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2025 05 06 Council CITY COUNCIL AGENDA Page 1 of 8 MAY 6, 2025 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, MAY 6, 2025 3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION Members of the public may listen to this meeting by tuning-in live via www.laquintaca.gov/livemeetings. CALL TO ORDER ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. CONFIRMATION OF AGENDA CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware) CASE NAME: CASE NUMBER SilverRock Development Company, LLC 24-11647 SilverRock Lifestyle Residences, LLC 24-11648 SilverRock Lodging, LLC 24-11650 SilverRock Luxury Residences, LLC 24-11652 SilverRock Phase I, LLC 24-11654 RGC PA 789, LLC 24-11657 City Council agendas and staff reports are available on the City’s web page: www.LaQuintaCA.gov CITY COUNCIL AGENDA Page 2 of 8 MAY 6, 2025 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750) 3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES DEPUTY DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES’ ASSOCIATION RECESS TO CLOSED SESSION RECONVENE AT 4:00 P.M. REPORT ON ACTION(S) TAKEN IN CLOSED SESSION PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda. The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)]. ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS 1.SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE 2. INTRODUCE NEW AND PROMOTED CITY STAFF MEMBERS 3. CERTIFICATES OF RECOGNITION COMMENDING LA QUINTA EMPLOYEES OSVALDO VARGAS VALENCIA, ALFRED BERUMEN, JORGE VIZCARRA, SCOTT HAMILTON AND JOSEPH PALAFOX FOR THEIR DEDICATION AND UNWAVERING SERVICE IN PROVIDING ASSISTANCE TO PRESERVE LIFE AND SAFETY 4. CHILDREN’S DISCOVERY MUSEUM PROGRAM UPDATE BY CHIEF EXECUTIVE OFFICER CINDY BURRESON CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1.APPROVE COUNCIL MEETING MINUTES DATED APRIL 15, 2025 9 CITY COUNCIL AGENDA Page 3 of 8 MAY 6, 2025 2. ADOPT ORDINANCE NO. 622 ON SECOND READING AMENDING SECTIONS 8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET HIGH 21 3. AUTHORIZE OVERNIGHT TRAVEL FOR ONE MAINTENANCE AND OPERATIONS SUPERINTENDENT TO ATTEND THE CALIFORNIA STORMWATER QUALITY ASSOCIATION 2025 ANNUAL CONFERENCE IN PASADENA, CALIFORNIA, SEPTEMBER 14 – 16, 2025 29 4. APPROVE PURCHASE OF (1) WATER PLAY STRUCTURE AND EQUIPMENT FROM VORTEX AQUATIC STRUCTURES INTERNATIONAL; (2) SHADE STRUCTURES FROM ICON SHELTER SYSTEMS, INC; AND (3) SEATS, BENCHES, TABLES, AND BIKE STAND FROM SPRUCE AND GANDER, INC FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 31 5. ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON TAX ROLLS FOR FISCAL YEAR 2025/26 [RESOLUTION NO. 2025-011] 49 6. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2025/26 65 7. APPROVE ALPHA MEDIA MARKETING SERVICES FOR FISCAL YEAR 2025/26 75 8. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TRITON TECHNOLOGY SOLUTIONS, INC FOR ANNUAL SUBSCRIPTIONS, MAINTENANCE AND SUPPORT SERVICES FOR CABLECAST TECHNOLOGY SYSTEM TO RECORD, STREAM, AND ARCHIVE PUBLIC MEETINGS VIDEOS 81 9. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH MULLHOLLAND CONSULTING, INC FOR MISCELLANEOUS RETENTION BASIN IMPROVEMENTS PROJECT NO. 2023-35 FOR EVALUATION AND DESIGN SERVICES 115 10. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH RY+AO AND AUTHORIZE ALL PHASES TO PROVIDE THE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE FOR X-PARK BUILDING AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-08 153 11. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05 195 12. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT LIMNOLOGISTS DBA SOUTHWEST AQUATICS, INC FOR 203 CITY COUNCIL AGENDA Page 4 of 8 MAY 6, 2025 VARIOUS LAKE MAINTENANCE, REPAIR, AND ON-CALL SERVICES; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL LAKE MAINTENANCE AND REPAIR SERVICES 215 245 251 257 263 269 275 13. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VARIABLE SPEED SOLUTIONS, INC FOR MISCELLANEOUS LAKE MAINTENANCE AND REPAIR SERVICES 14. RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH HORIZON LIGHTING, INC FOR CITYWIDE LIGHTING MAINTENANCE SERVICES PROJECT NO. 2023-29 AND ON-CALL SERVICES WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE AND ON- CALL ELECTRICAL SERVICES 15. RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH VINTAGE ASSOCIATES, INC FOR SILVERROCK LANDSCAPE MAINTENANCE PROJECT NO. 2023-31 AND ON-CALL MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE SERVICES 16. RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH DESERT CONCEPTS CONSTRUCTION, INC FOR PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2023-30 AND ON-CALL LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE SERVICES 17. RECEIVE AND FILE CHANGE ORDER NO. 2 TO CONTRACT WITH DESERT CONCEPTS CONSTRUCTION, INC FOR CITYWIDE LANDSCAPE MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 PROJECT NO. 2023-28 AND ON-CALL LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE SERVICES 18. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2025 19. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2025 CITY COUNCIL AGENDA Page 5 of 8 MAY 6, 2025 20. APPROVE DEMAND REGISTERS DATED APRIL 11 AND 18, 2025 281 BUSINESS SESSION PAGE 1. APPROVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES FOR FISCAL YEARS 2025/26 AND 2026/27 299 2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH JNS NEXT FOR MARKETING AND MEDIA SERVICES 313 STUDY SESSION PAGE 1. DISCUSS ADDING CHAPTER 11.46 TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE REGULATING OF UNAUTHORIZED CAMPING WITHIN THE CITY 345 2. DISCUSS ENFORCEMENT OF ANIMAL LEASH REGULATIONS 359 PUBLIC HEARINGS – None DEPARTMENTAL REPORTS PAGE 1. CITY MANAGER 2. CITY ATTORNEY 3. CITY CLERK 4. COMMUNITY SERVICES QUARTERLY REPORT – JANUARY-MARCH 2025 367 5. DESIGN AND DEVELOPMENT 6. FINANCE 7. PUBLIC SAFETY 8. PUBLIC WORKS MAYOR’S AND COUNCIL MEMBERS’ ITEMS REPORTS AND INFORMATIONAL ITEMS 1. CVAG CONSERVATION COMMISSION (Evans) 2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans) 3. CVAG EXECUTIVE COMMITTEE (Evans) 4. VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans) 5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 7. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 8. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 9. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 10. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 11. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 12. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) CITY COUNCIL AGENDA Page 6 of 8 MAY 6, 2025 13. COMMUNITY SERVICE GRANT REVIEW COMMITTEE (Evans & Sanchez) 14. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 15. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez) 16. LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey) 17. LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey) 18. CANNABIS AD HOC COMMITTEE (Peña & Sanchez) 19. CVAG PUBLIC SAFETY COMMITTEE (Peña) 20. CVAG HOMELESSNESS COMMITTEE (Peña) 21. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña) 22. SUNLINE TRANSIT AGENCY (Peña) 23. ART PURCHASE COMMITTEE (Sanchez & McGarrey) 24. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez) 25. CALIFORNIA ASSOCIATION OF LOCAL AGENCY FORMATION COMMISSION (Sanchez) 26. COACHELLA VALLEY ANIMAL CAMPUS COMMISSION (Sanchez) 27. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez) 28. RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION (Sanchez) 29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Sanchez) 31. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez) 32. HOUSING COMMISSION MEETING MINUTES DATED APRIL 16, 2025 373 33. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED APRIL 23, 2025 377 ADJOURNMENT ********************************* The next regular meeting of the City Council will be held on May 20, 2025, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. DECLARATION OF POSTING I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on May 2, 2025. DATED: May 2, 2025 MONIKA RADEVA, City Clerk City of La Quinta, California CITY COUNCIL AGENDA Page 7 of 8 MAY 6, 2025 Public Notices  Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to CityClerkMail@LaQuintaCA.gov, no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported. If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter. VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber CITY COUNCIL AGENDA Page 8 of 8 MAY 6, 2025 resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. *** TELECONFERENCE PROCEDURES*** APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Pursuant to Government Code § 54953(f) [AB 2449, Stats. 2022, Ch. 285, Rubio]. Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public. Only one person at a time may speak by teleconference and only after being recognized by the Mayor. ZOOM LINK: https://us06web.zoom.us/j/86171130130 Meeting ID: 861 7113 0130 Or join by phone: (253) 215 – 8782 Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at CityClerkMail@LaQuintaCA.gov any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request. CITY COUNCIL MINUTES Page 1 of 12 APRIL 15, 2025 CITY COUNCIL MINUTES TUESDAY, APRIL 15, 2025 CALL TO ORDER A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans. PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - none CONFIRMATION OF AGENDA City Manager McMillen said staff is available should Council have any questions or require additional information regarding Consent Calendar Item Nos. 7 and 10 on tonight’s agenda. Councilmember Peña said he will recuse himself and abstain from participating in the discussion and vote on Consent Calendar Item No. 10 related to the plans, specifications, engineer’s estimate and advertisement for bid of the Fritz Burns Park Improvements Project No. 2021-02 due to a potential conflict of interest stemming from the proximity of real property to this project, and requested that the item be pulled for a separate vote. Councilmember McGarrey said she will recuse herself and abstain from participating in the discussion and vote on Consent Calendar Item No. 14 due to a potential conflict of interest stemming from a business relationship, i.e., her employer, Southern California Gas Company, is listed on the Demand Register, and requested that the item be pulled for a separate vote. City Attorney Ihrke said Consent Calendar Item No. 9, related to the Pavement Management Plan Fiscal Year 2024/25 Cove Area Slurry-seal Improvements Project No. 2024-03, includes project locations that are within 500 feet from real property owned by Councilmembers Peña and Sanchez, and Mayor Evans; however, there is no conflict of interest pursuant to regulations of the Fair Political Practices Commission (FPPC), specifically Title 2, Section 18702.2 of the California Code of Regulations regarding the materiality standards for financial interest in real property. Subdivision (d) provides exceptions where “The financial effect of a governmental decision on a parcel of real property in which an official has a financial interest is not material if: (1) The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities.” Mayor Evans said an item entitled “Coachella Music Festival 2025 Weekend 1 – Traffic Impacts Update by Goldenvoice” will be added as Presentation Item No. (A) under CONSENT CALENDAR ITEM NO. 1 99 CITY COUNCIL MINUTES Page 2 of 12 APRIL 15, 2025 “Announcements, Presentations, and Written Communications” section of tonight’s agenda. Council concurred. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware) CASE NAME: CASE NUMBER SilverRock Development Company, LLC 24-11647 SilverRock Lifestyle Residences, LLC 24-11648 SilverRock Lodging, LLC 24-11650 SilverRock Luxury Residences, LLC 24-11652 SilverRock Phase I, LLC 24-11654 RGC PA 789, LLC 24-11657 2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:34 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):  CLOSED SESSION ITEM NO. 1 – no reportable action Council’s authorization remains in place for the City Attorney, in coordination with the City Attorney’s Office and Special Counsel, to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting. 1010 CITY COUNCIL MINUTES Page 3 of 12 APRIL 15, 2025  CLOSED SESSION ITEM NO. 2 – no reportable action Mr. Ihrke noted that a brief summary of the bankruptcy proceedings status for SilverRock Development Company and its affiliates will be provided under the Announcements, Presentations, and Written Communications section of the agenda, as Presentation Item No. 1 PLEDGE OF ALLEGIANCE Mayor Pro Tem McGarrey led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Eileen Lynch, Executive Director, Parkinson’s Resource Organization – noted it is Parkinson’s Awareness Month; provided statistics on the disease; effects on family; local resources available; requested that Council familiarize themselves with the Organization; and requested Council keep the Organization in mind for funding grants. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS >>> Added presentation A. COACHELLA MUSIC FESTIVAL 2025 WEEKEND 1 – TRAFFIC IMPACTS UPDATE BY GOLDENVOICE PRESENTER: George Cunningham, Senior Vice President, Public Safety, Goldenvoice – Apologized for the traffic challenges and impacts experienced by the La Quinta community during Weekend 1 of the 2025 Coachella music festival; and explained the reason for the traffic problems being an unusual increase of attendees arriving early to the camp grounds. Council discussed the maximum camping capacity; vehicle searches; toll booth opening hours; provision of restroom facilities and drinking water to those waiting in vehicles along access routes; roundabout access; traffic patterns; monitoring traffic real-time via cameras, then mitigating; communication via the unified command center; means of communicating to residents and concert-goers from command center; level of Thursday night performer popularity; increasing staff at entry points; CV Sync and California Highway Patrol (CHP) communications; assistance provided by law enforcement; value of the economic impact of the festivals to surrounding communities; appreciation of quick resolutions of some issues; and expectation that this new traffic issue will be resolved prior to Weekend 2 event. 1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE City Attorney Ihrke said on August 5, 2024, SilverRock Development Company LLC and its affiliates (debtors), collectively referred to as “SDC,” voluntarily petitioned for Chapter 11 bankruptcy in U.S. Bankruptcy Court in Delaware; and per Council’s direction and approval, the City retained Special Counsel who has continuously been working with the City Manager and City Attorney throughout these proceedings. Prior Announcements 1111 CITY COUNCIL MINUTES Page 4 of 12 APRIL 15, 2025 regarding the bankruptcy case are available on the City’s website at www.laquintaca.gov/taluslq. Earlier today, April 15, 2025, the U.S. Bankruptcy Court held a hearing on a Motion for Relief from the Automatic Stay, which was continued from March 12, 2025. As previously announced, the “stay” is triggered under federal law when a bankruptcy proceeding is filed and essentially places an immediate “pause” on any actions that might affect the debtors’ property and estate. The Motion for Relief from the Automatic Stay was brought by three subcontractors, specifically White’s Steel, Inc., Rowan Electric, and Gauston Corp., of one of the primary contractors for the project, RD Olson Construction Company. The subcontractors asked for a relief from the stay to pursue their money damages claim for breach of contract against RD Olson, filed in Riverside County Superior Court. RD Olson opposed the motion, arguing that the subcontractors brought claims both to foreclose on their respective mechanics liens that secure unpaid contract claims, as well as for breach of contract, and the claims could not be separated so as to not affect the debtors’ property and estate. The City, the debtors, and other parties also opposed this motion because, even though this motion primarily affected RD Olson and its subcontractors, a relief from the automatic stay would allow these three subcontractors to proceed with their lawsuits, filed in Riverside County Superior Court, which have been consolidated with approximately 30 other lawsuits, including the City’s lawsuit against SDC, all of which have been stayed by the automatic stay under federal bankruptcy law. The City and other parties argued that allowing the relief from the automatic stay would not be in the best interest of the respective parties or consistent with “judicial economy,” or the concept of “one case at a time,” given every court’s limited resources. This is because: (1) there is a bankruptcy court-approved “Bid Procedures” for the eventual disposition of the debtors’ property, which process is underway per previous announcements, and (2) the City, debtors, RD Olson, and presumably multiple other interested parties, that are part of the bankruptcy proceedings, will be required to defend their respective interests if the Riverside County Superior Court proceedings for the three subcontractors move forward, instead of being stayed like the other consolidated cases. Today, April 15, 2025, the U.S. Bankruptcy Court denied the subcontractors’ motion, ruling that the automatic stay, triggered by the debtors’ bankruptcy proceedings, applies and prevents the subcontractors from pursuing their complaints under California law because their complaints are mechanic’s liens cases, and that directly affects the debtors’ property and estate. The bankruptcy court noted that lifting the automatic stay would impermissibly affect all of the consolidated cases in Riverside County Superior Court, thus, in summary, the automatic stay remains in place for all cases. The next Omnibus Hearing date before the U.S. Bankruptcy Court is set for May 15, 2025. 