landscape Architecture, Inc.

ATTN: Tim Jachlewski, President, PLA, ASLA
Telephone No.: 619-795-7603, Ext. 1
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as Bryan McKinney, PE, Public Works Director/City Engineer, 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, 217 CLICK HERE to Return to Agenda
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voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

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

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

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

5. INSURANCE.

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

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

6. INDEMNIFICATION.

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 219 CLICK HERE to Return to Agenda
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thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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

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

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

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

7.5 Licensing of Intellectual Property. This Agreement creates a 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 221 CLICK HERE to Return to Agenda
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out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

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

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

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

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

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

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to 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.
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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:

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

In-Site Landscape Architecture, Inc.

Attention: Tim Jachlewski, President,

PLA, ASLA
67-458 Rio Vista Drive
Cathedral City, CA, 92234

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 224 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, 225 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:

IN-SITE LANDSCAPE ARCHITECTURE,
INC.:

By:

Name: Tim Jachlewski
Title: President, PLA, ASLA
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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Exhibit A

Exhibit A
Scope of Services
Services and products associated with these on-call services may include, but may not be limited to:

1. Attending meetings and preparing presentations and agenda reports for city advisory boards, commissions and the City Council when said meetings relate to projects covered by the contract;

2. Preparing feasibility studies for new, renovation, and alteration projects;

3. Preparing inventories of existing landscape conditions in publicly owned right of way;

4. Developing landscape themes and concept drawings which are consistent with the City’s water conservation goals and objectives;

5. Coordinating with neighborhood homeowner groups and soliciting feedback and input on community related landscape/irrigation improvements;

6. Providing value engineering and preparing plans, specifications and estimates for assigned landscape and irrigation improvement projects, which may include utilizing the City’s software systems and Bluebeam;

7. Processing assigned projects for the City entitlement, which may include, but not be limited to approval by the Planning Commission, Building and Safety Department, Facilities Department, Engineering Department and City Council;

8. Perform construction support services which may include construction oversight and inspection, responding to bidder requests for information, submittal review, warranty review, contractor progress payment review and project close out;

9. Prepare a project specific rendering. The rendering shall be in color and shall be isometric or ‘bird’s eye’ to provide depth.

Typical Design Scope Example shall include but not be limited to:
• Task 1: Project Management
The selected Consultant shall be responsible for project management activities throughout the life of the contract including managing the project schedule, setting up meetings, field reviews, and managing the project team. The Consultant will include an appropriate number of meetings with City staff. The consultant may be required to attend a City Council meeting. The design consultant will be expected to attend the pre-bid meeting and will respond to contractor requests for clarification during the bid process. Expected deliverables include monthly progress reports, schedule updates, meeting agendas, and minutes.
• Task 2: Site Visit and Review
The selected Consultant shall be responsible for in-person review of existing site conditions for grading issues, utilities and other existing site improvements. 228 CLICK HERE to Return to Agenda
Exhibit A

• Task 3: Utility Coordination
Perform utility coordination, identify points of connections and coordinate same through affected utility providers, and obtain all necessary clearances from affected utility providers. Expected deliverables include any utility agreements as necessary. • Task 4: CVWD Approvals and Application
Consultant shall prepare irrigation water budget calculations and submit them to CVWD for approval. Consultant shall also prepare Turf Removal Application assist in submitting the CVWD application for turf removal rebate.
• Task 5: Conceptual Planting Plan
Consultant shall prepare a conceptual landscape plan for review by staff. Upon review and refinement of the concept, consultant will prepare a planting plan for the project site with a legend that calls out plant material by Latin and common names. Photos of proposed plant material will be included as part of the presentation. After meeting and review of comments by the City, consultant will prepare a final color rendered preliminary plan for presentation.
• Task 6: Plans, Specifications, and Estimate
Prepare project plans, specifications and engineer’s estimates of probable construction costs.
▪ Plans will likely include: Title Sheet, General Plan/Notes Sheet(s), Demolition Sheets, Layout Sheets (As Necessary), Landscape Sheets, Irrigation Sheets, and Detail Sheets. All construction notes and legends shall represent only the items on that plan.
▪ Project Estimate should identify appropriate bid items and quantities. Project estimate shall match the project specification bid schedule. Costs should be based on the historical cost index associated with the identified bid items. ▪ Project Specifications and Bid Documents will likely include the detailed project description, preparation of bid schedules, bid item descriptions, payment methods, special provisions, technical specifications, and any specification detail sheets or standard plans.
• Task 7: Project Rendering
Consultant shall prepare a project specific rendering. The rendering shall be in color and shall be isometric or ‘bird’s eye’ to provide depth.
• Task 8: Bid and Construction Support
Consultant will assist the City during the bid and construction phases by responding to Requests for Information (RFI) and provide clarification on its plans as necessary.

Consultant shall provide Construction Observation Services upon request by the City. The following Construction Services are anticipated:
▪ Review rock, wall, and boulder layout
▪ Review of plant material locations prior to installation ▪ Review of irrigation mainline test
▪ Review of emitter placement
▪ Review final installation and irrigation coverage
▪ Final punch list
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Exhibit A

In addition, the Design Engineer will be responsible for the preparation of “As-Built” plans based on changes made during construction, identified by the contractor and resident engineer.
• Task 9: Review PS&E Landscape and Irrigation documents by others as requested by others 230 CLICK HERE to Return to Agenda
Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 231 CLICK HERE to Return to Agenda
Exhibit A

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

Contracting Party shall require the same of all subcontractors.

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

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

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 232 CLICK HERE to Return to Agenda
Exhibit A

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

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

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 233 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 the following Contract Sum for the entire life of this Agreement including the Initial and Extended terms: One Million Dollars ($ 1,000,000.00), to be paid for duly authorized Services performed consistent with the terms and conditions of this Agreement.

The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

Initial Term:
“Not to exceed” Year 1: $200,000.00
“Not to exceed” Year 2: $200,000.00
“Not to exceed” Year 3: $200,000.00
Possible Extended Term:
“Not to exceed” Year 4: $200,000.00
“Not to exceed: Year 5: $200,000.00
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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 as requested by City within the tine allowed by the total contract sum.
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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 239 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 242 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 243 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. 244 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.
245 CLICK HERE to Return to Agenda
Exhibit F

d. Indemnification Provision for Design Professionals.

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

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

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

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 246 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: July 21, 2026

STAFF REPORT
AGENDA TITLE: APPROVE DECLARATION AND DISPOSAL OF SURPLUS VEHICLES

AND EQUIPMENT

RECOMMENDATION
Approve the declaration and disposal of surplus vehicles and equipment.

EXECUTIVE SUMMARY
 The City has accumulated surplus, obsolete and non-functional equipment that has limited market value and two City-owned motorcycles that have reached the end of their functional life (Surplus).
 Pursuant to the City’s Surplus Supplies and Equipment Policy (Policy), adopted via Council Resolution No. 2019-16, Council must declare property surplus prior to sale.  Upon Council approval, a notice for bid will be advertised in The Desert Sun and the City’s website. The two motorcycles will be included in the Surplus with a minimum bid of $2,500 each. If no bids are received, the motorcycles will be sold through a used motor vehicle retailer in accordance with the Policy.