1212 CITY COUNCIL MINUTES Page 5 of 12 APRIL 15, 2025 City Manager McMillen said there continues to be tremendous interest and plenty of inquiries in the project from developers; and the process remains consistent for developers, and they are being referred to the Chief Restructuring Officer (CRO), who is an independent fiduciary responsible for the administration of the debtors’ estate through the bankruptcy case. The CRO then in turn refers interested developers to Jones, Lang, LaSalle (JLL), who is the brokerage firm retained by the CRO to research and market the sale of the debtors’ estate to secure a future developer to complete the project. Mr. McMillen said it is anticipated to start receiving developer proposals for review sometime in May 2025. Mayor Evans reiterated that all up-to-date information pertaining to this project, formerly Talus, now referred to as SilverRock is available on the City’s website at www.laquintaca.gov/taluslq. 2. CV HOUSING FIRST PROGRAM UPDATE BY COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) CHIEF OPERATING OFFICER (COO) ERICA FELCI PRESENTERS: COO Felci and Management Analyst Candice Graff with CVAG provided an overview of CVAG’s homelessness assistance programs and efforts over the last 20 years, including Roy’s (2009 – 2017) operated by Jewish Family Services of the Desert, and CV Housing First program launched in 2017, focused on providing stable housing as a first step, followed by supporting services to help individuals address other challenges, such as employment opportunities, mental health, drug addiction, felony convictions, etc. Ms. Felci presented a summary update on the CV Housing First program objectives, efforts, and successes, including services offered to chronically homeless individuals such as “rapid resolution” and “crisis stabilization;” the “CV-200” program has permanently housed over 200 homeless individuals across the Coachella Valley between 2021 and 2024; challenges to secure housing vouchers, coupled with rising rental costs and scarcity of available units; CVAG is using reserves to fund this program this fiscal year due to continuously rising costs year-over-year; the $100,000 funding contribution from Coachella Valley cities established over a decade ago does not include an escalator; CVAG is discussing increasing its contribution for next fiscal year to $125,000 and building in an escalator, and if approved, the same ask will be presented to all agencies contributing into the program, along with a revised Memorandum of Understanding proposing a multi-year funding request aiming to streamline the process and reduce administrative processing efforts every year to secure program funding. Council discussed grant funding sources; program budget currently at approximately $1.7 million, with Riverside County contributing about $320,000; 8 out of the 9 Coachella Valley cities participating and providing program funding annually (Desert Hot Springs launched its own program in 2024 and withdrew its participation from CV Housing First); the likely need for CVAG to use reserves to fund the program even with the increased contribution request of $125,000; partnerships and collaborations with other regional homelessness assistance providers; applying a regional approach to homelessness is more effective; housing vouchers system process, units availability, market-rate rental allowance; Lift to Rise homelessness assistance program efforts, funding, and collaboration; mental health 1313 CITY COUNCIL MINUTES Page 6 of 12 APRIL 15, 2025 assistance; and exploring the possibility to build housing facilities for the CV Housing First program instead of having to partner with other agencies. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES DATED MARCH 18, 2025 2. APPROVE COUNCIL, BOARDS, COMMISSION, AND COMMITTEES SPECIAL JOINT MEETING MINUTES DATED MARCH 20, 2025 3. APPROVE COUNCIL MEETING MINUTES DATED APRIL 1, 2025 4. ADOPT RESOLUTION TO APPROVE THE CITY’S PROJECT LIST FOR FISCAL YEAR 2025/26 FOR SENATE BILL 1 – ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDING [RESOLUTION NO. 2025-009] 5. APPROVE FISCAL YEAR 2025/26 THROUGH 2028/29 MEASURE A HALF CENT SALES TAX FIVE-YEAR CAPITAL IMPROVEMENT PLAN 6. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH PALMS TO PINES PRINTING FOR PROMOTIONAL AND PRINTING SERVICES 7. >>> Pulled for a separate vote by Mayor Evans APPROVE ADDITIONAL CONTRACT SPENDING AUTHORITY FOR CITY CONTRACTED VENDORS IN FISCAL YEAR 2025/226 FOR ADDITIONAL WORK AND SERVICES OUTSIDE OF THE PROJECTS’ SCOPE OF WORK 8. APPROVE AMENDMENT NO. 4 TO SOFTWARE AS A SERVICE AGREEMENT WITH TYLER TECHNOLOGIES INC FOR ENERGOV PERMITTING AND LICENSING SOFTWARE 9. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2024/25 COVE AREA SLURRY SEAL IMPROVEMENTS PROJECT NO. 2024-03 10. >>> Pulled for a separate vote by Councilmember Peña APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE AND ADVERTISE FOR BID THE FIRTZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 11. APPROVE PURCHASE AND UPLIFT OF A 2025 CHEVROLET 2500 SILVERADO WORK TRUCK FROM PARADISE CHEVROLET CADILLAC 12. AUTHORIZE OVERNIGHT TRAVEL FOR DESIGN AND DEVELOPMENT DEPARTMENT DATA REPORTING SPECIALIST AND HUB MANGER TO ATTEND TYLER CONNECT 2025 ANNUAL CONFERENCE IN SAN ANTONIO, TEXAS, MAY 11-14, 2025 1414 CITY COUNCIL MINUTES Page 7 of 12 APRIL 15, 2025 13. APPROVE DEMAND REGISTERS DATED MARCH 28 AND APRIL 14. >>> Pulled for a separate vote by Mayor Pro Tem McGarrey APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED JANUARY 10, FEBRUARY 7, AND MARCH 7, 2025 CONSENT CALENDAR ITEM NO. 9 City Attorney Ihrke reiterated his announcement under Confirmation of Agenda on Consent Calendar Item No. 9, related to the Pavement Management Plan Fiscal Year 2024/25 Cove Area Slurry-seal Improvements Project No. 2024-03, includes project locations that are within 500 feet from real property owned by Councilmembers Peña and Sanchez, and Mayor Evans; however, there is no conflict of interest pursuant to regulations of the Fair Political Practices Commission (FPPC), specifically Title 2, Section 18702.2 of the California Code of Regulations regarding the materiality standards for financial interest in real property. Subdivision (d) provides exceptions where “The financial effect of a governmental decision on a parcel of real property in which an official has a financial interest is not material if: (1) The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities .” MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item Nos. 1 – 6, 8 – 9, and 11 – 13 as presented, with Item No. 4 adopting Resolution No. 2025-009. Motion passed unanimously. CONSENT CALENDAR ITEM NO. 14 – pulled for a separate vote MAYOR PRO TEM McGARREY RECUSED HERSELF, AND SAID SHE WILL ABSTAIN FROM THE DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 14 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A BUSINESS RELATIONSHIP WITH HER EMPLOYER SOUTHERN CALIFORNIA GAS COMPANY, WHICH IS A PAYEE ON THE DEMAND REGISTER MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item No. 14 as presented. Motion passed: ayes – 4, noes – 0, abstain – 1 (McGarrey), absent – 0. CONSENT CALENDAR ITEM NO. 7 – pulled for a separate vote Maintenance and Operations Superintendent Hansen and Public Works Director/City Engineer McKinney presented the staff report, which is on file at the Clerk’s Office, and provided a summary overview of the types of unanticipated on-call work for which the additional spending authorization is used, which is outside of the scope of a project’s work under each contract. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve Consent Calendar Item No. 7 as presented. Motion passed unanimously. 1515 CITY COUNCIL MINUTES Page 8 of 12 APRIL 15, 2025 CONSENT CALENDAR ITEM NO. 10 – pulled for a separate vote COUNCILMEMBER PEÑA RECUSED HIMSELF, AND SAID HE WILL ABSTAIN FROM THE DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 10 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE PROXIMITY OF HIS REAL PROPERTY TO THE FRITZ BURNS PARK Council discussed the importance of ensuring the improvements are scheduled with the least impact on the community’s use of the park; disseminating proper and effective communication in advance, including the use of quick response (QR) code signs, webpage, patron’s list notifications, etc.; and, anticipated timing to award the bid. Public Works Director/City Engineer McKinney explained the improvements will be carried out in 3 phases: (1) Plaza and Promenade with public art play elements, seating, and shading; expanded playground with new equipment, shade, lighting, and drinking fountains; restroom building; and relocation of the dog park – slated to begin in summer 2025 when the use of these areas is limited due to the high temperatures. Mr. McKinney noted access to the pool and tennis and pickleball courts will be available during the construction of Phase 1 improvements. (2) Parking lot improvements – modified existing parking lot with shade; and installing electric vehicle charging stations – slated to begin in late summer 2025. (3) Pool area improvements – new water playground with wading pool; expanded pool deck with shade and seating; and expanded pool equipment area – slated to begin in the fall 2025 when the weather gets cooler and pool use is limited, and the closure of the pool will be coordinated with the Community Services Department and outside agencies’ programming. MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to approve Consent Calendar Item No. 10 as presented. Motion passed: ayes – 4, noes – 0, abstain – 1 (Peña), absent – 0. BUSINESS SESSION 1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTIONS 8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET IN HEIGHT [ORDINANCE NO. 622] Building Official Ortega presented the staff report, which is on file in the Clerk’s Office. Council discussed different permit requirements for masonry walls versus fences; permits per year for walls over 3 feet (approximately 350); applies to residences increasing heights; and 6-foot maximum height allowed per Zoning Code; and any potential revenue loss from 1616 CITY COUNCIL MINUTES Page 9 of 12 APRIL 15, 2025 issuance of fewer permits will be countered by staff’s ability to redirect attention to more time-sensitive items. MOTION – A motion was made and seconded by Councilmembers McGarrey/Peña to take up Ordinance No. 622 by title and number only and waive further reading amending Sections 8.02.020 and 8.06.020 of the La Quinta Municipal Code to exempt from permit fences not over 7 feet high as presented. Motion passed unanimously. City Clerk Radeva read the following title of Ordinance No. 622 into the record: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET HIGH MOTION – A motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to introduce at first reading Ordinance No. 622 amending Sections 8.02.020 and 8.06.020 of the La Quinta Municipal Code to exempt from permit fences not over 7 feet high as presented. Motion passed unanimously. 2. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE (GCVCC) FOR FISCAL YEAR 2025/26 Marketing Manager Graham presented the staff report, which is on file in the Clerk’s Office. Council discussed placement of the GEM magazine overruns; ongoing delivery issues with the United States Postal Service (USPS), and delivery to apartments, assisted living complexes, etc.; new weekly social networking at local restaurants; membership statistics; recovery on non-renewal by members; business walk locations; GCVCC intern program; monthly variation of the number of pages in GEM; writers of the City pages, and other content; Postmaster response to households’ non-receipt delivery issues, and recourses available; using GCVCC ambassadors as representatives of small businesses; ribbon- cutting scheduling and improvements; car show event timeline, adding a stage, and coordinating event dates with Art-on-Main-Street event in Old Town La Quinta; livestreaming/recording the State-of-the-City event; and means by which other cities are participating. PUBLIC SPEAKER: Brandon Marley, President and CEO with the GCVCC and La Quinta resident – answered various Council questions with regards to memberships, USPS delivery issues, GEM publication, and explained new programs, including internship program, business walks, new weekly social networking events, etc. City Attorney Ihrke recommended that this item be continued and brought back for Council’s consideration at the next Council meeting, on the Consent Calendar, in order to include language in the terms of the proposed Memorandum of Understanding regarding restrictions for use of public funds for election-related activities, and include Exhibit B, detailing the City’s obligations, which was inadvertently omitted from the MOU included in this agenda packet. 1717 CITY COUNCIL MINUTES Page 10 of 12 APRIL 15, 2025 MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to continue consideration of the Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2025/26 until the May 6, 2025, Council meeting to address the City Attorney’s comments listed in the above paragraph. Motion passed unanimously. MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:17 P.M. MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:27 P.M. WITH ALL MEMBERS PRESENT PUBLIC HEARINGS – taken out of Agenda order 1. ADOPT RESOLUTION TO APPROVE LANDMARK DESIGNATION 2025-0001 FOR A SINGLE-FAMILY RESIDENCE LOCATED AT THE NORTHWEST CORNER OF AVENIDA DIAZ AND AVENIDA MONTEZUMA; CEQA: THE DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15301, CLASS 1 EXISTING FACILITIES; LOCATION: 51495 AVENIDA DIAZ [RESOLUTION NO. 2025-010] Design and Development Director Castro presented the staff report, which is on file in the Clerk’s Office. MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:36 P.M. Councilmembers announced they toured the site. APPLICANT: Robert Lindemann, La Quinta – applicant/owner of the residence; explained his unique property, and reasons for seeking designation. MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:38 P.M. MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to adopt Resolution No. 2025-010 approving Landmark Designation 2025-0001 for a single family residence located at 51495 Avenida Diaz; and find the project is exempt from environmental review pursuant California Environmental Quality Act Section 15301, Class 1 (existing facilities) as presented as presented: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A LANDMARK DESIGNATION FOR 51495 AVENIDA DIAZ, LOCATED AT THE NORTHEAST CORNER OF AVENIDA DIAZ AND AVENIDA MONTEZUMA CASE NUMBER: LANDMARK DESIGNATION 2025-0001 APPLICANTS: ROBERT LINDEMANN AN DULLA LEMBORN Motion passed unanimously. 1818 CITY COUNCIL MINUTES Page 11 of 12 APRIL 15, 2025 BUSINESS SESSION – Continued 3. APPROVE CIVIC CENTER CAMPUS LAKE MAINTENANCE AND AUTHORIZE SPENDING FOR RELATED EXPENSES WITH SOUTHWEST AQUATICS, INC AND VARIABLE SPEED SOLUTIONS, INC IN FISCAL YEAR 2024/25 Maintenance and Operations Superintendent Hansen presented the staff report, which is on file in the Clerk’s Office. Council discussed replacement check of the second pump; means of removing the sediment; placement of information board on construction fencing; public education campaign regarding the harm to turtles and other wildlife placed in the lake as well as the financial burden to City taxpayers; clarification on project costs, and on-call services and costs; timing of the second pump assessment; scheduling work around prom and graduation photo season; use of back-up/temporary pumps if needed; and importance of proactive and clear public communication. MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Civic Center Lake maintenance and authorize spending for related expenses with Southwest Aquatics, Inc. and Variable Speed Solutions, Inc. up to $170,000 in fiscal year 2024/25, and move the project start date from April 28, 2025, to May 19, 2025. Motion passed unanimously. STUDY SESSION – None DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office. 3. CITY CLERK – UPDATE ON RESOLUTION NO. 2025-001 AUTHORIZING TEMPORARY CONDITIONS RELATED TO THE SHORT-TERM VACATION RENTAL PROGRAM City Clerk Radeva presented the departmental report, which is on file in the Clerk’s Office, and noted Resolution No. 2025-001 will sunset on April 21, 2025, pursuant to its own terms. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Mayor Evans reported on her, and other Councilmembers’ attendance at Veteran’s Expo; Bunker Bar mixer; Indian Wells State-of-the-City; Fine Food Telethon; California Society of Municipal Financial Officers (CSFMO) Coachella Valley Chapter Meeting panel; Riverside County Crime Victims’ Rights vigil; Chamber of Commerce ribbon-cutting; and Jocelyn Fashion Show. Councilmember Fitzpatrick reported on her and other Councilmembers’ attendance at the Fly Over LQ: A Kite Experience at SilverRock Park; and X-park BMX grant. 1919 CITY COUNCIL MINUTES Page 12 of 12 APRIL 15, 2025 REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2025, Mayor Evans reported on her participation in the following organizations’ meetings:  CVAG COACHELLA VALLEY CONSERVATION COMMISSION  CVAG ENERGY AND SUSTAINABILITY COMMITTEE  VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2025, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:  CVAG TRANSPORTATION COMMITTEE  RIVERSIDE COUNTY TRANSPORTATION COMMISSION La Quinta’s representative for 2025, Mayor Pro Tem McGarrey reported on her participation in the following organization’s meeting:  LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE, RIVERSIDE COUNTY DIVISION La Quinta’s representative for 2025, Councilmember Sanchez reported on his participation in the following organizations’ meetings:  RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION  RIVERSIDE COUNTY ANIMAL CAMPUS COMMISSION ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Peña/Fitzpatrick to adjourn at 7:41 p.m. Motion passed unanimously. Respectfully submitted, MONIKA RADEVA, City Clerk City of La Quinta, California 2020 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: ADOPT ORDINANCE NO. 622 ON SECOND READING AMENDING SECTIONS 8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET HIGH RECOMMENDATION Adopt Ordinance No. 622 on second reading amending Sections 8.02.020 and 8.06.020 of Title 8 of the La Quinta Municipal Code exempting from permit fences not over 7 feet high. EXECUTIVE SUMMARY •On April 15, 2025, Council introduced Ordinance No. 622 for first reading amending Sections 8.02.020 and 8.06.020 of the La Quinta Municipal Code (LQMC) amending the permit exemption for fences from 3 feet to 7 feet and under in height, measured from finished grade, consistent with the California Building Standards Commission (CBSC). •If adopted on second reading, Ordinance No. 622 will go into effect 30 days after adoption, or on June 5, 2025. FISCAL IMPACT – None. BACKGROUND/ANALYSIS On April 15, 2025, Council introduced for first reading Ordinance No. 622 proposing amendments to Sections 8.02.020 and 8.06.020 of Title 8 of the LQMC to exempt fences 7 feet and under in height from a building permit. A building permit would still be required for non-retaining masonry walls over 3 feet in height measured from finished grade, and Planning review would continue to ensure that location, height, design and materials are in compliance with standards of the zoning code. The proposed amendments will streamline and expedite the permit process and remain consistent with CBSC. If adopted on second reading, Ordinance No. 622 will go into effect 30 days after adoption, or on June 5, 2025. CONSENT CALENDAR ITEM NO. 2 21 ALTERNATIVES As Council approved Ordinance No. 622 at first reading, staff does not recommend an alternative. Prepared by: Oscar Mojica, Deputy City Clerk Approved by: Monika Radeva, City Clerk 22 ORDINANCE NO. 622 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET HIGH WHEREAS, California Health & Safety Code Section 17958 and 18941.5 mandates that the City of La Quinta adopt ordinances or regulations imposing the requirements of certain uniform industry codes adopted by the State pursuant to Health & Safety Code Section 17922; and WHEREAS, the State of California has adopted the 2022 editions of the California Administrative Code, California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Historical Building Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, and the California Referenced Standards Code, known collectively as the California Building Standards Code, and comprising Title 24 of the California Code of Regulations; and WHEREAS, the California Building Standards Code establishes minimum standards to regulate the construction of buildings throughout the State; and WHEREAS, California Health & Safety Code Section 17958.5 permits the City of La Quinta to make such changes and modifications to the California Building Standards Code as are reasonably necessary because of local conditions; and WHEREAS, the Building Official, and the Design and Development Director, have recommended that changes be made to the adoption of the California Building and Residential Codes to remove the local amendment and return the work exempt from permit to the model code criteria of fences not over 7 feet high and clarify a permit is still required for masonry/concrete walls over 3 feet in height measured from finished grade. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. Sections 8.02.020 and 8.06.020 of Title 8 of the La Quinta Municipal Code shall be amended as written in "Exhibit A" attached hereto. SECTION 2. As recommended by the Building Official, and the Design and Development Director, the previously adopted local amendment to work exempt from permit is no longer reasonably necessary. SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. 23 Ordinance No. 622 Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025 Page 2 of 6 SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least two public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta. SECTION 5. CORRECTIVE AMENDMENTS: That the City Council does hereby grant the City Clerk the ability to make minor amendments to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 6. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of May 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California 24 Ordinance No. 622 Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025 Page 3 of 6 ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 25 Ordinance No. 622 Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025 Page 4 of 6 8.02.020 Work exempt from permit. Subsection 105.2 of Section 105 of the California Building Code is amended by deleting the subheading "Building" and its listed items 1 through 13 and replacing them with the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet (11 m 2 ). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit. 2. Fences not over 7 feet (2134 mm) high and non-retaining masonry walls not over 3 feet (914 mm) in height measured from finished grade. 3. Oil derricks. 4. Retaining walls that are not over 2 feet (609 mm) in height measured from finished grade to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1. 6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Temporary motion picture, television and theater stage sets and scenery. 9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings and other playground equipment accessory to detached one- and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. 13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height. (Ord. 604 § 4, Exh. A(3), 2022; Ord. 581 § 4, 2019; Ord. 551 § 4, 2016; Ord. 517 § 4, 2013; Ord. 483 § 2, 2010; Ord. 447 § 2, 2007; Ord. 376 Exh. A(3), 2002; Ord. 330 Exh. A(5), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985) EXHIBIT A 26 Ordinance No. 622 Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025 Page 5 of 6 8.06.020 Work exempt from permit. Subsection R105.2 of Section 105 of the California Residential Code is amended by deleting the subheading "Building" and its listed items 1 through 10 and replacing them with the following: Building: 1. Other than storm shelters, One-story detached accessory structures, provided the floor area does not exceed 120 square feet (11.15 m2 ). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit. 2. Fences not over 7 feet (2134 mm) high and non-retaining masonry walls not over 3 feet (914 mm) in height measured from finished grade. 3. Retaining walls that are not over 2 feet (609 mm) in height measured from finished grade, unless supporting a surcharge. 4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks and driveways. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 m 2 ) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling, and do not serve the exit door required by Section R311.4. All such structures must comply with the setback and height requirements of the La Quinta Municipal Code, as applicable. Unless otherwise exempted, separate plumbing, electrical, and mechanical permits are required for the above-exempted items. (Ord. 604 § 4, Exh. A(14), 2022; Ord. 581 § 4, 2019; Ord. 551 § 4, 2016; Ord. 517 § 4, 2013) 27 Ordinance No. 622 Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025 Page 6 of 6 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 622 which was introduced at a regular meeting on the 15th day of April 2025, and was adopted at a regular meeting held on the 6th day of May 2025, not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-27. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 7th of May 2025, pursuant to Council Resolution 2022-027. _______________________ MONIKA RADEVA, City Clerk City of La Quinta, California 28 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR ONE MAINTENANCE AND OPERATIONS SUPERINTENDENT TO ATTEND THE CALIFORNIA STORMWATER QUALITY ASSOCIATION 2025 ANNUAL CONFERENCE IN PASADENA, CALIFORNIA, SEPTEMBER 14 – 16, 2025 RECOMMENDATION Authorize overnight travel for one Maintenance and Operations Superintendent to attend the California Stormwater Quality Association 2025 Annual Conference in Pasadena, California, September 14-16, 2025. EXECUTIVE SUMMARY The California Stormwater Quality Association (CASQA) Annual Conference is geared toward Stormwater Public Works decision makers and offers in-depth training and discussion on a variety of stormwater-related issues. Participants will gain a better understanding of the tools and resources required and can network with staff and colleagues. The conference will feature thematic technical presentations, panel discussions, and training workshops, organized into multiple concurrent tracks over three days, presented by leading stormwater practitioners. FISCAL IMPACT Estimated expenses are $2,500 which includes lodging, registration, travel, and meals for one attendee. Funds are available in the fiscal year 2024/25 and 2025/26 Streets – Traffic Travel and Training budget (Account no. 101-7003-60320). BACKGROUND/ANALYSIS The CASQA Annual Conference offers a unique opportunity to interact with leading members of the stormwater community and practitioners for multiple days of in-depth training, discussions, and exhibits addressing a wide range of challenges and opportunities facing stormwater professionals in California. CONSENT CALENDAR ITEM NO. 3 29 The Maintenance and Operations Superintendent maintains city roads and storm drain inlets and outlets. This conference will provide additional resources and training to strengthen knowledge in best practices for maintenance. ALTERNATIVES Council may choose not to authorize this request; however, since this will provide further information and training, Staff does not recommend this alternative. Prepared by: David Eastlick, Maintenance & Operations Superintendent Approved by: Tony Ulloa, Public Works Deputy Director 30 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE PURCHASE OF (1) WATER PLAY STRUCTURE AND EQUIPMENT FROM VORTEX AQUATIC STRUCTURES INTERNATIONAL; (2) SHADE STRUCTURES FROM ICON SHELTER SYSTEMS, INC; AND (3) SEATS, BENCHES, TABLES, AND BIKE STAND FROM SPRUCE AND GANDER, INC FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 RECOMMENDATION Approve purchase of (1) water play structure and equipment from Vortex Aquatic Structures International; (2) shade structures from ICON Shelter Systems, Inc.; and (3) seats, benches, tables, and bike stand from Spruce and Gander, Inc. for the Fritz Burns Park Improvements Project no. 2021-02; and authorize the City Manager to sign related documents to complete the purchases. EXECUTIVE SUMMARY •Vortex Aquatic Structures International (Vortex), ICON Shelter Systems, Inc. (ICON), and Spruce and Gander, Inc. (S&G) are subconsultants to In-Site Landscape Architecture, Inc. (In-Site) who provides Master Planning Services for the Fritz Burns Park Improvements Project. •Purchasing directly from the manufacturers, Vortex, ICON, and S&G, is most cost efficient. •The proposed purchase from Vortex includes the water play structure, equipment, and installation materials. •The proposed purchase from S&G includes custom seats, tables, benches, and bike stand. •The proposed purchase from ICON includes the shade structures. FISCAL IMPACT The cost to purchase the water play structure is $201,938 (Attachment 1). The cost for the seats, tables, benches, and bike stand is $395,667 (Attachment 3). The cost for the shade structures is $458,938 (Attachment 5). The Capital Improvement Program (CIP) includes funding for this project in the amount of $8,350,000. There is sufficient funding in the project budget (2021-02) for these purchases as detailed in the table below, and funding for the direct purchases is being pulled from the Construction budget: CONSENT CALENDAR ITEM NO. 4 31 Total Budget* Master Plan/Design $461,340 Project Management $60,000 Construction $6,090,256 Direct Equipment Purchase: $1,969,307 Inspection/Testing/Survey $125,000 Contingency $500,000 TOTAL $9,205,903 *Note: Staff is bidding the project prior to requesting additional funding. BACKGROUND/ANALYSIS In May 2022, following the competitive Requests for Proposals (RFP) procurement process, Council approved an agreement with In-site for master planning services for the Fritz Burns Park Improvements Project No. 2021-02; Vortex, ICON, and S&G are subconsultants to In- Site. In-Site requested that the City pay the cost for purchase of the water play structure, shade structures, and seats, tables, benches, and bike stand directly to Vortex, ICON, and S&G, respectively, instead of through the reimbursement clause in In-Site’s contract which allows for a 10% mark-up. Purchasing of the water play structure, shade structures, and seats, tables, benches, and bike stand directly from the manufacturers will save on construction time and overall costs. ALTERNATIVES Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1.Vortex Quote 2.Vortex Select Source Form 3.S&G Quote 4.S&G Select Source Form 5. ICON Quote 6. ICON Select Source Form Services 32 QUOTE Account Name: City of La Quinta Created Date: 3/26/2025 12:45 PM Project Name: 41414-Fritz Burns Park/LaQuinta/CA Quote Number: QUO-23538-W8H9C0 Project ID: 41414 Quote Name: QT - 41414 Fritz Burns VC Bill To Name: City of La Quinta Bill To Address: 78495 Calle Tampico La Quinta, CA 92253 United States Contact Name: Ubaldo Ayon Phone:760-777-7051 Email:uayon@laquintaca.gov Everette Lathan Email:elathan@vortex-intl.com Prepared By: Elevation L3 304L Steel Grade Twinsplash Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6 Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com Vortex Aquatic Structures International, USA Office 3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com ATTACHMENT 1 33 QUOTE Payment Terms The following terms and conditions (the "Terms and Conditions") form part of the Purchase Contract (the "Purchase Contract) between yourself (the "Customer, and Vortex Aquatic Structures International and/or Vortex USA Inc. ("Vortex"). The Customer's acceptance and understanding of these Terms and Conditions and all other supporting documentation provided as part of this package is evidenced by signing of the Purchase Purchase Contract Terms & Conditions of Sales Terms & Conditions Products Payment Terms: Total Summary Customer Signature: Products:170,200.00 Transport:16,575.00 Subtotal:186,775.00 Tax:15, Total:201, Currency:US Dollar Incoterm: Enquire about our cooperative purchasing programs. Thank you for doing business with us! Pricing is valid for a period of 45 days. Freight Charges Please note: freight charge is an estimate and is subject to change without notice. Vortex reserves the right to adjust the freight charge quoted above. Should embed equipment be required ahead of scheduled delivery date, additional freight charges will apply. Additional Information Special Payment Terms: 100% before shipment Exclusions: Kiddie Racer slide exit barrier shown not included in the base price (optional recommended item). Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6 Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com Vortex Aquatic Structures International, USA Office 3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com 34 QUOTE Service & Support Vortex standard lead times are up to 3-4 weeks for embeds, up to 6-8 weeks for Play Products, up to 10 weeks for Water Recirculation Contract, approved drawings, and all applicable color selections. Expected timing for order completion and shipment will be communicated to Vortex reserves the right to refuse a Customer s delivery date change request if a delivery date confirmation has been previously confirmed/communicated to the Customer. All fees related to the delivery will be the sole responsibility of the Customer and will be borne by them. Storage fees will be charged if the Customer is unable or unwilling to receive the product as per the dates communicated by Vortex. The All products will be packaged to mitigate damage during shipment. All shipments must be inspected upon delivery and any damage, errors or support@vortex-intl.com reserves the right to amend and modify the transportation costs based on the Customer Lead Times & Logistics Unless otherwise specified in the Purchase Contract, payment by the Customer of the purchase price specified in the Purchase Contract (with production on the Customer's order. Any overdue balances are subject to interest charges of 1.5% per month. Unless otherwise specifically stated, all sales taxes or any other personal property taxes, use taxes, duties, excises, levies or tariffs imposed by any government authority and incurred by Vortex through performance of the Purchase Contract will be the Customer's responsibility. Without limiting the generality foregoing, applicable taxes will be applied to all taxable goods arid services included in the Purchase Contract as amended from time to time. Customers are advised to consult with their financial and tax advisors to obtain further information regarding taxes applicable to their purchase. Cheque, Wire Transfer, Irrevocable Letter of Credit or Credit Card (note: an administrative fee of 3.5% may apply to payments made via Except where title to the products contained in the Customer's order is explicitly transferred by Vortex to the Customer and the Purchase Price is paid in full, title to and right to possession of such products shall remain with Vortex until the Purchase Price and all sums due or Should the goods comprising the Customer's order be connected to the ground or real property or buildings because of foundations or Customer when the goods are delivered to the Customer or its agent or to a carrier for delivery to the Customer or its agent, whichever event shall first occur. In the event of where Vortex is suppling and installing goods, risk of loss of the goods shall pass to the Customer Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6 Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com Vortex Aquatic Structures International, USA Office 3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com 35 QUOTE The Customer has reviewed local codes and standards and has accepted the design and product specifications, including custom-designed The Customer agrees to pay on demand all expenses reasonably incurred by Vortex in efforts to collect the amounts owing under the Purchase Contract. The Customer shall pay reasonable legal costs (fees and disbursements), including fees incurred in both trial and appellate courts or Confidentiality: The design details and specifications of the products included in the Customer's order, including without limitation, fabrication drawings, samples, sketches, photographs, foundation drawings, approval drawings, shipping lists, manuals and any other technical details (collectively, the "Confidential Information"} supplied are the property of Vortex and are confidential. The Customer shall not, without prior written consent of Vortex, use the Confidential Information except in connection with the installation and operation of the goods supplied or Limitation of Liability: The