FISCAL IMPACT
Proceeds from equipment sales will be deposited into the original Fund they were purchased from, and vehicle sales will be deposited into the Equipment Replacement Fund (Account No. 501-0000-45000, Gain/Loss on Asset Disposal). Advertising costs in The Desert Sun will be approximately $500, funds are available in the Finance budget (Account No. 101-1006-60450, Advertising).

BACKGROUND/ANALYSIS
The Surplus consists of both functioning and non-functioning equipment that is no longer needed or has outlived its purpose (Attachment 1). Surplus items are identified by Department Directors as outlined by Policy. The Finance Department consolidates the items for Council’s review and coordinates their disposal.

Police motorcycles have an estimated useful life of approximately 5 years or 50,000 miles.

The City has determined that these City-owned motorcycles have reached the end of their useful life. In accordance with the Policy, the Department Director may determine the CONSENT CALENDAR ITEM NO. 15
247 CLICK HERE to Return to Agenda
estimated market value. The total estimated market value, per Kelly Blue Book, for motorcycle V-1 is $7,250 and for motorcycle V-2 is $8,800, if considered in good condition (Attachment 2).

Upon Council approval, Surplus will be advertised for bid in The Desert Sun and the City website. Staff is proposing the following schedule:
 Publication posting: July 24 and August 4, 2026
 Bid deadline: August 10, 2026
 Bid opening: August 17, 2026
If no bids are received, the surplus equipment may be sold at auction, donated to a nonprofit organization, or discarded, as authorized by the Policy.

The two surplus motorcycles will be included in the public bid process with a minimum bid of $2,500 each. The minimum bid was established based on the motorcycle’s condition, estimated market value, and current reseller offers received by the City. If no bids meeting the minimum bid amount are received through the surplus process, staff will proceed with selling the motorcycles through a used motor vehicle reseller, as permitted by the Policy.

ALTERNATIVES
Staff does not recommend an alternative; as approval is required to authorize the disposal of surplus property and equipment.

Prepared by: Manuel Elizalde, Administrative Technician Approved by: Claudia Martinez, Finance Director/City Treasurer Attachments: 1. List of Surplus Property and Equipment