aggregate liability of Vortex, its affiliates, and their respective employees, directors, officers, agents and contractors for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery, installation, resale, repair, replacement or use of any product will in no case exceed the actual portion of the Purchase Price paid by the Customer for the Purchase Contract. In no event will the Vortex be liable for special, indirect, or consequential Vortex is not responsible for any damages to the Customer s environment and or landscaping as a result of its products. All modifications and alterations made to Vortex Change Order request. General Terms & Conditions Unless otherwise specified, the following is excluded from Vortex purchase agreement price and responsibility: project management, project coordination, loading and unloading, onsite storage, installation services, permits and permit fees, local, state and or health department codes and approvals, OHSA documentation, onsite electrical work, electrical connections, onsite plumbing work and plumbing connections, bonding payment, geotechnical survey work, excavation & removal of materials, concrete surfacing, slab design and concrete footings. Exclusions Digital versions of operations and maintenance manuals will be provided at the later of either the delivery of the products or completion of the project installation. Vortex is not responsible for coordination the installation project unless otherwise specified in the Contract. The Customer is responsible for coordinating installation schedules with Vortex to ensure that the site is ready for Vortex products and services. Vortex reserves the right to charge the Customer and the Customer agrees to pay for any additional time or idle time on site and all additional expenses incurred as a result of the site not being ready for the planned services. Vortex reserves the right to cancel supervision, installation start-up and commissioning services if Vortex deems the site unsafe or not ready. The Customer is responsible for ensuring a safe working environment for any Vortex or contracted service technicians. Vortex reserves the right to bill the Customer for (and the Customer agrees to pay) any additional time on site as well as any additional expenses incurred as a Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6 Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com Vortex Aquatic Structures International, USA Office 3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com 36 QUOTE Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6 Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com Vortex Aquatic Structures International, USA Office 3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: info@vortex-intl.com Website: vortex-intl.com 37 SELECT/SOLESOURCEJUSTIFICATION Complete responses must be provided for all of the following items. A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW: 1.Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid. Examples of Single/Sole Source procurements include, but are not limited to: Compatibility: The commodity or service matches existing brand of equipment for compatibility. Replacement Part: The item is a replacement part for a specific brand of existing equipment. Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids. 2.What market research was conducted to substantiate no competition, including evaluation of other items considered? Provide a narrative of your efforts to identify other similar goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed. PRICE ANALYSIS: How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison . For example, if the item/service has been purchased in the past, compare historical pricing. Approved By Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or designee with signing authority for these purchases. Select/Sole Sourcepurchases may bemadein a non-competitive manner only when in the best interestoftheCity and when thepriceis consideredreasonable. Attachthis form and other supporting documentsifavailable, tothepurchase Requisition. ATTACHMENT 2 38 ATTACHMENT 3 39 40 41 42 SELECT/SOLESOURCEJUSTIFICATION Complete responses must be provided for all of the following items. A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW: 1.Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid. Examples of Single/Sole Source procurements include, but are not limited to: Compatibility: The commodity or service matches existing brand of equipment for compatibility. Replacement Part: The item is a replacement part for a specific brand of existing equipment. Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids. 2.What market research was conducted to substantiate no competition, including evaluation of other items considered? Provide a narrative of your efforts to identify other similar goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed. PRICE ANALYSIS: How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison . For example, if the item/service has been purchased in the past, compare historical pricing. Approved By Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or designee with signing authority for these purchases. Select/Sole Sourcepurchases may bemadein a non-competitive manner only when in the best interestoftheCity and when thepriceis consideredreasonable. Attachthis form and other supporting documentsifavailable, tothepurchase Requisition. ATTACHMENT 4 43 Line Part # Description Qty Unit Price Net Price 1 10806 AC14X34.75-9K 4 49,900.00 199,600.00 Good Buy Contract Number 24-25 9B000 AC - Arbor (Curved) Width: 14.000 Length: 34.750 Steel (4) Column Design Primary Roof: Straight Steel Slats 9.00' Eave Height Curved Beams Custom Steel Slat Size ECoat/Powdercoat Included ABK Included Preliminary ID: 85920 Powder Coat (4)0.00 Tax Estimate 17,453.00 2 Engineering Engineering - 10806 1 0.00 0.00 3 ABK Anchor Bolt Kit - 10806 4 0.00 0.00 Salesperson: Chad Barry Job Location: Payment Terms: N30 City of La Quinta Attn: Ubaldo Ayon 78-495 Calle Tampico La Quinta, CA 92253 USA Customer: City of La Quinta Attn: Ubaldo Ayon 78-495 Calle Tampico La Quinta CA 92253 Phone: cbarry@uniquerecreationinc.com Fax: Email: QUOTE 30823FQuote Number: Fritz Burns ParkProject Name: 3/28/2025Date Quoted: 5/27/2025Quote Expires: ATTACHMENT 5 44 4 10808 MP24X46.5M-P3 3 46,300.00 138,900.00 Good Buy Contract Number 24-25 9B000 MP - Monoslope Width: 24.000 Length: 46.500 Steel (8) Column Design Primary Roof: 24 ga Pre-Cut Multi-Rib Metal Roof Roof Slope: 3:12 8.00' Eave Height Large Overhang on Front of Shelter ECoat/Powdercoat Included ABK Included Preliminary ID: 83618 Powder Coat (3)0.00 Tax Estimate 12,185.00 5 Engineering Engineering - 10808 1 0.00 0.00 6 ABK Anchor Bolt Kit - 10808 3 0.00 0.00 7 11124 AR14X52-9K 1 66,500.00 66,500.00 Good Buy Contract Number 24-25 9B000 AR - Arbor (Straight) Width: 14.000 Length: 52.000 Steel (8) Column Design Primary Roof: Straight Steel Slats 9.00' Eave Height ECoat/Powdercoat Included ABK Included Preliminary ID: 84808 Powder Coat 0.00 Tax Estimate 5,800.00 8 Engineering Engineering 11124 1 0.00 0.00 9 ABK Anchor Bolt Kit - 11124 1 0.00 0.00 10 PRODPACK Production Package - 10806 1 0.00 0.00 11 PRODPACK Production Package - 10808 1 0.00 0.00 12 PRODPACK Production Package - 11124 1 0.00 0.00 QUOTE 30823FQuote Number: Fritz Burns ParkProject Name: 3/28/2025Date Quoted: 5/27/2025Quote Expires: 45 Total: Freight Charge: Grand Total: 18,500.00 458,938.00 Tax:0.00 Customer Approval Signature 440,438.00 All ICON quotes are subject to change after the quote expiration date, even if the project has been ordered. The quote can be revised until the order has been released into fabrication and assigned a ship date. ICON requires a 50% deposit on projects exceeding $80,000 Quote does not include any state or local sales taxes. Sales tax will be added to the order if required. Defects to the underside of the metal panel including scratching, uneven color, discoloration, wear marks are not covered under Icons warranty. *Icon may issue a credit for the anchor bolts if a customer specified foundation design or anchor system is substituted for Icon's standard Pier or Spread Footing. The credit will be based on Icon's Anchor Bolt cost. QUOTE 30823FQuote Number: Fritz Burns ParkProject Name: 3/28/2025Date Quoted: 5/27/2025Quote Expires: 46 SELECT/SOLESOURCEJUSTIFICATION Complete responses must be provided for all of the following items. A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW: 1.Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid. Examples of Single/Sole Source procurements include, but are not limited to: Compatibility: The commodity or service matches existing brand of equipment for compatibility. Replacement Part: The item is a replacement part for a specific brand of existing equipment. Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids. 2.What market research was conducted to substantiate no competition, including evaluation of other items considered? Provide a narrative of your efforts to identify other similar goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed. PRICE ANALYSIS: How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison . For example, if the item/service has been purchased in the past, compare historical pricing. Approved By Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or designee with signing authority for these purchases. Select/Sole Sourcepurchases may bemadein a non-competitive manner only when in the best interestoftheCity and when thepriceis consideredreasonable. Attachthis form and other supporting documentsifavailable, tothepurchase Requisition. ATTACHMENT 6 47 48 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON TAX ROLLS FOR FISCAL YEAR 2025/26 RECOMMENDATION Adopt a Resolution to request the County of Riverside place collection costs for solid waste handling services for single-family dwellings on the tax rolls for fiscal year 2025/26. EXECUTIVE SUMMARY In 2016, the Governor of California approved Senate Bill 1383 [Stats. 2016, Ch. 395, SB 1383 Lara] (SB 1383) related to short-live climate pollutants, such as black carbon, fluorinated gases, and methane, which included target goals for the reduction in the level of statewide disposal of organic waste in order to reduce methane emissions, which went into effect January 2022 requiring cities to provide organics recycling services to all residents and businesses. In 2022 and 2023, Council approved the Amended and Restated Agreement (Agreement) and subsequent Amendment No. 1 with Burrtec Waste and Recycling Services, LLC (Burrtec) for waste handling, recycling, organics, and household hazardous waste services in the City, which included property tax roll billing for residential customers. On June 4, 2024, Council adopted Resolution No. 2024-021 approving Amendment No. 2 to the Agreement, implementing the procurement of a certain amount of qualifying compost and mulch as required by SB 1383. The County Tax Assessor requires Council to annually adopt a resolution requesting that the cost of solid waste collection services be placed on the residential tax rolls. FISCAL IMPACT - None BACKGROUND/ANALYSIS On May 17, 2022, Council adopted Resolution No. 2022-013, approving the current operative exclusive franchise Agreement with Burrtec for solid waste handling, recycling, CONSENT CALENDAR ITEM NO. 5 49 organics, and household hazardous waste services, which includes property tax roll billing for residential customers. On June 6, 2023, Council adopted Resolution No. 2023-014, approving Amendment No. 1 to the Agreement and amending “Section 8.6.8 Acceptance of Recyclable Materials and Household Hazardous Waste,” which added collection of household hazardous waste. In 2016, the Governor of California approved SB 1383 related to “Short-lived climate pollutants: methane emissions: dairy and livestock: organic waste: landfills, which went into effect January 2022, and required cities to provide organics recycling services to all residents and businesses, and included target goals for the reduction in the level of statewide disposal or organic waste to reduce methane emissions. On June 4, 2024, Council adopted Resolution No. 2024-021, approving Amendment No. 2 to the Agreement which amended “Section 8.18 Provision for Recovered Organic Waste Product” and implemented the procurement of a certain amount of qualifying compost and mulch as required by SB 1383, assisting the City with ensuring compliance with this State mandate. Burrtec is able to maintain lower rates during the Agreement term and reduce the impact of added costs from the mandatory implementation of SB 1383. The City’s Agreement with Burrtec stipulates that the costs of solid waste collection, handling, and street sweeping services for single-family dwellings will be collected through tax rolls. Section 24 of the Agreement specifies that Burrtec can adjust the rates per the Consumer Price Index annually and pass along any increases from the Transfer Station. The table below details the proposed rates for fiscal year 2025/26 (Attachment 1). These service costs are not subject to Proposition 218 (which provides that all taxes and most charges are subject to voter approval) because the rates are reasonably related to the cost of services provided. Single-Family Dwelling 2024/25 Rate (existing) 2025/26 Rate (proposed) Service Component* $18.42/month $19.61/month Disposal Component $7.36/month $7.67/month AB 939 Fee $0.10/month $0.10/month Total Rate $25.88/month $310.56/year $27.38/month $328.56/year Additional Residential Services 2024/25 Rate (existing) 2025/26 Rate (proposed) Additional Refuse Cart $9.16/month $109.92/year $9.39/month $112.68/year 50 Backyard Service for 3 containers $16.31/month $195.72/year $16.72/month $200.64/year Backyard Service additional container $3.22/month $38.64/year $3.30/month $39.60/year PGA 2nd Pick-up Day $16.74/month $200.64/year $17.23/month $206.76/year Surcharge for Homeowners Association desiring Monday service 10% of Service Component 10% of Service Component *Service Component increase is comprised of – $0.37 CPI adjustment; $0.80 phasing in SB 1383; $0.02 household hazardous waste fee. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Gil Villalpando, Director of Business Unit and Housing Development Approved by: Jon McMillen, City Manager Attachment: 1. Waste Handling Service Rates – effective July 1, 2025 51 RESOLUTION NO. 2025 – 0XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION OF COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE- FAMILY DWELLINGS ON THE TAX ROLLS WHEREAS, the La Quinta City Council wishes to ensure the uniform collection of rates for solid waste handling services at single-family dwellings and place collection thereof on the County of Riverside Tax Assessor’s Tax Rolls; and WHEREAS, the attached “Exhibit A” sets forth the maximum rates that may be collected for solid waste handling services at single-family dwellings in the City of La Quinta pursuant to a franchise agreement with an Effective Date of July 1, 2022, entitled “Amended and Restated Agreement Between The City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services” (Agreement), as amended by that certain Amendment No. 1 to the Agreement, dated July 1, 2023, and Amendment No. 2 to the Agreement, dated July 1, 2024; and WHEREAS, the City of La Quinta has determined that applicable provisions, if any, of Proposition 218 (Articles XIII C and XIII D of the California Constitution) have been satisfied in connection with the matters addressed by the Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. The City Council hereby requests the Riverside County Tax Assessor to place collection of costs for solid waste handling services at single-family dwellings in the City on the County’s tax rolls as set forth by “Exhibit A,” attached hereto and incorporated by this reference. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of May 2025 by the following vote: AYES: NOES: ABSENT: ABSTAIN: 52 Resolution No. 2025 – 0XX Residential Waste Fee Schedule on Tax Roll for Fiscal Year 2025/26 Adopted: May 6, 2025 Page 2 of 3 ________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 53 Resolution No. 2025 – 0XX Residential Waste Fee Schedule on Tax Roll for Fiscal Year 2025/26 Adopted: May 6, 2025 Page 3 of 3 EXHIBIT A 54 ATTACHMENT 1 55 56 57 58 59 60 61 62 63 64 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2025/26 RECOMMENDATION Approve a Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2025/26; and authorize the City Manager to execute the document. EXECUTIVE SUMMARY Since 1991 the City has partnered with the La Quinta Chamber of Commerce or the Greater Coachella Valley Chamber of Commerce (Chamber) to support business development, retention, and tourism. The Chamber provides professional promotional services for City sponsored events, business engagement, and the publication of The Gem magazine, which is distributed monthly to residents in La Quinta both printed and digitally. The proposed Memorandum of Understanding (MOU) (Attachment 1) is for a 1-year term from July 1, 2025, through June 30, 2026, for a total of $177,399. FISCAL IMPACT Funds will be allocated for Chamber services in the Marketing & Tourism Promotions account (101-3007-60461) and from AB 939 Recycling Solutions accounts (221-0000- 60127) for fiscal year (FY) 2025/26. The fiscal impact is as follows: Chamber Services FY 2025/26 State of the City $ 22,500 Hot Rod & Custom Car Show $ 12,750 Business Engagement $ 8,000 The Gem Publication $133,089 The Gem Digital Version $ 1,000 TOTAL $177,339 Allocation of funds is as follows: Marketing & Tourism Promotions account (101-3007-60461) = $153,339 o Options would be allocated under Marketing & Tourism account AB 939 Recycling Solutions account (221-0000-60127) = $24,000 CONSENT CALENDAR ITEM NO. 6 65 BACKGROUND/ANALYSIS The City and the Chamber have a long-standing partnership, since 1991, to support business development, retention, and tourism. The Chamber provides professional promotional services for City sponsored events, business engagement, and the publication of The Gem magazine, which is distributed monthly to residents in La Quinta both printed and digitally. The proposed MOU outlines the events and services for FY 2025/26 as follows: 1.The Gem magazine – includes exclusive City content and educational material related to Senate Bill 1383 (Stats. 