2. List of Surplus Vehicles
248 CLICK HERE to Return to Agenda
Inventory
Number Item Picture Model/Brand Description Serial number Condition 1689 Automatic Mixer Shure
SCM820 Digital Intellimix Automatic
Mixer 2QJ0260278 Good
1690 Audio Network Interface Shure MXWANI8 Audio Network Interface 2QG1851057 Good1691 Networked Charging
Station & Boundary
Transmitter (Qty.8) Shure MXWNCS8 & MXW6/C=Z10 3QF2744846 | N/A Good 1692 Access Point Transceiver Shure MXWAPT8Z10 DD4MXWAPT8 Good1693 Macbook Pro 13" 2020 M1
8GB Apple A2238
Working, 512GB HD, Tahoe 26.3.1 |
Missing USB-C power cord C02DMFNFQ05F Good
$77$&+0(17
$77$&+0(17
249
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1694 Laptop Dell Latitude 5520
Working laptop, older device No
Charger BVZ5FL3 Fair
1695 Laptop Dell Latitude 5530
Working laptop, older device No
Charger 51M2VL3 Fair
1696 Laptop Dell Latitude 5530
Working laptop, older device No
Charger JXLXML3 Fair
1697 Laptop Dell Latitude 5530
Working laptop, older device No
Charger 6XL2VL3 Fair
1698 Laptop Dell Latitude 5530
Working laptop, older device No
Charger FVL2VL3 Fair
250
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1699 Laptop Dell Latitude 5520
Working laptop, older device No
Charger 9QZ7PG3 Fair
1700 Laptop Dell Latitude 5520
Working laptop, older device No
Charger JXZ5FL3 Fair
1701 Laptop Dell Latitude 5530
Working laptop, older device No
Charger J1M2VL3 Fair
1702 Laptop Dell Latitude 5520
Working laptop, older device No
Charger DMJXRG3 Fair
1703 Laptop Dell Latitude 5520
Working laptop, older device No
Charger 3TZ5FL3 Fair
251
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1704 Laptop Dell Latitude 5530
Working laptop, older device No
Charger J2M2VL3 Fair
1705 Laptop Dell Precision M2800 Working laptop, older device F3ZRJ72 Fair1706 Laptop Dell Precision M2800 Working laptop, older device
Flaky Keyboard 20ZRJ72 Fair
1707 Laptop Dell Inspiron 15 Working laptop, older device 5XHKB52 Fair1708 Laptop Dell Latitude E7440 Working laptop, older device JKG9XZ1 Fair 252
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1709 Laptop Dell Latitude 5510
Working laptop, older device USB C
port loose 92GTDB3 Poor
1710 Laptop Dell Latitude 5511 Keyboard Issues GDGNL63 Poor1711 Laptop Dell Latitude 5510 Working laptop, older device
Keyboard/USB C port issues 9BGTDB3 Poor
1712 Laptop Dell Latitude 5510 Working laptop, older device BV8TDB3 Fair1713 Laptop Dell Latitude 5511 Working laptop, older device 8HFHL63 Fair 253
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1714 Laptop Dell Latitude 5511
Working laptop, older device Keyboard
Issues/Heavy Cosmetic Damage 7J9HL63 Poor
1715 Laptop Dell Latitude 5511
Working laptop, older device Cosmetic
Damage 2VLHL63 Fair
1716 Laptop Dell Latitude 5510
Working laptop, older device Keyboard
Issues F3C8P73 Poor
1717 Laptop Dell Latitude 5510 Working laptop, older device 4PX0573 Fair1718 Laptop Dell Latitude 5510 Working laptop, older device 74GTDB3 Fair 254
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1719 Laptop Lenovo Thinkpad T490s Working laptop, older device MJ-0C0AA3 Poor1720 Laptop Lenovo Thinkpad T490s Working laptop, older device MJ-0C0AC9 Poor1721 Laptop Lenovo Thinkpad T490s Working Laptop, older device
Damaged Power Port (Loose) MJ-0C0ABV Poor
1722 Laptop Lenovo Thinkpad 490s
Working laptop, older device Battery
Issues MJ-0C0ACA 3oor
1723 Laptop Microsoft Surface 1796
Working laptop, older device No
charger (Docking Station included) 46736290353 Fair
255
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1724 Laptop Microsoft Surface 1796
Working laptop, older device Original
Charger included 1650282853 Fair
1725 Laptop Microsoft Surface 1796
Working laptop, older device No
charger, docking station included 58925682753 Fair
1726 Laptop Microsoft Surface 1796
Working laptop, older device No
charger, docking station included 1766182853 Fair
1727 Laptop Microsoft Surface 1796
Working laptop, older device No
charger, docking station included 59041282753 Fair
1728 Laptop Dell Latitude 7220 Rugged
Working laptop, older device Needs
new fans/boot issues FLMLTG2 Poor
256
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1729 Laptop Dell Latitude 7220 Rugged
Working laptop, older device Does not
include keyboard/ USB issues 3MMLTG2 Poor
1730 Laptop Dell Latitude 7200 2-in-1
Working laptop, older device Cracked
screen/Power button stuck HTW1733 Poor
1731 Laptop Dell Latitude 7200 2-in-1 Working laptop, older device 1WRYP13 Fair1732 Laptop Dell Latitude 7200 2-in-1 Working laptop, older device 7C5PYY2 Fair1733 Laptop Dell Latitude 7200 2-in-1 Working laptop, older device DCTZ533 Fair 257
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1734 Laptop Dell Latitude 7200 2-in-1 Working laptop, older device 5RZ2733 Fair1735 Laptop Dell Latitude 7200 2-in-1 Working laptop, older device 1G2Z533 Fair1736 Workstation Dell OptiPlex 3060 Older Workstation 3BN0GV2 Fair1737 Workstation Dell OptiPlex 7050 Older Workstation CRP67P2 Fair1738 Workstation DellOptiplex 7060 Older Workstation
Does not reliably power on DPHLCV2 Poor
258
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1739 Workstation Dell OptiPlex 7060
Older Workstation
Does not reliably power on DPKMCV2 Poor
1740 Workstation Dell OptiPlex 7060
Older Workstation Does not reliably
power on DPFNCV2 Poor
1741 Workstation Dell Precision 5820 Tower
Older Workstation Tower Does not
reliably power on 90740C3 Poor
1742 NUC NUC6i5SYH Older NUC G6SY60800JGB Fair1743 NUC NUC7i5BNK Older NUC G6BN90300UFU Fair 259
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1744 NUC Intel NUC BOXNUC7i5BNK Older NUC G6RY519003AY Fair 1745 NUC NUC7i5BNK Older NUC G6BN90300U1Z Fair1746 NUC NUC5i5RY Older NUC
No Windows Activation G6RY519003AE Poor
1747 NUC NUC7i5BNK Older NUC+D55 G6BN85100FUW Fair1748 NUC D34010WYK Older NUC No Hard Drive G6YK42001UEE Poor 260
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1749 NUC NUC5i5RYK Older NUC No Hard Drive G6RY519003AZ Poor1750 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96BE51 Good1751 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96C994 Good1752 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96CB3E Good1753 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF924873 Good 261
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1754 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96C163 Good1755 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96CA8D Good1756 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96CAF9 Good1757 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96C43F Good1758 Wireless Access Point Unifi nanoHD (UAP-nanoHD) Wifi Radio F492BF96B1B2 Good 262
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1759 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96BF02 Good1760 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio Dim LED F492BF96CC34 Fair1761 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96C160 Good1762 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96AE2E Good1763 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96CB23 Good 263
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1764 Storage Server
NimbleStorage CS200,
CS400,ES1
16-Bay Hard Drive Storage Server
Works, slow due to age | Hard drives
removed A:NC13A01131 & B:NC13C04041 Fair
1765 NAS WD MyCloud EX4100
Network Storage Device Faulty Hard
Drive Reader | Hard Drives removed WUBF28030052 Poor
1766 NAS WD MyCloud PR4100
Network Storage Device Faulty Hard
Drive | Hard Drves removed WUBP28490114 Poor
1767 Storage Server
NimbleStorage CS200,
CS400,ES1
Network Storage Device, Slow due to
age | Hard Drives removed A: NC15F24889 & B: NC15F24690 Fair 1768 Storage Server
NimbleStorage CS200,
CS400,ES1
Network Storage Device, Slow due to
age | Hard Drives removed A: NC13F04175 & B: NC13F04176 Fair 264
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1769 Server Dell EMC PowerEdge R650 Server works, slow due to age 1NJL0R3 Good1770 MacBook Air A1466 13", i7, OS 11.7.10, 8GB, 500GB,
Works but no power adapter C02NQ07LG5RQ Good
1771 MacBook Pro A1502
13", i7, OS 10.11.6, 16GB, 500GB
Works but no power adapter C02RP0K6FVH8 Good
1772 Workstation Dell OptiPlex 7060 Older workstation DPKPCV2 Good 1773 Workstation Dell OptiPlex 7060 Older workstation 3MY7JG2 Good 265
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1774 Macbook Pro A1398
15", i7, OS 10.8.5, 8GB, 250GB Works
but no power adapter CV02KW04BFFT3 Good
1775 Workstation Dell OptiPlex 3050 Older workstation CZZMGL2 Good1776 Workstation Dell OptiPlex 3050 Older workstation 6XCTGM2 Good1777 MacBook Pro A1502 13", i5, OS 11.7.9, 16GB, 250GB
Works but no power adapter C02N92WLG3QR Good
1778 Workstation Dell PtiPlex 7060 Older workstation DPHNCV2 Good 266
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1780 Workstation Dell OptiPlex 3050 Older Workstation HZ6QJK2 Good1781 Workstation Dell OptiPlex 7060 Older Workstation DPFQCV2 Good1782 Workstation Dell OptiPlex 3040 Older Workstation | Loud Fans 3C08JG2 Poor1783 Workstation Dell OptiPlex 7060 Older Workstation DPJPCV2 Good1784 Meraki MS120-8 8 port POE switch | No power cable Q4AA-6BU7-Q4ZM Good 267
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1785 Meraki MS320-48LP 48 port POE switch | No power cable Q2SP-WPG3-KZB7 Good1786 MacBook Pro A2141 16", i7, OS 14.5, 16GB, 500GB, Works
but no charger C02DC4D0MD6P Good
1787 Meraki MS320-48LP 48 port POE switch | No power cable Q2SP-XDMR-PDNB Good1788 Meraki MS320-48LP 48 port POE switch | No power cable Q2SP-FW7K-R99V Good1789 Meraki MS320-24P 24 port POE switch | No power cable Q2QP-RBK4-SWPR Good 268
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1790 Meraki MS320-24P 24 port POE switch | No power cable Q2PP-LP9D-7BJ9 Good1791 Meraki MS320-48LP 48 port POE switch | No power cable Q2SP-EQAA-QFQM Good1792 Meraki MS220-48LP 48 port POE switch | No power cable Q2MP-WH72-VPFN Good1793 Meraki MS225-48LP 48 port POE switch | No power cable Q2JQ-ACKR-KVAZ Good 1794 Meraki MS220-48LP 48 port POE switch | No power cable Q2MP-7BLJ-X7K9 Good 269
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1795 Meraki MS220-48LP 48 port POE switch | No power cable Q2MP-7UPY-VDV4 Good1796 Meraki MS220-48LP 48 port POE switch | No power cable Q2MP-EQT7-ARQQ Good1797 Meraki MS220-48LP 48 port POE switch | No power cable Q2MP-98FS-W5JZ Good1798 Meraki MS220-48LP 48 port POE switch | No power cable Q2MP-N6N3-V4E5 Good1799 Meraki MS225-48LP 48 port POE switch | No power cable Q2JW-7UPN-KCKJ Good 270
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1800 Meraki MS220-48LP 48 port POE switch | No power cable Q2MP-XEQN-AEVR Good1801 Meraki MS220-24P 24 port POE switch | No power cable Q2KP-TCLZ-Q9BZ Good1802 Meraki MS220-24P 24 port POE switch | No power cable Q2KP-CW85-36YH Good1803 Meraki MS225-24P 24 port POE switch | No power cable Q2GW-PDKC-PTHX Good1804 Meraki MS220-24P 24 port POE switch | No power cable Q2KP-8AE7-6D42 Good 271
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1805 Workstation Dell OptiPlex 7050 Win10 H7PQGM2 Good1806 Workstation Dell OptiPlex 3050 Win10 DNYWLP2 Good1807 Workstation Dell OptiPlex 3060 Win10 2FN0GV2 Good1808 Workstation Dell OptiPlex 3060 Win11 1DN0GV2 Good1809 MacBook Pro A1502 13", i5, OS 12.7.1, 8GB, 256GB Works
but no power adapter C02PTD7CFVH5 Good
272
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1811 MacBook Pro A1502
13", i7, OS 12.7.2, 16GB, 500GB
Screen has scratches. Works but no
power adapter C02SH01FFVH8 Fair
1812 Workstation Dell OptiPlex 7060 i7 No Hard Drive/Won't Boot 81LT0S2 Poor 1813 Workstation Dell OptiPlex 3060 i5, No Hard Drive/Won t Boot CDN0GV2 Poor
1814 Workstation Dell OptiPlex 3060 i5 8DN0GV2 Good
1815 Workstation Dell OptiPlex 3060 Win10 2CN0GV2 Good
273
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1816 Workstation Dell OptiPlex 3060 Win11, i5 6DN0GV2 Good1817 Workstation Dell OptiPlex 3060 Win10, i5 GDN0GV2 Good1818 Workstation Dell OptiPlex 3060 Unusable Workstation No Hard
Drive/Won't Boot/No Power Supply FCN0GV2 Poor
1819 Workstation Lenovo ThinkCentre CT01WW
Unusable Workstation No Hard
Drive/Won't Boot/No Power Supply MJ070DCK Poor
1820 Server HP Server HSTNS-5200 8-bay Server/No Hard Drives 2M291705QD Good 274
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1821 Server HP ProLiant DL380G6 8-bay Server/No Hard Drives 2M201703BF Good 1822 Server HP ProLiant DL360 Gen10 8-bay Server/No Hard Drives MXQ91704K8 Good1823 Server HP ProLiant DL360 Gen10 8-bay Server/No Hard Drives MXQ85202PR Good1824 Wireless Access Point Unifi nanoHD (UAP-nanoHD) WiFi Radio F492BF96C99A Good1825 Workstation Dell OptiPlex 3060 Win10, i5 JBN0GV2 Good 275
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1826 Workstation Dell OptiPlex 3050 Win10, i5 DP60MP2 Good1827 Workstation Thinkpad ThinkCentre M710q Unusable Workstation No Hard
Drive/Won't Boot MJ070DQ9 Poor
1828 Workstation Thinkpad ThinkCentre M710q Lenovo Workstation MJ070DCG Good 1829 Workstation Thinkpad ThinkCentre M710q Lenovo Workstation MJ070D9S Good1830 Workstation Thinkpad ThinkCentre M710q Unusable Workstation Missing Hard
Drive/Won't Boot No Power Supply MJ070D9R Poor
276
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1831 Workstation Thinkpad ThinkCentre M710q
Unusable Workstation Missing Hard
Drive/Won't Boot No Power Supply MJ070DCH Poor
1832 Workstation Thinkpad ThinkCentre M710q
Unusable Workstation Missing Hard
Drive/Won't Boot No Power Supply MJ070DCJ Poor
1833 NUC NUC6i5SYH
Unusable NUC No Hard Drive/No
Power Supply G6SY631004E7 Poor
1834 NUC NUC7i5BNK
Unusable NUC No Hard Drive/No
Power Supply G6BN932001MY Poor
1835 NUC NUC6i5SYH Unusable NUC No Hard Drive G6SY60800JHJ Poor 277
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1836 NUC NUC6i5SYH Unusable NUC No Hard Drive G6SY60800HQL Poor 1837 Workstation Dell Precision 3630
Very Old Workstation No Hard Drive or
Power Cord FT3LN23 Poor
1838 Workstation Dell Optiplex 3020
Very Old Workstation, i5 No Hard Drive
or Power Cord 58N2H02 Poor
1839 Workstation Dell Optiplex 9020
Very Old Workstation, i7 No Hard Drive
or Power Cord 17WT382 Poor
1840 Workstation HP Compaq dx2300
Very Old Workstation, Pentium, No
Hard Drive or Powerc Cord MXL7350GR3 Poor
278
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1841 Workstation HP Compaq dx2300
Very Old Workstation, Pentium, No
Hard Drive or Powerc Cord MXL7350G7S Poor
1842 Workstation Acer Veriton VX6630G
Very Old Workstation, Pentium, No
Hard Drive or Powerc Cord 41500065701 Poor
1843 Desktop Apple iMac 2017 5K 27" 3.5GHZ I5
64GB MEMORY, 512GB HD;
VENTURA 13.7.8, Includes keyboard,
mouse and power cord C02W226DJ1GH Good
1844 Desktop Apple iMac 2017 5K 27" 3.5GHZ I5
48GB MEMORY; 1TB HD: VENTURA