2016, CH. 395, Lara) related to organics recycling regulation. The City reserves the option to purchase ad space with exclusive pricing as outlined in the MOU. 2. State of the City event – staged by the Chamber and designed by City staff which includes presentations by Mayor and Council of City progress and on-going development efforts, presentation of business awards agreed upon by both the City and Chamber. 3. Title sponsorship of the annual Hot Rod & Custom Car Show – includes 80-150 vehicle entries, 8-25 food/retail vendors and alcohol sales and live entertainment. The City’s title sponsorship includes event materials branding (both print and digital), press release inclusion, and drive market promotion (in San Diego and Orange Counties). 4. Business development and outreach services such as: Ombudsman-like Services Strategic Advertising/Public Relations (PR) Regional Investment Workforce and Business Development Data Collection of City's Businesses Minimum of (10) in-person business connect type meetings per month (2) Business education workshops per year for businesses On April 15, 2025, Council considered the MOU and continued the item to the May 6, 2025, regular meeting as the proposed MOU inadvertently omitted the City’s obligations detailed in Exhibit B of the MOU, and to include language in the MOU terms regarding restrictions for use of public funds for election-related activities. ALTERNATIVES Council may choose to make modifications to the scope of services and/or funding levels. Prepared by: Marcie Graham, Marketing Manager Approved by: Gil Villalpando, Director Attachment: 1. Memorandum of Understanding with the Chamber 66 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND GREATER COACHELLA VALLEY CHAMBER OF COMMERCE This Memorandum of Understanding ("MOU") is made by and between the CITY OF LA QUINTA, a California municipal corporation ("CITY"), and GREATER COACHELLA VALLEY CHAMBER OF COMMERCE ("CHAMBER" and, along with CITY, sometimes referred to as the "parties"), with respect to the following: RECITALS WHEREAS, the CITY, in strategically advancing its interests, requires certain professional promotional services rendered in coordination with the local business community; and WHEREAS, the CHAMBER is qualified by virtue of experience, training, education, product offering, and expertise to provide these services, and has agreed to provide same as reflected herein. NOW THEREFORE, CITY and CHAMBER agree to the following: 1.0 TERM OF MEMORANDUM. 1.1 All recitals set out above are true and correct. 1.2 The Term of this MOU shall be for a period of 1 (one) year commencing on July 1, 2025, through June 30, 2026. This MOU may be terminated at any time by any of the parties to the MOU with a 30 (thirty) day written notice to the remaining party. 2.0 OBLIGATIONS OF THE CHAMBER 2.1 The CHAMBER will provide the services listed on Exhibit A, attached and incorporated (“CHAMBER obligations”). 2.2 Notwithstanding any other provisions in this MOU, the CHAMBER shall not use, nor may the CHAMBER authorize the use of, any funds or other subsidy (of whatever kind) provided by the CITY pursuant to this MOU or any other agreement with the CITY, including but not limited to any funds or other subsidies provided by the CITY for the “CHAMBER obligations” listed in Exhibits A and “CITY obligations” listed in Exhibit B, to advocate to any person or entity (of whatever organization whatsoever, including but not limited to, sole proprietors, unincorporated associations, limited liability companies, corporations, businesses and public agencies) a position or vote either in favor of or against any candidate for an elected office or a measure placed on the ballot for any election, including but not limited to any ballot measure to be voted upon during the statewide general election. It is expressly understood and agreed by the CHAMBER that, pursuant to California law, public resources may not be used to advocate or “mount a campaign” in favor of or against a candidate for elected office or a ballot measure. ATTACHMENT 1 67 2.3 If the CHAMBER uses or is alleged to have used, or authorizes the use of or allegedly authorizes the use of, any funds or any other subsidy (of whatever kind) provided by the CITY in violation of Section 2.2 above, the CHAMBER shall: (a) Immediately cease and desist from continuing the violation or alleged violation of Section 2.2 above, (b) Immediately use other funds or subsidies that are not provided by the CITY to pay for or otherwise subsidize the services rendered that are, were, or alleged to have been in violation of Section 2.2 above, (c) Immediately, without reservation or rights or delay, return to the CITY any and all funds and other subsidies provided by the CITY for the services rendered that are, were, or alleged to have been in violation of Section 2.2 above, and (d) Refrain from performing under this MOU, including but not limited to refraining from performing the “CHAMBER obligations” listed in Exhibits A, unless and until the CHAMBER complies with this Section 2.3 and the CITY authorizes in writing the continuance of performance under this MOU. The CITY shall have no obligation to provide any funds or other subsidies (of whatever kind) under this MOU or any other agreement with the CITY unless and until any violation or alleged violation of Section 2.2 above has been cured as determined by the CITY in its reasonable discretion. The CITY shall have all rights and remedies available at law or in equity, including but not limited to declaratory and injunctive relief, as well as the rights available under this MOU, including but not limited to the indemnity provided in Section 4.0 below, to enforce the provisions herein. In addition to the other provisions in this MOU, this Section and Section 2.2 shall survive the termination or expiration of this MOU. 3.0 OBLIGATIONS OF THE CITY. CITY will provide the services listed on Exhibit B attached and incorporated (“CITY obligations”). 4.0 MUTUAL INDEMNITY AND RELEASE. The CITY and CHAMBER each hereby agree to indemnify, defend, and hold harmless the other party and its officers, employees, agents, and authorized volunteers (collectively, “Indemnitees”) from and against any and all claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively “Claims”) arising out of and/or in any way relating to the indemnifying party's activities in the performance of this MOU, or to the indemnifying party's acts and/or omissions in providing or administering the same, excepting only those Claims arising out of the sole negligence or willful misconduct of the Indemnitees. This MOU is not intended to and specifically does not create joint and several liability. 5.0 INSURANCE. The parties agree to provide insurance in accordance with the provisions of this section. 5.1 CITY'S Insurance Obligation. Without limiting the indemnification provisions provided herein, CITY, at its sole expense, shall obtain and keep in force during the term of this MOU and any extensions thereof, a policy or policies of general liability insurance, or equivalent thereof, covering all injuries to persons and damage to property resulting from any actions or omissions of the CITY in accordance with the terms of this MOU. Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. At the CITY's option, CITY shall be allowed to self- insure the insurance coverage as required above. 68 5.2 CHAMBER'S Insurance Obligation. Without limiting the indemnification provisions provided herein, CHAMBER, at its sole expense, shall obtain and keep in force during the term of this MOU and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property resulting from any actions or omissions of CHAMBER in accordance with the terms of this MOU. The policy or policies evidencing such insurance shall be endorsed to name the CITY, its officials, officers, employees, and agents as additional insured, shall provide that same may not be cancelled or amended without thirty (30) days prior notice to CITY, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of this MOU, and upon renewal of such policies, CHAMBER shall submit to CITY certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect. 6.0 ADDITIONAL PROVISIONS. 6.1 In all cases, the language in all parts of this MOU shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this MOU. 6.2 This MOU contains the entire agreement of the parties with respect to the subject matters identified in this MOU and supersedes any prior oral or written statements or agreements between the parties with respect to the subject matters identified in this MOU. 6.3 No termination or expiration of this MOU shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination or expiration of this MOU. 6.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this MOU, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys' fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys' fees, expenses, and costs incurred in establishing the right to indemnification). 6.5 No waiver of any term or condition of this MOU shall be a continuing waiver thereof. 6.6 This MOU is not intended to and does not create any partnership or joint venture between the parties, and each party remains an independent contractor as to the other. Each party shall bear its own liability and there is no joint and several liability as a result of this MOU. [signatures on following page] 69 IN WITNESS WHEREOF, the parties have executed this MOU as of the dates stated below. CITY OF LA QUINTA, a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: GREATER COACHELLA VALLEY CHAMBER OF COMMERCE BRANDON MARLEY, President Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 70 Exhibit A Page 1 of 2 EXHIBIT A Obligations of CHAMBER The CHAMBER will provide the services at the rates listed below: 1. The Gem Newsletter a. Community Newsletter with circulation by mail to residences and businesses within La Quinta with a monthly frequency and includes digital format and distribution (i.e. email blasts, social media) b. City reserves the option to purchase ad space with exclusive pricing that includes:  (9) Months at: $110,088  36 Pages  Qty. 21,000 & Bulk Mail/Addressing  (3) Months at: $23,001  32 Pages  Qty. 16,000 & EDDM Postage  Digital Version: $1,000 2. State of the City - $22,500 a. Presentation by Mayor and Council of city progress and on-going development efforts. b. Mayor and Council will also present business awards as determined by a process agreed to by both parties. c. Chamber will stage this annual event; City staff will design and approve format and content 3. Annual Hot Rod & Custom Car Show Sponsorship – $12,750 a. Community Event: annual car show at La Quinta Community Park. b. Projected event parameters include:  80-150 vehicle entries;  8-25 food/retail vendors and alcohol sales;  Live entertainment during the event; and  6 perimeter speakers c. City Title Sponsorship, which includes: event materials branding (both print and digital), press release inclusion, and drive market promotion (in San Diego and Orange Counties) 71 Exhibit A Page 2 of 2 Business Development - $8,000 d. Business outreach/services:  Ombudsman-like Services  Strategic Advertising/PR  Regional Investment  Workforce and Business Development  Data Collection of City's Businesses  Minimum of (10) in-person business connect type meetings per month  (2) Business education workshops per year for businesses CHAMBER shall submit monthly invoices to CITY. Such invoices shall be reviewed by a principal member of CHAMBER specifying that the payment requested is for work performed in accordance with the terms of this MOU. CITY will pay CHAMBER for all expenses stated thereon which are approved by CITY and in accordance with this MOU no later than thirty (30) days after invoices are received by the CITY. GRAND TOTAL: $177,339. 72 Exhibit B Page 1 of 1 EXHIBIT B Obligations of CITY The City shall provide all services listed below in-kind only, and no additional fees or charges have been agreed upon or associated with these services. 1. The Gem Publication:  Twelve (12) months where CITY information will be featured  Provide content and articles for six (6) pages at the sole discretion of the CITY  Add monthly GEM publication links to the municipal website (www.laquintaca.gov) and tourism website (www.playinlaquinta.com) 2. State of the City:  City would provide and design concept and theme of program  City would promote and market on social media platforms as well as municipal website and tourism website 3. Annual Hot Rod & Custom Car Show:  Provide promotion as a calendar item on municipal and tourism website and will "share" event on social media platforms 73 74 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE ALPHA MEDIA MARKETING SERVICES FOR FISCAL YEAR 2025/26 RECOMMENDATION Approve Alpha Media marketing services for fiscal year 2025/26; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY Alpha Media is a broadcast company providing media, entertainment, and digital marketing solutions. The City has utilized Alpha Media’s services for radio and digital advertising to educate and inform the community on IRONMAN 70.3 event and to ensure compliance with AB 1383 through Cal Recycle for mandatory education on recycling and composting. FISCAL IMPACT The total not to exceed amount for this agreement for fiscal year (FY) 2025/26 is $86,476 as detailed below. The cost for Alpha Media’s IRONMAN campaign is $26,475. Funds will be budgeted in the FY 2025/26 Community Experiences account 101-3003-60149; costs have remained consistent with the FY 2024/25 campaign. The cost for Alpha Media’s Recycling Education campaign is $60,001, which includes both radio and connected television ads. Funds will be budgeted in FY 2025/26 AB 939 Recycling Solutions account 221-0000-60127. BACKGROUND/ANALYSIS The City has previously contracted with Alpha Media for radio, connected TV, and digital marketing services to inform the community on IRONMAN, as well as recycling education. The proposed agreement will include a full year of services for the recycling and connected tv campaign; as well as continue the IRONMAN event information. CONSENT CALENDAR ITEM NO. 7 75 This campaign will bring the total for the services to $86,476 for fiscal year 2025/26. ALTERNATIVES Council may elect not to expand Alpha Media promotion services. Staff does not recommend an alternative action. Prepared by: Marcie Graham, Marketing Manager Approved by: Gilbert Villalpando, Director of Business Unit & Housing Attachments: 1. Alpha Media IRONMAN Proposal 2. Alpha Media Recycling Radio/OTT Proposal 76 PRESENTED BY Dayna Buompensiero March 19th, 2025 ATTACHMENT 1 IRONMAN Proposal 77 Approved__________________________________________________ Date________ Business_________________Address______________City________State___Zip_____ Start date _______________________ End date ___________________________ Advertiser may cancel this agreement upon 14 days prior notice. Radio Schedule: 09/22 -10/5, 10/13 - 10/26 and 11/10 - 12/7 (Monday - Sunday 7A-8P) ●25 Thirty second commercials per week on 93.7 KCLB ●25 Thirty second commercials per week on 98.5 The Bull ●25 Thirty second commercials per week on 107.3 MOD ●25 Thirty second commercials per week on 106.9 The Eagle ●25 Thirty second commercials per week on U92.7 ●25 Thirty second commercials per week on 103.9 ESPN ●25 Thirty second commercials per week on 94.3 KNWZ ●25 Thirty second commercials per week on Mix 100.5 ●15 Fifteen second PSA’s per week per station reminding people to check the map online for road closures and upcoming date of event ●On air interview Digital Schedule: 09/30 - 12/07 ●Rotating banner ads on all Alpha Media station websites with link to URL and map posted with Iron man route ●Mobile campaign - Mobile to social and targeted display advertising and performance tv (OTT/CTV) ○polygon select gyms, athlete races, other fitness competitions pull a lookback on all locations ○create lookalike audience from captured device ID’s ○Utilize fitness/health & wellness audiences in the Coachella Valley ○Mobile retargeting ○Social strategy - upload captured device ID list into FaceBook and Instagram, reach those individuals through their social profiles ○Target audience on social - fitness junky, ironman, marathons, racing, crossfit, extreme sports, cycling, healthy lifestyle, active lifestyle, etc. ○Place a FaceBook retargeting pixel TOTAL INVESTMENT: $26,475 78 July 1st, 2025 - June 28th, 2026 •You choose the two stations. •160x + 160x Paid thirty second commercials on two radio stations of your choice. •160x + 160x + 160x Bonus thirty second commercials on three additional stations of your choice. •800x Total Digital (OTT) Campaign •Connected Television Ad Delivery including OTT Ad Delivery - 38,512 HH per month Total Annual Contract: $60,001 (Recycling Radio Ads & Digital OTT Ads) Approved____________________________Date____________Start: 07/01/25 End:06/28/26 *Commercials will be scheduled Monday through Sunday 6a-10p. Stations: U92.7, 93.7, 106.9,100.5 and 98.5 ●pricing based on a 4 week month City of La Quinta Recycling Campaign ATTACHMENT 2 Recycling Radio/OTT Education Proposal 79 80 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TRITON TECHNOLOGY SOLUTIONS, INC FOR ANNUAL SUBSCRIPTIONS, MAINTENANCE AND SUPPORT SERVICES FOR CABLECAST TECHNOLOGY SYSTEM TO RECORD, STREAM, AND ARCHIVE PUBLIC MEETINGS VIDEOS RECOMMENDATION Approve Agreement for Contract Services with Triton Technology Solutions, Inc. for annual subscriptions, maintenance and support services for Cablecast technology system to record, stream, and archive public meetings videos; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY The City has video streamed Council meetings since 2015, and began streaming Commission meetings in 2020 due to COVID-19 pandemic. In 2024 the City contracted with Triton Technology Solutions, Inc. (Triton) to implement Cablecast technology system to record, stream, host, and archive public meeting videos, including closed captioning and translation services. The proposed Agreement for Contract Services (Attachment 1) with Triton will provide the necessary annual subscriptions, as well as maintenance and support services related to the Cablecast system. FISCAL IMPACT Estimated costs