13.7.8, Includes keyboard, mouse and
power cord C02X23A8J1GG Good
1845 iPhone 8 Plus 64GB AppleMQ962LL/A
Working, V16.7.14, Battery Health
76%, Cracked Rear Case DX2XHBQEJCLY Poor
279
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1846 iPhone 5s 16GB Apple ME350LL/A
Working V12.5.8, Battery Health
Unknown, Included Otter Case DNPMF3L2FF9Y Good
1847 iPhone XR 64GB Apple MT302LL/A Working, V18.7.6, Battery Health 94% DX6CF92TKXKN Good1848 iPhone 8 Plus 64GB Apple MQ962LL/A Working, V16.7.14, Battery Health 80% DX3XHBZLJCLY Good1849 iPhone 8 Plus 64GB Apple MQ962LL/A Working, V16.7.14, Battery Health
93%, Wear and tear scratches on
screen DX3XHC3DJCLY Poor
1850 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
80%, Minor wear and tear scratches on
screen FD2XXA17JCLY Fair
280
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1851 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V.16.7.14, Battery Health
95%, Cracked Screen DX3XHDCPJCLY Poor
1852 iPhone XS 64 GB Apple MTAG2LL/A
Bad Screen, V18.7.6, Battery Health
Unkown, Cracked defective screen and
cracked case G0NZLKL3KPFP Poor
1853 iPhone 13 128GB Apple MLMQ3LL/A
Working, V26.3.1, Battery Health 99%,
Included Otterbox case; may have
microphone issues DKJGF3WQG7 Good
1854 iPhone SE 64GB Apple MMX53LL/A
Working, V26.3.1, Battery Health 84%,
Included Otterbox case NJCP2L6JYW Good
1855 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14 Battery Health 90%,
Includes worn Otterbox case DX3XHCUXJCLY Fair
281
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1856 iPhone XR 64GB Apple MT302LL/A Working, V18.7.6 Battery Health 85% FFWC297BKXKN Good1857 iPhone XR 64GB Apple MT302LL/A Working, V18.7.6 Battery Health 83%,
Included worn Otterbox case FFYC33W8KXKN Good
1858 iPhone XR 64GB Apple MT302LL/A
Working, V18.7.6 Battery Health 88%,
Includes Otterbox case DX4CFYXPKXKN Good
1859 iPhone XR 64GB Apple MT302LL/A
Working, V18.7.6, Battery Health 92%,
Includes case DX4CFCMWKXKN Good
1860 iPhone 8 Plus 64GB Apple MQ962LL/A Working, V16.7.14 Battery Health 82% DX3XHCF6JCLY Good 282
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1861 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
80%, Has cracked rear screen DX3XHDAXKCLY Poor
1862 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
83%, Has cracked rear screen DX3XHCCPJCLY Poor
1863 iPhone 8 Plus 64GB Apple MQ962LL/A Working, V16.7.14, Battery Health 80% DX3XHC2ZJCLY Good1864 iPhone 8 Plus 64GB Apple MQ962LL/A Working, V16.7.14, Battery Health
89%, Includes Otterbox case DX3XHDXHJCLY Good
1865 iPhone XR 64GB Apple MT302LL/A
Working, V18.7.6 Battery Health 96%,
Includes Otterbox case and belt clip DX4CFR3VKXKN Good
283
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1866 iPhone XR 64GB Apple MT302LL/A
Working, V18.7.6, Battery Health 97%,
Includes Otterbox case and belt clip DX4CFR8BKXKN Good
1867 iPhone X 64GB Apple MQAQ2LL/A
Working, V16.7.14, Battery Health
85%, Includes Otterbox case DNPX5UBWJCLH Good
1868 iPhone 12 Pro Max 512GB Apple MG9N3LL/A
Working, V26.3.1, Battery Health 92%,
Includes Bandolier case G0NDM38R0D4C Good
1869 iPhone 11 Pro 512GB Apple MWAY2LL/A
Working, V26.3.1, Battery Health 94%,
Includes case C39ZC0FFN6XY Good
1870 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
93%, Includes Otterbox case DX3XJCWEJCLY Good
284
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1871 iPhone SE 64GB Apple MHG43LL/A Working, V26.3.1, Battery Health 79% DX3FX4QSPLJM Good 1872 iPhone SE 64GB Apple MHG43LL/A Working, V26.3.1, Battery Health 86% DX3FX3HTPLJM Good1873 iPhone SE 64GB Apple MHG43LL/A Working V26.3.1, Battery Health 91%,
Includes Otterbox case DX3FFX4Q4PLJM Good
1874 iPhone SE 64GB Apple MHG43LL/A
Working V26.3.1, Battery Health 98%,
Includes Otterbox case DX3FX3QGPLJM Good
1875 iPhone SE 64GB Apple MMX53LL/A Working, V26.3.1, Battery Health 97% JQV76MY4QC Good 285
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1876 iPhone SE 64GB Apple MMX53LL/A
Working, V26.3.1, Battery Health 95%,
Includes case LR9L7H5959 Good
1877 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
80%, Includes Otterbox case DX3XH72DJCLY Good
1878 iPhone SE 64GB Apple MMX53LL/A
Working, V26.3.1, Battery Health 88%,
Includes Otterbox case DKV2H5935J Good
1879 iPhone SE 64GB Apple MMX53LL/A
Working, V26.3.1, Battery Health
100%, Includes Otterbox Case YDCJ205WCK Good
1880 iPhone SE 64GB Apple MMX53LL/A
Working, V26.3.1, Battery Health
100%, Includes Otterbox Case Y23NJTV7J9 Good
286
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1881 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
82%, Includes Otterbox case DX3XH9YUJCLY Good
1882 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
92%, Includes Otterbox case, case has
scratches DX3XHC62JCLY Good
1883 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
82%, Includes Otterbox case FD1W925WJCM2 Good
1884 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
78%, Includes Otterbox case DX3XH7X3JCLY Good
1885 iPhone SE 64GB Apple MMX53LL/A
Working, V26.3.1, Battery Health
100%, Includes Otterbox Case and belt
clip W2563672HM Good
287
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1886 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.14, Battery Health
93%, Includes Otterbox case DX3XHD3EJCLY Good
1887 iPhone XR 64GB Apple MT302LL/A
Working, V18.7.6, Battery Health 96%,
Includes Otterbox Case DX5CFTUBKXKN Good
1888 iPhone 8 Plus 64GB Apple MQ962LL/A
Working, V16.7.15, Battery Health
85%, Screen is cracked, includes
Otterbox case DX3XHD7YJCLY Fair
1889 iPad Air Apple ME993LL/A
Working, V12.5.8, Battery Health
Unknown DLXMV41GF4YD Good
1890 iPad (2nd Gen) 64GB Apple MC764LL/A
Working, V9.3.6, Battery Health
Unknown DLXGK004DJHH Good
288
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1891 iPad (2nd Gen) 64GB Apple MC764LL/A
Working, V9.3.6, Battery Health
Unknown DLXFL6DJDJHH Good
1892 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXG1JTJF89 Good
1893 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown, Includes Otterbox case and
clip DMPXG1X9JF89 Good
1894 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXG3CXJF89 Good
1895 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXG0UNJF89 Good
289
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1896 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXG2F4JF89 Good
1897 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXG1J3JF89 Good
1898 iPad (7th Gen) 32GB Apple MW6H2LL/A
Working, V18.7.5, Battery Health
Unknown, Inclues Otterbox case GG72L0VPMDG1 Good
1899 iPad (7th Gen) 32GB Apple MW6H2LL/A
Working, V18.7.5, Battery Health
Unknown, Inclues Time City case GG7ZL16TMDG1 Good
1900 iPad (7th Gen) 32GB Apple MW6H2LL/A
Working, V18.7.5, Battery Health
Unknown, Includes Otterbox case GG7ZKDC6MDG1 Good
290
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1901 iPad (7th Gen) 32GB Apple MW6H2LL/A
Working, V18.7.5, Battery Health
Unknown, Includes Seymac case GG7ZL096MDG1 Good
1902 iPad (8th Gen) 32GB Apple MYMP2LL/A
Working, V17.4.1, Battery Health
Unknown, Includes Time City case GG7FT2QVQ1KV Fair
1903 iPad (9th Gen) 64GB Apple MK663LL/A
Working, V26.3.1, Battery Health
Unknown, Includes Time City Case PM2M9Q9J31 Good
1904 iPad (9th Gen) 64GB Apple MK663LL/A
Working, V26.3.1, Battery Health
Unknown, Includes Time City Case YPQNDJQG4R Good
1905 iPad Pro (2nd Gen) 512GB Apple MPLL2LL/A
Working, V17.7.10, Battery Health
Unknown, Includes LOGI case DLXTM00CHPQJ Good
291
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1906 iPad Pro (2nd Gen) 64GB Apple MQEG2LL/A
Working, V17.7.10, Battery Health
Unknown, Includes Otterbox case DLXXC15SJ294 Good
1907 iPad Pro (2nd Gen) 64GB Apple MQEG2LL/A
Working, V17.7.10, Battery Health
Unknown, Includes Otterbox case DLXXF2W6J294 Good
1908 iPad Pro (2nd Gen) 64GB Apple MQEG2LL/A
Working, V17.7.10, Battery Health
Unknown, Includes Otterbox case DLXX50FNJ294 Good
1909 iPad Pro (3rd Gen) 64GB Apple MTHL2LL/A
Working, V26.3.1, Battery Health
Unknown, Includes Otterbox Case DLXXR08SKC48 Good
1910 iPad Pro (3rd Gen) 512GB Apple MTFQ2LL/A
Working, V26.3.1, Battery Health
Unknown, Includes Apple Keyboard
Case DLXXW003K823 Good
292
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1911 iPad Pro (3rd Gen) 256GB Apple MTFL2LL/A
Working, V26.3.1, Battery Health
Unknown, Includes Armor-X case DLXXK4HPK7RG Good
1912 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXG3KKJF89 Good
1913 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXG1QKJF89 Good
1914 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXD8YTJF89 Good
1915 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unkown DMPXG153JF89 Good
293
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1916 iPad (6th Gen) 128GB Apple MR752LL/A
Working, V17.7.10, Battery Health
Unknown DMPXG1Q7JF89 Good
1917 Galaxy TAB-E SM-T560NU
Working, V7.1.1, Battery Health
Unknown, Includes case and power
cord R52MB0AK4RJ Good
1918 Galaxy TAB-E SM-T560NU
Working, V7.1.1, Battery Health
Unknown, Includes case and power
cord R52MB07QQ5T Good
1919 Galaxy TAB-E SM-T560NU
Working, V7.1.1, Battery Health
Unknown, Includes power cord R52M9145VMD Good
1920 Galaxy TAB-E SM-T560NU
Working, V7.1.1, Battery Health
Unknown, Includes power cord R52MB0AJCHT Good
294
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1921
Macbook Pro 13" 2019