are $100,000 for the life of the agreement, which includes an initial 5- year term, and an optional 2-year term extension. The total includes a $20,000 contingency for system customizations and improvements, and unanticipated hardware/software replacement, upgrades, or repairs. Annual system subscription costs for hardware, warranty, maintenance and support, repairs, closed captioning and translation service are estimated at $80,000. Funds are available in fiscal year (FY) 2024/25 Maintenance Agreements Account No. 502-0000-60300; future FY expenses will be budgeted in accordance with the agreement. CONSENT CALENDAR ITEM NO. 8 81 BACKGROUND/ANALYSIS In 2015, following a request for proposals (RFP) competitive procurement, the City upgraded the audio and visual (AV) control system in the Council Chamber, which was installed in 1993 when the building was constructed. Following the upgrade, in September 2015, the City contracted with Fisher Integrated, Inc. (Fisher), formerly 12-Miles Out, to provide recording, livestreaming, and archival of Council meetings videos, and related maintenance and support services. In April 2020, the City expanded Fisher’s scope of services to capture all public meetings, including City boards and commissions, to ensure transparency and facilitate virtual public participation required due to the COVID-19 pandemic, which triggered the declaration of statewide and local emergencies in March 2020 and resulted in the temporary closure of public facilities. The City has continued to record, livestream, and archive all public meetings after the reopening of public facilities as citizens have become accustomed to these services, which also offer closed captions in English. The Chamber AV system was upgraded again in 2022 by Triton who was awarded the contract following an RFP in 2021. On February 26, 2024, Fisher provided notification that it will not be renewing its contract with the City upon its expiration on June 30, 2024. Contract costs for the last 5 years of Fisher’s services ranged between $20,000 and $24,000 per year, as costs were dependent on the number of public meetings held. In line with the City’s Purchasing Policy, staff solicited proposals and evaluated several public meeting video service options based on features, accessibility, and cost – AV Capture All, CivicPlus, Cablecast, and two Granicus products. Granicus offered fully outsources solutions, but were most expensive at 40,000 to $60,000 annually. AV Capture All and CivicPlus were more affordable at around $8,000 per year, but required significant in-house staff work, including re-indexing the City’s existing 350+ video archive. Cablecast emerged as the only option offering automated transfer and indexing of the video archive, and full ownership and control ensuring long-term stability and eliminating the need to having to transfer or index it again in the future if the service provider changes. On April 2, 2024, Council approved an agreement with Triton to implement Cablecast which required an authorized reseller, such as an AV company, and also had to be integrated with the City’s AV system in order to allow staff to self-administer these services; the implementation was completed in June 2024, and the system went live in July 2024. 82 Cablecast public meeting video streaming, recording, and archiving services are subscription based, annually, or for a set period of time or hours; and offers closed captions in English and Spanish. The proposed agreement with Triton, for a not to exceed amount of $100,000, will provide Cablecast system subscriptions, hardware, warranty, maintenance and support, repairs, closed captioning and translation services, etc., for a 5-year initial term, effective May 16, 2025, through June 30, 2030, with an optional 2-year extension. Services and pricing details are listed in Exhibit A – Scope of Work to the agreement as follows: CBL-PLATNUM-2 – annual support subscription CBL-REFLECT-PLUS – annual cloud-based storage CBL-REFLECT-PLUS-ADD-TB – additional cloud-based storage at 1-TB (terabyte) CBL-CLOSED CAPTION-1,000 – 1,000-hour block of Cablecast closed captioning service, which offers livestream captioning CBL-CLOSED CPATION-TRANSLATE-1,000 – 1,000-hour block of Cablecast closed captioning translation services, which supports 72 different languages CBL-VIOSTREAM-PRO-HA – annual hardware warranty Cablecast re-occurring annual system costs average $10,000 to $15,000 based on quotes provided for the above listed services. ALTERNATIVES Council may elect not to approve this agreement or approve the agreement with modifications; however, as the City contracts with Triton for AV maintenance and support services, utilizing the same consultant will ensure continuity of services, thus, staff does not recommend these alternatives. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachment: 1. Agreement with Triton for maintenance and support of Cablecast technology for recording, streaming, and archiving videos of public meetings. 83 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 Triton Technology Solutions, Inc., with a place of business at 32234 Paseo Adelanto, Suite E-1, San Juan Capistrano, CA 92675 (“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 Cablecast system hardware, warranty, annual subscriptions, maintenance and support, repairs, closed captioning and translation services for recording, streaming, and archiving videos of public meetings, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. ATTACHMENT 1 84 -2- 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 85 -3- Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Thousand Dollars ($100,000), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this 86 -4- Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 16, 2025, and terminate on June 30, 2030 (“Initial Term”). This agreement may be extended for two (2) additional years upon mutual agreement by both parties (“Extended Term”), and executed in writing. 87 -5- 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) Kristen Tetherton, President Telephone No.: (949) 388 – 3919 Email: Kristen@TritonTech.tv (b) Brian Rose, Chief Technology Officer Telephone No.: (760) 285 – 7759 Email: Brian@TritonTechnologySolutions.com 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 Monika Radeva, City Clerk or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved 88 -6- transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct 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. 89 -7- 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 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 90 -8- enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any 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. 91 -9- 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and 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 92 -10- as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for 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 93 -11- authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder 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. 94 -12- No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: CITY OF LA QUINTA Attn: Monika Radeva, City Clerk 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: Triton Technology Solutions, Inc. Attn: Kristen Tetherton 32234 Paseo Adelanto, Suite E-1 San Juan Capistrano, CA 92675 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 95 -13- 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 96 -14- 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: TRITON TECHONOLOGY SOLUTIONS, INC. Kristen Tetherton, President Dated: __________________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 97 Exhibit A Page 1 of 5 Last revised summer 2017 Exhibit A Scope of Services 1. Services to be Provided: Cablecast system hardware, warranty, annual subscriptions, maintenance and support, repairs, closed captioning and translation services for recording, streaming, and archiving videos of public meetings, including but not limited to: EXPLANATION OF SERVICES CBL-PLATINUM-2 – annual support subscription for 2 I/O systems, which includes after- hours support; overnight loaner shipment; upgrade assistance for software releases; shadow server support; Active Directory Support; and 2 hours of training per year; and premium features only available with Gold or Platinum Assurance. CBL-REFLECT-PLUS – annual cloud-based REFLECTion service with cloud-based storage and delivery operating in conjunction with both Cablecast Live and Cablecast VOD software. Content is pushed to RELECT+ eliminating the need to open a port in the City’s Firewall. Services include full closed captioning text search with video indexing; annual branded OTT and Mobile App renewal fees; 2-TB of storage; serves virtually unlimited number of live and VOD streams over the web, OTT. 98 Exhibit A Page 2 of 5 CBL-REFLECT-PLUS-ADD-TB – additional cloud-based storage at 1-TB (terabyte), beyond the 2-TB automatically provided with the system for Cablecast Reflect Plus. CBL-CLOSED CAPTION-1,000 – 1,000-hour block of Cablecast Closed Captioning Service, which supports live captioning of meetings and events, as well as on-demand captioning of video files. Runs on both Cablecast CIO and FLEX video servers, as well as VIO Stream. Users can input custom vocabularies for increased accuracy. CBL-CLOSED CAPTION-TRANSLATE-1,000 – 1,000-hour block of Cablecast Closed Captioning Translation service, which supports both live and file-based closed captioning translations for broadcast as well as web / mobile / OTT content delivery. In a broadcast environment – English, Spanish, French, Portuguese, Italian, German, and Dutch are supported. For on-demand captioning of video files, which pass through to web / mobile / OTT content, 72 different languages are supported. Must have Cablecast Closed Captioning services enabled. CBL-VIOSTREAM-PRO-HA – annual hardware warranty contract for the CBL- VIOSTREAM-PRO. First 3 years are included with commissioning the system. 1 year warranty was pre-paid when the system was commissioned. Only 1 more year available, for a total of 5 years. 99 Exhibit A Page 3 of 5 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 twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no 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 100 Exhibit A Page 4 of 5 Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Contracting Party shall require the same of all subcontractors. 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 101 Exhibit A Page 5 of 5 site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties. 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. 102 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Thousand Dollars ($100,000) for the life of the agreement, encompassing the Initial and any Extended Terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Total compensation is comprised as follows: (A) $80,000 – estimated annual subscription renewal94s as detailed in Exhibit A for the life of the agreement, encompassing the Initial Term of 5-year, and optional Extended Terms of 2-years. (B) $20,000 contingency for system customizations and improvements, and unanticipated hardware / software replacement, upgrades, or repairs, and/or service costs increases. 103 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Refer to Exhibit A – Scope of Services of this Agreement. 104 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 105 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability $1,000,000 (per occurrence) $2,000,000 (general aggregate) Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. 106 Exhibit E Page 2 of 6 Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep- linking or framing, and infringement or violation of intellectual property rights. 107 Exhibit E Page 3 of 6 e. Liability arising from the failure to render professional services. If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the 108 Exhibit E Page 4 of 6 right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the 109 Exhibit E Page 5 of 6 exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a 110 Exhibit E Page 6 of 6 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. 111 Exhibit F Page 1 of 2 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. 112 Exhibit F Page 2 of 2 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. 113 114 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH MULLHOLLAND CONSULTING, INC FOR MISCELLANEOUS RETENTION BASIN IMPROVEMENTS PROJECT NO. 2023-35 FOR EVALUATION AND DESIGN SERVICES RECOMMENDATION Approve an Agreement for Contract Services with Mullholland Consulting, Inc. for Miscellaneous Retention Basin Improvements Project No. 2023-35 for evaluation and design services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY The Miscellaneous Retention Basin Improvements Project No. 2023-35 (Project) includes 3 retention basins located at the Cactus Flower neighborhood, the Topaz neighborhood, and the X-Park (Attachment 1). In January 2025, staff issued a Request for Proposals (RFP) for evaluation and design services for the Project; 2 proposals were received in February 2025. Proposed is an Agreement for Contract Services (Agreement) with Mullholland Consulting, Inc. (Mullholland) for the Project in an amount not to exceed $146,400 (Attachment 2). FISCAL IMPACT Fiscal year (FY) 2024/25 CIP includes recurring funding in the amount of $477,000 for citywide drainage enhancements. There are sufficient funds in this project budget 401- 0000-60185 2425 DRA for the proposed $146,400 contract with Mullholland. A portion of the remaining budget will be used for construction. BACKGROUND/ANALYSIS In January 2025, staff issued an RFP for evaluation and design services to prepare plans, specifications, and engineer’s estimate to improve the functionality, efficiency, and infiltration at the following 3 retention basins; 2 proposals were received in February 2025: 1) Cactus Flower neighborhood – located at the northeast corner of Buttercup Lane and Goldenrod Circle; CONSENT CALENDAR ITEM NO. 9 115 2) Topaz neighborhood – at the south side of Desert Stream Drive, between desert Fox Drive and Desert Eagle Court; and 3) X-Park – at the south side of Westward Ho Drive, just east of Dune Palms Road The Project includes the evaluation and design of improvements for the 3 separate retention basin locations and aims to enhance the percolation, functionality, and operational efficiency of each basin to mitigate issues with slow drainage and standing water. The retention basins and scope of work included are as follows:  Replace the non-operable and unmaintainable drywell system by evaluating site conditions and designing a new, effective drywell system to ensure proper drainage and long-term maintainability at the Cactus Flower neighborhood retention basin.  Address the slow drainage issues in the Topaz neighborhood retention basin by increasing percolation capacity.  Design a drywell system to improve percolation and address issues with standing water at the X-Park retention basin. Staff recommends approving the proposed agreement with Mullholland in an amount not to exceed $146,400 for the Project. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Agreement with Mullholland 116 *IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS Legend Notes REPORT PRINTED ON...4/5/2019 11:12:16 AM Vicinity Map 2023-35 Misc. Retention Basin Improvements 0 3,0091, 505 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 117 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 Mulholland Consulting, Inc., with a place of business at 7177 Brockton Ave. Suite 448, Riverside, CA 92506 (“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 professional engineering services for project no. 2023-35, Miscellaneous Retention Basin Improvements, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. ATTACHMENT 2 118 -2- 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof). 1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 119 -3- Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern. 2. COMPENSATION. 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Forty-Six Thousand Four Hundred Dollars ($146,400.00), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this 120 -4- Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 7, 2025, and terminate on June 30, 2026 (“Initial Term”). This Agreement may be extended upon mutual agreement by both parties (“Extended Term”), and executed in writing. 121 -5- 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) Brian Nieckula, PE Telephone No.: 951-533-4791 Email: brian.nieckula@consultmullholland.com 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, 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. 122 -6- 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 123 -7- Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with 124 -8- generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all 125 -9- copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 126 -10- of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 127 -11- the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 128 -12- 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: Mullholland Consulting, Inc. Attention: Brian Nieckula, PE 7177 Brockton Ave., Suite 448 Riverside, CA 92506 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 129 -13- 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 130 -14- 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: MULHOLLAND CONSULTING, INC.: Name & Title Dated: __________________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 131 Exhibit A Page 1 of 4 Last revised summer 2017 Exhibit A Scope of Services See Attached 132 ..SCOPE OF SERVICES.. | 15 SCOPE OF SERVICES RFP Tasks The following Tasks were derived from the Request for Proposals (RFP). Task 1. Project Management •Schedule and chair a kickoff meeting with the City to discuss the proposed work plan, special concerns, and clarify design objectives. •Schedule and chair monthly teleconference meetings with the City. •Prepare agendas, sign-in sheets, and minutes for meetings. •Update and maintain Gantt Chart schedules for tracking deliverable progress. •Coordinate internal and external reviews with relevant agencies or stakeholders. •Review plans and deliverables for conformance with applicable codes and regulations. Task 2. As-built Research and Utility Search •Review City’s as-builts and record drawings. •Use Dig Alert’s Design Services tool to obtain a list of the utility agencies present in the project area. •Send utility information requests to all utility companies and request verification of location, size, and depth of facilities within the project limits. •Maintain a log of the utility notifications which include contact numbers, dates of transmittals, etc. •Research available land, property, and survey records to verify existing right of way and survey monuments. •Coordinate any required adjustments or relocations. Task 3. Survey •Digitize existing as-builts as needed. •Prepare base maps using GIS databases. •Schedule and attend a field walk with the Public Works staff to evaluate existing retention basins. •Conduct ground topographic survey if necessary to establish horizontal and vertical control for Improvement Plans. •Complete the work at Prevailing Wages. Task 4. Geotechnical Investigation •Conduct geotechnical investigation in accordance with proposed boring locations shown in Appendix E. •Complete the work at Prevailing Wages. •Prepare a report for each location. Task 5. Hydrology •Use Rational Method to approximate stormwater flows within the contributing watersheds to understand contributing flows to each basin. Task 6. Pre-design Report •Prepare up to three concepts for improvements at each location with an associated construction cost estimate. •Rank feasibility of proposed improvements according to constructability, hydraulics, and construction costs. Task 7. Improvement Plans •Provide geometric drawings showing preliminary geometric layout with preliminary estimates. •Note utility conflicts so advanced preparations for clearing existing utilities can begin. •Provide precise grades and elevations. 133 EXHIBIT A ..SCOPE OF SERVICES.. | 16 •Include details regarding the proposed improvements or mitigation, direction of flow, BMPs, and/or connection points. •Show proposed demolition, trenching, restoration, and outside agency permits on the Plans. •Respond to plan check comments. Task 8. Specifications •Provide Special and Technical Provisions to be included in City’s contract and bid documents. Task 9. Engineer’s Cost Estimate •Identify and list all necessary quantities from the plans. •Research and use recent bid results and industry cost data to determine unit prices. Task 10. Services during the Bid Phase •Provide technical assistance during the bidding process, including responding to bidder questions and preparing addenda as necessary. Task 11. Services during the Construction Phase •Provide construction support services, including responding to Requests for Information (RFIs), reviewing submittals, and attending progress meetings. Deliverables Matrix Deliverable Design Completion Stage Construction 35% 65% 90% 100% Project Schedule: PDF     Log of Utility Communications: PDF, Excel  Electronic Copy of GIS Exhibits: DWG, PDF  Infiltration Test Data: PDF  Hydrology Calculations: PDF  Pre-design Report: PDF  Construction Documents Title Sheet: DWG, PDF     Improvement Plans Grading and Drainage Plan: DWG, PDF     Details: DWG, PDF    Special/Technical Specifications: PDF, Word    Cost Estimate: PDF, Excel     Reviewed Submittals: PDF  134 Exhibit A Page 2 of 4 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 twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no 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, 135 Exhibit A Page 3 of 4 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. 136 Exhibit A Page 4 of 4 (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. 137 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Forty-Six Thousand Four Hundred Dollars ($146,400.00) for the life of the Agreement, encompassing the Initial and any Extended Terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Items 1-9 shall be paid as a lump-sum on percentage of completion basis not to exceed One Hundred Thirty-Three Thousand Four Hundred Dollars ($133,400) per attached work schedule. Items 10-11 shall be paid on a time and materials basis not to exceed Eight Thousand Dollars ($8,000). Retention for Reimbursable Expenses shall be paid on a time and materials basis not to exceed Five Thousand Dollars ($5,000). Exhibit B Page 1 of 1 138 139 EXHIBIT B 140 La Quinta: Misc. Retention Basin Mulholland Fee Calculator CONFIDENTIAL No. 60.2025.3.0 Revision #2; Revised: May 2, 2025 Hours Subtotal Hours Subtotal Hours Subtotal Hours Subtotal Hours Subtotal Hours Subtotal 1 Project Management 0.00 $ - 18.00 $ 4,500.00 0.00 $ - 0.00 $ - $ - $ - $ - $ 4,500.00 2 As-built Research and Utility Search 0.00 $ - 0.00 $ - 0.00 $ - 24.00 $ 3,600.00 $ - $ - $ - $ 3,600.00 3 Survey 0.00 $ - 0.00 $ - 0.00 $ - 12.00 $ 1,800.00 $ - $ - $ 18,000.00 $ 19,800.00 4 Geotechnical Investigation 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - $ - $ 65,700.00 $ 65,700.00 5 Hydrology 6.00 $ 1,800.00 0.00 $ - 24.00 $ 4,800.00 0.00 $ - $ - $ - $ - $ 6,600.00 6 Pre-design Report 12.00 $ 3,600.00 0.00 $ - 0.00 $ - 0.00 $ - $ - $ - $ - $ 3,600.00 7 Improvement Plans 12.00 $ 3,600.00 0.00 $ - 72.00 $ 14,400.00 0.00 $ - $ - $ - $ - $ 18,000.00 8 Specifications 8.00 $ 2,400.00 0.00 $ - 40.00 $ 8,000.00 0.00 $ - $ - $ - $ - $ 10,400.00 9 Engineer's Cost Estimate 0.00 $ - 0.00 $ - 6.00 $ 1,200.00 0.00 $ - $ - $ - $ - $ 1,200.00 10 Services during the Bid Phase 0.00 $ - 16.00 $ 4,000.00 0.00 $ - 0.00 $ - $ - $ - $ - $ 4,000.00 11 Services during the Construction Phase 0.00 $ - 16.00 $ 4,000.00 0.00 $ - 0.00 $ - $ - $ - $ - $ 4,000.00 38.00 $ 11,400.00 50.00 $ 12,500.00 142.00 $ 28,400.00 36.00 $ 5,400.00 0.00 $ - 0.00 $ - $ 83,700.00 $ 141,400.00 - Reimbursable Expenses 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - $ - $ 5,000.00 $ 5,000.00 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 5,000.00 $ 5,000.00 $ 141,400.00 $ 146,400.00 Mandatory Tasks + Optional Tasks ("Not to Exceed") Total = Optional Tasks Optional Tasks Totals = Mandatory Tasks ("Not to Exceed") Total = Task Totals No. Description Task Principal in Charge Project Engineer Lump SumsProject Manager $300.00 /hr $200.00 /hr * Engineering Technician $150.00 /hr Mandatory Tasks Totals = $250.00 /hr Mandatory Tasks 141 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. 142 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 143 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out 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 144 Exhibit E Page 2 of 6 Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep- linking 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. 145 Exhibit E Page 3 of 6 Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 146 Exhibit E Page 4 of 6 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement 147 Exhibit E Page 5 of 6 to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a 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. 148 Exhibit E Page 6 of 6 18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit. 20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto. 21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 149 Exhibit F Page 1 of 2 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. 150 Exhibit F Page 2 of 2 d. Indemnification Provision for Design Professionals. 1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below. 2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. 3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8. F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 151 152 CONSENT CALENDAR ITEM NO. 10 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH RY+AO AND AUTHORIZE ALL PHASES TO PROVIDE THE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE FOR X-PARK BUILDING AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-08 RECOMMENDATION Approve an Agreement for Contract Services with RY+AO; authorize all phases to provide the plans, specifications, and engineer’s estimate for X-Park Building Americans with Disabilities Act Improvements Project No. 2023-08; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY The X-park Building Americans with Disabilities Act (ADA) Improvements Project No. 2023-08 (Project) is located at the southeast corner of Dune Palms Road and Westward Ho Drive (Attachment 1). In January 2025, staff issued a Request for Proposals (RFP) to prepare the plans, specifications, and engineer’s estimate (PS&E) for the Project; 1 proposal was received in February 2025. Proposed is an Agreement for Contract Services (Agreement) with RY+AO for Phases 1 through 4 of the Project in an amount not to exceed $104,900 (Attachment 2). FISCAL IMPACT Fiscal year 2023/24 Capital Improvement Program (CIP) allocated a budget of $350,000 in General Fund funding for this Project. If approved, the following is the Project budget: Scope of Work Project Budget Master Plan/Design $104,900 Project Management $20,000 Construction $200,000 Inspection/Testing/Survey $5,000 Contingency $20,100 TOTAL $350,000 153 BACKGROUND/ANALYSIS The X-Park building currently lacks ADA-compliant access to its roof, which is intended for use as an observation deck. The City seeks to enhance accessibility by designing and implementing improvements to meet ADA standards while integrating seamlessly with the building’s existing prefabricated structure. In January 2025, staff solicited proposals to provide PS&E based on the assessment of the building; 1 proposal was received in February 2025 from RY+AO. Proposed is an Agreement with RY+AO for the following scope of work to be completed in 4 phases, in an amount not to exceed $104,900:  Phase 1 – assessment of the building and conceptual design The building assessment includes a site visit to review the existing building configuration, structure, electrical systems and equipment. Following that, RY+AO will identify and recommend feasible ADA-compliant access solutions, with a preference for an exterior lift system and provide a maximum of 3 conceptual plan options.  Phase 2 – schematic design and deliverables RY+AO will develop schematic design documents based on 1 City approved conceptual option and provide deliverables.  Phase 3 – construction documents services Preparation of PS&E documents, processing of construction documents, coordination with any design-build consultants, and bi-monthly progress meeting with Project stakeholders.  Phase 4 – bidding services and construction administration services Preparation of bid package, respond to questions from bidders during bid process, preparation of any addenda, and assistance in review of bids. RY+AO to visit the site as necessary, review submittals, respond to contractor requests for information, and preparation of project punch list. Staff requests approval of the proposed agreement with RY+AO and authorizing all phases of the project. ALTERNATIVES Staff does not recommend an alternative. 154 Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Vicinity Map 2. Agreement for Contract Services 155 X-Park Building ADA Improvements PROJECT LOCATION HIGHWAY 111 Vicinity Map AVENUE 48 ATTACHMENT 1 156 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 Richard Yen & Associates Architects & Planners, Inc. an Arizona Corporation, d/b/a RY+AO (“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 design and related professional services for the X-Park Building ADA Improvements Project no. 2023-08, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement. Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, and hold City, its elected officials, officers, employees, and agents, free and harmless against any direct or indirect damages imposed against City hereunder for failure to pay any fees, assessments, and taxes, or for failure to obtain licenses, permits, and approvals as may be required by law for the performance of the Services. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party acknowledges that (a) it has visited and considered the Services to be performed, (b) it ATTACHMENT 2 157 -2- has visited the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has considered how the Services should be performed, and (d) it 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. The standard of care for all professional services performed or furnished by Contracting Party under this Agreement will be the care and skill used by members of Contracting Party’s profession practicing under similar circumstances at the same time and in the same locality. Except as provided in this Agreement, Contracting Party makes no warranties, express or implied, under this Agreement or otherwise, in connection with Contracting Party’s services. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i)the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the 158 -3- Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part 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 Hundred Four Thousand Nine Hundred Dollars ($104,900.00), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1)describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 159 -4- 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3.PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 7, 2025, and terminate on December 31, 2026 (“Initial Term”). This Agreement may be extended upon mutual agreement by both parties (“Extended Term”), and executed in writing. 160 -5- 4.COORDINATION OF WORK. 4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith: (a)Name: Jianshan Liang Telephone No.: 619-224-3605 Email: jliang@ry-aoarchitects.com (b)Name: Richard Yen Email: ryen@ry-aoarchitects.com 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, City Engineer and Public Works Director, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved 161 -6- transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct 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. 162 -7- 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. Indemnification is incorporated as set forth in “Exhibit F” (“Indemnification”) and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The 163 -8- Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party’s business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party’s successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the “Documents and Materials”) shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City’s sole risk and without liability to Contracting Party, and Contracting Party’s guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in 164 -9- the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8.ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or 165 -10- assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 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. 166 -11- 8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City. 8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation. Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 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 167 -12- 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 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: RY+AO Attention: Jianshan Liang 731 South Highway 101, Suite 1M Solana Beach, CA 92075 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous 168 -13- negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 169 -14- 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: RY+AO: Name: Title: Dated: ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California Name: Title: Dated: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 170 Exhibit A Page 1 of 4 Last revised summer 2017 Exhibit A Scope of Services See attached scope of work. 171 LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS SCOPE OF WORK 1 We propose to provide A&E services for the scope of services outlined in the Request for Proposals for City of La Quinta X-Park Building ADA Improvements Project No. 2023-08. A detailed scope of work by phase is provided below. I. PHASE I A. Kick-off Meeting 1. Schedule and chair a kickoff meeting with the City to discuss the proposed work plan and special concerns B. Site Visit 1. A&E team will schedule with the City and perform a site review with the City representatives a. Assess the site conditions and the existing building configuration, structure, electrical systems and equipment. 2. We assume that the existing as-built drawings, including architectural, electrical and structural drawings are available and can be used as a base for this project. a. Review of existing design and other relevant information b. Review of as-built drawings and specifications c. Review of existing electrical systems reports and maintenance operations logs d. Review of existing electrical distribution board capacity C. Concept Design 1. Identify and recommend feasible ADA-compliant access solutions, with a preference for an exterior lift system with prefabricated enclosure. a. Design an exterior lift or other suitable accessibility improvement to provide safe and compliant access to the roof. b. Based on the City's expectations and requirements, conduct a comprehensive evaluation of various lift systems with prefabricated enclosures from multiple manufacturers. Perform a thorough analysis to assess their suitability in terms of functionality, cost-effectiveness, and long-term maintenance. Upon completion of the assessment, provide recommendations for the lift system that best meets public needs, aligns with the City's budget, and supports its long-term maintenance objectives. c. Ensure the design integrates with the existing prefabricated structure and aligns with aesthetic functional goals. d. Maintain the existing stairs as the primary non-ADA access while incorporating the new improvements as the primary ADA access. 2. Code analysis: Identify applicable codes and standards and coordinate requirements with appropriate city, county, state, and any other applicable agency 3. We assume the City will provide a Geotechnical report prepared specifically for this project and provide design information and criteria necessary for use in our structural design. We will prepare request for proposal (RFP) for geotechnical services (if required). 