2.8GHz Intel i7 16GB Apple A2251
Working, 512GB HD, Sequoia 15.7.4,
Missing USB-C power cord C02Z91DULVDM Good
1922
MacBook Pro 13" 2020 2.3
GHz Intel i7 32GB Apple A1989
Working, 512GB HD, Tahoe 26.3.1 |
Missing USB-C power cord C02D95CTML85 Good
1923
Power conditioner and light
module Furman PL-Plues N/A Fair
1924 Clip on microphone Audio-Technica AT8531 N/A Good1925 Stero Wireless System for
Active Loudspeakers Alto Professional N/A No.816311011068 Good 295
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1926 Dual CD Player Stanton
C.500 Never been used. Still in original
packaging N/A Excellent
1927 Stage Light Chauvet PAR-56SC, Includes 7 color filters 2040801687 Fair1928 Controller Chauvet CH-460LS 2040800258 Fair1929 Stationary Receiver MiniPro 2 SR40, Includes power cord N/A Fair1930 Micro Mic Channel Mixer Behringer MX400, Includes power cord and 1
auxiliary cable 1300651390 Fair
296
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1931
Wireless Microphone
Transmitter Ampli Vox S-1600T, Includes headset microphone N/A Fair 1932 Foot Controller Chauvet CH-FSLS 2040800260 Fair1933 Four (4) matched studio
condenser microphones Behringer
C-2, Two sets of microphones (four
mics total) J1302362263 and J1302383263 Good
1934
Assorted microphones (2
wireless and 4 nonwireless) Nady, Sennheiser, AKG
Starpower SP-9 (4), EW100, MiniPro
HT 40, Six (6) microphones total,
Includes one (1) microphone cable N/A Fair
1935 Diversity Receiver Sennheiser EW100, Includes power cord 134115 Fair 297
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1936 Projector Screen Unknown
White 10ft, includes brackets to hang
from ceiling N/A Poor
1937 Projector JVC Black/Ceiling Mounted N/A Fair1938
Metal Square Audio Visual
Case N/A Black/Wall Mounted N/A Fair
1939 Stereo Mixer Shure SCM262 N/A Poor1940 Microphone Input Shure BLX88 N/A Poor 298
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1941 Receiver Binary Black Box N/A Poor1943 DVD Player Sony BDP-S3200 N/A Poor1944 Processor Creston Prodigy PMC2 N/A Poor1945 Transmitter Binary B540 N/A Poor1946 Wireless HDMI Receiver IO Gear QWLP-HDRX N/A Poor 299
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1947 Sound Receiver Yamaha-Entage RX81080 N/A Poor1948 Misc. Audio Wires/Cables N/A N/A N/A Poor1949 Stereo Mixer N/A SCM262 N/A Poor1950 Microphone Outlet Shure BLX88 N/A Poor1951 Stretch Machine Technogym Flexibility Posterior ME1014100343 N/A Poor 300
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1952 Magic Card Printer 66F8726 N/A Poor1953 Magic Card Enduro Printer 57C6823 N/A Poor1954 Magic Card Printer 57C6823 N/A Poor1955 Shredder SPL-X201G Staples N/A Poor1956 Rower Gym Equipment Life Fitness Does Not Work Well RGP181001723 Fair 301
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1957 Treadmill IO Gear Working Unknown Good1958 Equipment BIG TEX TILT TRAILER SALVAGED 16VFX1824F2002594 Good1959 Equipment BIG TEX UTILITY TRAILER 15' TRAILER LP#325653 Poor1960 Equipment WANCO ARROW BOARD LP#SE550498 Fair1961 Equipment WANCO MESSAGE BOARD LP#SE5692222 Fair 302
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1962 2-in-1 Workstation HP Pavilion All-in-One
Touchscreen Workstation, Half Screen
Damaged/Heavy Cosmetic
Damage/Power Cord is Included 8CC82011J9 Poor
1963 Old Workstation HP z240 SFF Workstation Unusable Workstation/No Hard Drive 2UA83927M4 Poor 1964 Old Laptop Gateway 450ROG Windows XP Laptop 3501752 Poor 1965 Dell 32" LCD Monitor D3218HNo
2018 HDMI and VGA Monitor,
Flickers/Loses Connectivity with
modern PCs 3L1PKK2 Fair
1966 Dell 32" LCD Monitor D3218HNo
2018 HDMI and VGA Monitor,
Flickers/Loses Connectivity with
modern PCs 70LNKK2 Fair
303
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1967 Dell 24" LCD Monitor P2414Hb 2014 HDMI and DP Monitor CN-0524N3-74261-42D-21KL Fair1968 Dell 24" LCD Monitor P2414Hb 2015 HDMI and DP Monitor JMWBJ62 Fair1969 Dell 24" LCD Monitor P2414Hb 2014 HDMI and DP Monitor CN-0524N3-74261-42C-92HL Fair1970 Dell 24" LCD Monitor P2414Hb 2014 HDMI and DP Monitor CN-0524N3-74261-42C-2YGL Fair1971 Dell 24" LCD Monitor P2414Hb 2014 HDMI and DP Monitor CN-0524N3-74261-42C-32WL Fair 304
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1972 Dell 24" LCD Monitor P2414Hb 2014 HDMI and DP Monitor CN-0524N3-74261-42C-2Y7L Fair1973 Asus 32" LCD Monitor PB328 2019 HDMI, VGA, AND DP Monitor K5LMQS076604 Fair1974 Dell 24" LCD Monitor E2416HM 2016 VGA AND DP Monitor G7G3J92 Fair1976 Conference Phone Konftel 200Wx Rechargeable conference phone,
Includes Charging Base/Does not
charge properly 71A8270010 Poor
1977 Conference Phone Konftel 200Wx
Rechargeable conference phone,
Includes Charging Base/Does not
charge properly 71H8030074 Poor
305
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1978
Handset Coverage
Extender RTX 9430 Base Station RTX9430
Includes Power cable/no other known
paired devices included 154900354 Unknown
1979
Handset Coverage
Extender RTX 9430 Base Station RTX9430
Includes Power cable/no other known
paired devices included 1549000260 Unknown
1980 ViewSonic 20" Monitor VA2055SM
2018 VGA monitor, Cosmetic
damage/missing power cord UD2181160408 Poor
1981 ViewSonic 20" Monitor VA2055SM
2018 VGA monitor, Cosmetic
damage/missing power cord UD2180860319 Poor
1982 Outdoor Access Point Ruckus 7782-S Wireless Access Point, No AC Cable 391474902614 Poor 306
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 1983 Outdoor Access Point Ruckus 7782-S Wireless Access Point, No AC Cable 291404002S93 Poor1984 Mesh System Unifi AC Mesh Pro Wireless Mesh System (4 devices), 5
device system is missing one device NA (4 devices) NA
2012
15" x 15" 8-in-1 Heat
Press Swing Design
Swing Design 15" x 15" Swing Away 8-
in-1 Heat Press - Navy color. Includes
power cord, large 15x15 press, 4
presses for glasses, cups and tumbles,
a hat press, two disk press
attachments N/A Fair
2014 SLA Resin 3D Printer Elegoo
Elegoo Saturn 2 10inch 8K Mono LCD,
Includes power cord, USB Air Purifier,
Build Plate, U Disk, Resin tank, Hex
wrench S21235V0892 Fair
2015 File Cabinet The Hon Company Tan file cabinet Z948QB GRRG 307
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 2016 File Cabinet The Hon Company Tan file cabinet ZX680B *RRG 2020 Sit/Stand Desk Converter Rocelco 37.5" Height Adjustable - gas spring N/A ([FHOOHQW 2021 Sit/Stand Desk Converter Rocelco
40" Height Adjustable w/ 4AC+2USB
outlets N/A ([FHOOHQW
2022 Sit/Stand Desk Converter Amer Mounts 37.5" Height Adjustable - gas spring N/A ([FHOOHQW2023 Personal Fan Room Essentials Approx. 8", Clip-On, White N/A *RRG 308
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 2024 Monitor Desk Shelf Unknown
60cm x 40cm x 6cm, Solid Wood,
Black N/A ([FHOOHQW
2025 Seat Cushion Unknown
18" x 16", Foam Wedge, Removal
Cover, Black N/A *RRG
2026 Back Support Foot Smart Black, Adjustable Resistance, Black N/A *RRG2027 Seat Cushion Ajuvia - PilateSeat Professional Office Cushion for Back
Pain Relief, Black N/A *RRG
2028 Exercise Ball Theraband Proseries, 85cm/33in, Silver N/A *RRG 309
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 2029 Exercise Ball Theraband Proseries, 65cm/26in, Green N/A *RRG 2030 Fatigue Mat VariDesk Vari ActiveMat, 90cm x 60cm, Black N/A *RRG2031 Fatigue Mat VariDesk Vari ActiveMat, 90cm x 60cm, Black N/A *RRG2032 Stair Stepper Gym
Equipment Life Fitness Working N/A Good
2033 Rower Gym Equipment Life Fitness Does Not Work Well N/A Fair 310
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Inventory
Number Item Picture Model/Brand Description Serial number Condition 2034 Elliptical Gym Equipment Precor Working N/A Good
311
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Inventory
Number Item Type Picture Model/Brand/Description Serial number Condition City ID or License Number Operational Value if "Good"
Condition Minimum Bid
V-1 Motorcycle 2016 BMW R1200RTP WB10A1305GZ194008 POOR 3003069 Running $7,250 - per Kelly Blue Book $2,500
V-2 Motorcycle 2019 BMW R1250RTP WB10J6305KZG34169 POOR 3011064 Running $8,880 - per Kelly Blue Book $2,500
ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: July 21, 2026

STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2026

RECOMMENDATION
Receive and file revenue and expenditure report dated April 30, 2026.

EXECUTIVE SUMMARY
• The report summarizes the City’s year-to-date (YTD) and month-to-date (MTD) revenues and expenditures for April 2026 (Attachment 1).
• These reports are also reviewed by the Financial Advisory Commission.

FISCAL IMPACT – None.

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

Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2025 for fiscal year 2025/26.

Current Total Budget – represents original adopted budgets plus any Council approved budget amendments throughout the year, including any carryovers from fiscal year 2024/25.

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

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

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

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

CONSENT CALENDAR ITEM NO. 16
313 CLICK HERE to Return to Agenda
Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipt versus expenditure outlay is funded from the City’s cash flow reserve. Unlike revenues, expenditures are more likely to be consistent from month to month, but can be affected by large debt service payments or CIP expenditures.

Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director/City Treasurer Attachment: 1. Revenue and Expenditure Report for April 30, 2026

MTD YTD

Budget YTD

Budget
General Fund (GF) $6,911,624 $64,128,861 66.33% $59,377,516 67.17% All Funds $8,505,163 $120,991,783 46.59% $97,359,137 44.41%

MTD YTD
YTD Percent of
Budget YTD
YTD Percent of
Budget
General Fund $2,946,491 $65,477,442 47.87% $44,859,189 41.89% Payroll (GF) $954,414 $10,204,803 67.00% $9,588,193 67.86% All Funds $7,364,276 $125,998,789 44.72% $98,918,964 40.74% April 2026 Revenues Comparison to 2025
April 2026 Expenditures Comparison to 2025
General Fund Non-General Fund
Transient Occupancy (Hotel) Tax $ 2,412,987 Allocated Interest $ 673,917 Measure G Sales Tax $ 1,329,694 SilverRock Green Fees $ 328,946 Sales Tax $ 1,088,925 Non-Allocated Interest (Pension Trust) $ 192,860 Property Tax $ 912,251 Gas Tax $ 163,506
Fire Service Credit $ 239,490 Housing Authority Rent Revenue $ 88,244 General Fund Non-General Fund
Sheriff Contract (February) $ 1,241,647 Capital Improvement Program - Construction(1) $ 2,869,518 Visit Greater Palm Springs $ 86,309 SilverRock Maintenance $ 188,896 Parks Landscape Maintenance Contract $ 81,283 Lighting & Landscape Maintenance Contract $ 127,826 Contract Legal Services $ 74,768 Capital Improvement Program - Design(2) $ 112,889 Parks Materials/Supplies $ 69,214 Contract IT Management $ 91,076 Top Five Revenue/Income Sources for April
Top Five Expenditures/Outlays for April
(1)CIP Construction: Fritz Burns Park and Pavement Management Plan (PMP) slurry projects. (2)CIP Design: Maintenance & Operations yard; Civic Center irrigation conversion; Hwy 111 Corridor; retention basins. 314 CLICK HERE to Return to Agenda
City Council Month Revenue Report
Group Summary
For Fiscal: 2025/26 Period Ending: 04/30/2026
Fiscal
Activity
Variance
Favorable
(Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
92,242,254.00 96,677,254.00 6,911,623.91 64,128,860.97 -32,548,393.03 66.33% 172,000.00 5,165,504.00 0.00 88,207.53 -5,077,296.47 1.71% 3,217,705.00 3,217,705.00 163,506.06 2,541,812.99 -675,892.01 78.99% 4,420,000.00 4,420,000.00 615.75 2,150,782.43 -2,269,217.57 48.66% 6,000.00 6,000.00 0.00 3,043.40 -2,956.60 50.72%
160,100.00 314,033.00 0.00 138,248.03 -175,784.97 44.02% 121,000.00 121,000.00 8,333.33 172,140.99 51,140.99 142.27% 3,862,100.00 3,862,100.00 0.00 3,358,812.41 -503,287.59 86.97% 91,000.00 91,000.00 7,748.75 59,356.61 -31,643.39 65.23% 1,900,000.00 1,900,000.00 0.00 1,226,540.88 -673,459.12 64.55% 10,000.00 10,000.00 0.00 7,217.00 -2,783.00 72.17%
5,400.00 5,400.00 0.00 0.00 -5,400.00 0.00%
24,000.00 24,000.00 1,516.00 17,679.55 -6,320.45 73.66% 20,333,000.00 20,333,000.00 147.95 5,156,316.37 -15,176,683.63 25.36% 57,000.00 57,000.00 0.00 31,739.41 -25,260.59 55.68%
12,320.00 12,320.00 0.00 3,145.00 -9,175.00 25.53%
1,666,000.00 1,666,000.00 88,244.26 1,176,169.31 -489,830.69 70.60% 130,000.00 130,000.00 0.00 70,744.32 -59,255.68 54.42%
109,000.00 109,000.00 2,692.21 98,083.31 -10,916.69 89.98% 86,000.00 86,000.00 0.00 71,206.76 -14,793.24 82.80%
579,000.00 579,000.00 16,036.00 598,446.50 19,446.50 103.36% 203,000.00 203,000.00 8,424.00 263,110.15 60,110.15 129.61% 160,000.00 160,000.00 4,920.00 172,560.79 12,560.79 107.85% 30,500.00 30,500.00 1,588.00 44,506.00 14,006.00 145.92% 95,000.00 95,000.00 3,824.00 121,531.54 26,531.54 127.93% 51,000.00 51,000.00 1,476.00 52,988.45 1,988.45 103.90% 47,000.00 47,000.00 1,252.00 38,886.48 -8,113.52 82.74% 181,000.00 181,000.00 3,982.69 140,416.03 -40,583.97 77.58%

0.00 0.00 673,916.60 3,291,017.58 3,291,017.58 0.00%
1,000.00 10,001,000.00 0.00 10,000,000.00 -1,000.00 99.99% 24,293,033.00 96,060,407.98 15,243.02 13,859,114.51 -82,201,293.47 14.43% 1,745,500.00 1,745,500.00 0.00 1,308,926.20 -436,573.80 74.99% 4,195,000.00 4,195,000.00 12,111.57 3,359,668.55 -835,331.45 80.09% 1,035,000.00 1,035,000.00 0.00 799,358.78 -235,641.22 77.23% 1,395,941.00 1,395,941.00 0.00 1,042,542.26 -353,398.74 74.68% 5,470,000.00 5,470,000.00 385,101.09 4,758,490.96 -711,509.04 86.99% 7,000.00 7,000.00 0.00 5,851.04 -1,148.96 83.59%
40,000.00 40,000.00 0.00 150,600.24 110,600.24 376.50%
Fund
101 - GENERAL FUND
105 - DISASTER RECOVERY FUND
201 - GAS TAX FUND
202 - LIBRARY & MUSEUM FUND
203 - PUBLIC SAFETY FUND (MEASURE G)
210 - FEDERAL ASSISTANCE FUND
212 - SLESA (COPS) FUND
215 - LIGHTING & LANDSCAPING FUND
221 - AB 939 - CALRECYCLE FUND
223 - MEASURE A FUND
226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)
227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)
230 - CASp FUND, AB 1379
231 - SUCCESSOR AGCY PA 1 RORF
235 - SO COAST AIR QUALITY FUND
237 - SUCCESSOR AGCY PA 1 ADMIN
241 - HOUSING AUTHORITY
243 - RDA LOW-MOD HOUSING FUND
247 - ECONOMIC DEVELOPMENT FUND
249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)
250 - TRANSPORTATION DIF FUND
251 - PARKS & REC DIF FUND
252 - CIVIC CENTER DIF FUND
253 - LIBRARY DEVELOPMENT DIF
254 - COMMUNITY & CULTURAL CENTERS DIF
257 - FIRE PROTECTION DIF
259 - MAINTENANCE FACILITIES DIF FUND
270 - ART IN PUBLIC PLACES FUND
299 - INTEREST ALLOCATION FUND
310 - LQ FINANCE AUTHORITY DEBT SERVICE
401 - CAPITAL IMPROVEMENT PROGRAMS
501 - FACILITY & FLEET REPLACEMENT
502 - INFORMATION TECHNOLOGY
503 - PARK EQUIP & FACILITY FUND
504 - INSURANCE FUND
601 - SILVERROCK RESORT
760 - SUPPLEMENTAL PENSION PLAN
761 - CERBT OPEB TRUST
762 - PARS PENSION TRUST 200,000.00 200,000.00 192,860.09 483,659.38 283,659.38 241.83% Report Total: 168,353,853.00 259,703,664.98 8,505,163.28 120,991,782.71 -138,711,882.27 46.59%