4. Define design criteria for structural loads 5. Address and resolve questions raised by governing authorities regarding structural system 6. Preparation of a ROM statement of probable cost for up to three options 172 LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS SCOPE OF WORK 2 D. Deliverables: 1. Maximum of three (3) conceptual plan options 2. Structural concept design report describing alternate schemes with narrative descriptions and markup plans sufficient for budget estimates. 3. A ROM statement of probable cost for three design options 4. Renderings of each conceptual plan option II. PHASE II A. Schematic Design 1. Develop Schematic Design Documents based on one City approved conceptual option a. Preliminary site and building plans b. Preliminary sections and elevations c. Development of approximate dimensions, areas and volumes 2. Provide space requirements to support our electrical systems’ equipment and distribution. This includes shafts, risers, and equipment rooms. 3. Identify long lead items and dates required for pre -purchase as early as possible and prepare prepurchase specifications as required to meet scheduled delivery dates for equipment. 4. Bi-monthly progress meetings with the City project manager and stakeholders. B. Deliverables: 1. Architectural schematic level drawings 2. Structural Schematic Design documentation package a. Narrative specifications b. Bluebeam markups of architectural floor plans 3. Schematic electrical single-line diagrams. 4. Schematic major equipment layout and clearances. III. PHASE IV A. Construction Documents Services 1. Preparation of Construction Documents based upon approved Schematic Design documents. Construction Documents may include the following: • Site Plan • Vicinity Map • Building Summary • Sheet Index • Building Department Notes • Accessibility Requirements per CAC Title 24 • Demolition Plan • Floor Plan(s) • Roof Plan • Building Sections • Exterior Elevations • Interior Elevations • Door and Window Schedules 173 LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS SCOPE OF WORK 3 • Architectural Details • Electrical Plans and Diagrams • Prescriptive-method title 24 lighting compliance calculations and forms • Structural plans and details • Structural Calculations 2. Reasonable coordination with all design-build consultants, if any. 3. Normal processing of documents through the City of La Quinta as required to obtain permits for construction. 4. Bi-monthly progress meetings with City Project Manager and stakeholders. 5. Deliverables: a. Construction Documents b. Project Specifications c. Cost Estimate IV. PHASE V A. Bidding Services 1. Preparation of Bid Package including drawings and Project Manual. 2. Issuance of Bid Package to Owner for distribution to bidders. (Note: Printing of bid sets for distribution to bidders is not included in our scope of work). 3. Respond to reasonable questions from bidders during bid process. 4. Preparation of addenda for issuance to bidders 5. Assist Owner in the review of bids. B. Construction Administration Services 1. The Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work completed, and to determine, in general, if the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the drawings and specifications. However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the work completed, and report to the Owner (1) know deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the work. The Architect is not responsible for the performance of the General Contractor or its subcontractors, for their errors and/or omissions, the construction for the space, or the construction schedule, if any. Construction Administration services are limited as follows: a. Review of shop drawings/submittals. b. Response to Contractor Requests for Information c. Preparation of bulletins (if required). d. Preparation of project punchlist. 2. Site Visits: a. A maximum of two (2) construction progress visits by Architect and (1) visit for the project punch walk b. A maximum of one (1) construction progress visit by Structural Engineer and one (1) for the project punch walk c. A maximum of two (2) construction progress visit by Electrical Engineer and one (1) for the project punch walk 174 LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS SCOPE OF WORK 4 V.ASSUMPTIONS & EXCLUSIONS A.Assumptions 1.We assume that the ADA lift will use natural ventilation. No Mechanical Engineering is included with this proposal. 2.There will be one permit package for the project with all architectural, structural and other consultant packages submitted concurrently. 3.Building Information Models (BIM) will contain elements modelled to a Level of Development (LOD) 200, unless otherwise noted. Refer to AIA Document G202-2013, Article 2 for detailed description of Level of Development. 4.All demands from the prefabricated lift, including to the foundations and back to the existing structure, and the connections to each of these, will be provided by the manufacturer. 5.The addition of this structure, or any potential modifications to the existing stairs, will not trigger mandatory evaluation or strengthening of the existing structure. No modification of the existing other than lateral connection is included in this scope. 6.The design of the building will follow the design intent described in the RFP. 7.We have assumed that all existing electrical rooms and main electrical panels shall remain in place. 8.We have assumed that adequate electrical capacity is available. Electrical service upgrades and re-routing of additional power from main switchboards can be provided as an additional service if required. 9.The goal is to provide new lighting power circuitry and lighting controls for the new LED lighting. Additional panels shall be designed and coordinated as necessary and fed from the existing main switch board. 10.We have assumed that we will not be involved in the design of the building security systems. However based on information provided by the Owner’s Security Consultant, we will provide the power requirements on our drawings for all security equipment. We will also provide a specification for the conduit and raceway requirements. 11.The project is assumed to contain no design or construction phasing or temporary service requirements. Design of multiple buildings will occur simultaneously. 12.The Contractor will provide Record Documents and As-Builts in electronic format for A&E review and comment 13.Client will provide all required readings for us to complete our scope of work. These readings include three (3) week meter readings, air and water balance reports, etc. 14.Existing engineered systems and utilities have adequate capacity to accommodate the project’s loads unless otherwise noted in this proposal. 15.Preparation of short circuit, coordination and arc fault studies is not included. If required, this service will be provided by the project’s electrical contractor. 16.Startup, troubleshooting assistance, and commissioning are not included. 17.We have assumed that accurate as-built drawings are available for the existing space in AutoCAD format. 18.We have assumed that the existing record electrical as built drawings are available and can be used as a base for this project. 19.All as-built record drawings shall be by the contractor. 175 LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS SCOPE OF WORK 5 20. Geotechnical report shall be provided by the City. Modifications to project resulting from any unknown subsurface geological condition not disclosed in the RFP shall be provided as an additional service. By example, structural foundation design resulting from liquefaction, ground water conditions, remediation of building foundations resulting from insufficient soil bearing values, deep foundations, soil remediation. 21. At this time, we do not anticipate the need for civil engineering. Should civil engineering services be required, we can provide as an additional service. 22. At this time, we do not anticipate the need for mechanical and plumbing engineering. Should mechanical and plumbing engineering services be required, we can provide as an additional service 23. At this time, we do not anticipate the need for landscape architectural services. Should landscape architectural services be required, we can provide as an additional service. 24. At this time, we do not anticipate the need for dry utility consulting services. Should dry utility consulting services be required, we can provide as an additional service. B. Exclusions 1. Mechanical and Plumbing Engineering 2. Detailed design of secondary structural elements (i.e. window supports, curtain wall supports, exterior cladding, window washing equipment, elevator machine supports and miscellaneous metal supports); 3. Landscape structural elements such as site walls, trellis, etc 4. Geotechnical investigation and report 5. Material testing and destructive investigation 6. Special inspections during construction 7. Design of elements for exterior building maintenance 8. Preparation of demolition documentation (for existing buildings) 9. Engineering or inspection of contractor temporary works such as shoring, bracing, underpinning or propping 10. Work required to address design revisions after completion of Schematic Design 11. As-built documentation 12. Work required to correct non-conforming construction undertaken by the contractor or unforeseen conditions 13. Design of support/bracing/anchorage of mechanical, electrical and plumbing (MEP) systems and furniture, fixtures and equipment (FF&E) elements 14. Services necessary due to significant scope change or design revisions. 15. Services necessary due to significant schedule extensions or accelerations 16. This proposal does not include any specialty consultant work such as architectural lighting design, telecommunications, IT, audio/visual, security, etc. 176 Exhibit A Page 2 of 4 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 twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no 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, 177 Exhibit A Page 3 of 4 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. Not Applicable. 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. (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 178 Exhibit A Page 4 of 4 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. Not Applicable. 179 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Four Thousand Nine Hundred Dollars ($104,900.00) for the life of the agreement, encompassing the Initial and any Extended Terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Phase 1 shall be paid as a lump-sum on a percentage of completion basis not to exceed Sixteen Thousand Three Hundred Dollars ($16,300.00) per attached work schedule. Phase 2 shall be paid as a lump-sum on a percentage of completion basis not to exceed Eighteen Thousand Four Hundred Dollars ($18,400.00) per attached work schedule. Phase 3 shall be paid as a lump-sum on a percentage of completion basis not to exceed Forty-Four Thousand Two Hundred Dollars ($44,200.00) per attached work schedule. Phase 4 shall be paid on a time and materials basis not to exceed Twenty- One Thousand Dollars ($21,000.00) per attached work schedule. Reimbursable Items shall be paid on a time and materials basis not to exceed Five Thousand Dollars ($ 5,000.00). Exhibit B Page 1 of 1 180 X-PARK BUILDING ADA IMPROVEMENTS PROJECT COMPLETE FEE SCHEDULE We propose to provide Architectural & Engineering services for the scope of services outlined in our proposal for X-Park Building ADA Improvements, City Project No. 2023-08, for a fee of Ninety-Nine Thousand Nine Hundred dollars ($99,900.00) plus reimbursable expenses as follows. Reimbursable expenses are estimated not to exceed Five Thousand Dollars ($5,000.00). FEE BY DISCIPLINE Discipline Pre-Fab Elevator Option Architectural $56,800 Structural $22,800 Electrical $8,800 Cost Estimating $11,500 Total $99,900 FEE BY PHASE Discipline Pre-Fab Elevator Option Phase 1 – Concept Design $16,300 Phase 2 – Schematic Design $18,400 Phase 3 – Construction Documents / Permitting $44,200 Phase 4 – Bidding / Construction Administration $21,000 Total $99,900 Estimated Reimbursable Expenses $ 5,000 181 X-PARK BUILDING ADA IMPROVEMENTS PROJECT COMPLETE FEE SCHEDULE HOURLY RATE SCHEDULES Billing Classification Hourly Rate RY+AO Principal $250.00 Design Director $230.00 Project Director $230.00 Senior Associate $210.00 Associate $190.00 Senior Designer $190.00 Senior Project Architect $190.00 Senior Project Manager $190.00 Project Manager $180.00 Project Architect $170.00 Designer $165.00 Senior Job Captain $155.00 Job Captain $145.00 Draftsperson $135.00 Junior Designer $130.00 Junior Draftsperson $130.00 Professional Staff $105.00 Holmes US Principal $280 - $325 Associate Principal $225 - $255 Senior Engineer $190 - $210 Project Engineer $160 - $170 Structural Designer $150.00 Senior Revit Specialist $175 Revit Specialist $150 - $170 Administration $90.00 ELEN CONSULTING Principal Engineer $250.00 Senior Engineer $190.00 Engineer $160.00 Senior Designer $130.00 Designer $110.00 CADD Operator $ 90.00 Clerical $ 80.00 182 X-PARK BUILDING ADA IMPROVEMENTS PROJECT COMPLETE FEE SCHEDULE Cumming Managing Director $255.00 Associate Director, Lead $225.00 Senior Cost Manager $200.00 Cost Manager $190.00 183 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. 184 ID Task Name Duration Start Finish 1 City of La Quinta X-Park ADA Improvements Design Schedule 2 TOTAL PROJECT DESIGN DURATION 3 Phase I - Conceptual Design 7.2 wks Mon 4/21/25 Tue 6/10/25 4 Project Kickoff 0 days Mon 4/21/25 Mon 4/21/25 5 Site Survey & Assessment 1 wk Fri 4/25/25 Thu 5/1/25 6 Conceptual Desgin 2 wks Mon 4/28/25 Fri 5/9/25 7 Cost Estimate 1 wk Mon 5/12/25 Fri 5/16/25 8 City Review 2 wks Mon 5/19/25 Fri 5/30/25 9 City Council Approval 0 days Tue 6/10/25 Tue 6/10/25 10 Phase II - 40% Design (SD)5 wks Tue 6/10/25 Mon 7/14/25 11 Schemetic Design 3 wks Tue 6/10/25 Mon 6/30/25 12 City Review 2 wks Tue 7/1/25 Mon 7/14/25 13 Phase III-Design 90%-100 (CD&Permitting)8 wks Tue 6/10/25 Mon 8/4/25 14 Construction Document 4 wks Tue 6/10/25 Mon 7/7/25 15 Cost Estimate 1 wk Tue 7/8/25 Mon 7/14/25 16 City Plan Check Submittal 4 wks Tue 7/8/25 Mon 8/4/25 17 Phase IV - Bidding & Construction 16 wks Tue 8/5/25 Mon 11/24/25 18 Bidding 4 wks Tue 8/5/25 Mon 9/1/25 19 Construction 12 wks Tue 9/2/25 Mon 11/24/25 20 21 0% 4/21 0% 0% 0% 0% 6/10 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Apr May Jun Jul Aug Sep Oct Nov Dec Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025 Critical Critical Split Critical Progress Task Split Task Progress Manual Task Start-only Finish-only Duration-only Baseline Baseline Split Baseline Milestone Milestone Summary Progress Summary Manual Summary Project Summary External Tasks External Milestone Inactive Task Inactive Milestone Inactive Summary Deadline La Quinta X-Park - Design Schedule-V1 Page 1 185 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 186 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out 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 187 Exhibit E Page 2 of 6 Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep- linking 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. 188 Exhibit E Page 3 of 6 Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition 04/13. 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. 189 Exhibit E Page 4 of 6 3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement 190 Exhibit E Page 5 of 6 to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a 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. 191 Exhibit E Page 6 of 6 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. 192 Exhibit F Page 1 of 2 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, and hold harmless City and any and all of its officials, employees, and (“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, 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. Contracting Party shall reimburse City for reasonable defense costs incurred. 193 Exhibit F Page 2 of 2 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. 194 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05 RECOMMENDATION Approve Amendment No. 1 to Agreement for Contract Services with TY Lin International, in the amount of $390,562, for the Dune Palms Road Bridge Improvement Project No. 2011- 05; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY The Dune Palms Road Bridge Project (Project) (Attachment 1) is currently completing construction to replace the existing low water crossing with an all- weather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC). On February 24, 2025, the City issued Change Order No. 1 authorizing additional services in an amount of $29,396 for coordinating the groundbreaking ceremony for the bridge. Proposed Amendment No. 1 to the Agreement for Contract Services with TY Lin International (TY Lin) authorizes additional construction management and inspection services (CMI) on actual cost plus a fixed fee (Attachment 2). The original fee was an estimate based on the construction days allowed in the original construction contract. FISCAL IMPACT The Project has an approved budget of $30,064,243; and it is funded through a combination of the following sources: Phase Estimated Cost for Bridge Project Federal Funding (Caltrans-HBP) Non-Participating Plus Local Share Engineering/Design $2,050,000 $1,549,275 $500,725 Right of Way $1,570,554 $1,166,825 $403,729 Construction $21,760,704 $16,610,884 $5,149,820 Const. Engineering $2,764,651 $2,491,632 $273,019 Utility Agreement (IID) $65,750 $0.00 $65,750 Contingency $1,852,584 $1,661,088 $191,496 Total Costs: $30,064,243 $23,479,704 $6,584,539 CONSENT CALENDAR ITEM NO. 11 195 Caltrans-HBP Funding Share: $23,479,704 City of La Quinta Funding Share: $1,093,003 CVAG Funding Share: $5,421,936 CVWD Funding Share: $69,600 Total Cost: $30,064,243 The proposed Amendment 1 will increase the total not to exceed amount by $390,561. Sufficient funds are available for this Amendment in the Project Budget Base Contract Amount: $2,760,329 Change Order No. 1: $29,396 Amendment No. 1: $390,561 Contract Total: $ 3,180,286 BACKGROUND/ANALYSIS In February 2022, Council approved an Agreement with TY Lin to provide professional construction management and inspection services for an all-weather bridge. The Project is currently finishing the construction phase. On February 24, 2025, the City issued Change Order No. 1 authorizing TY Lin to provide additional services related to the groundbreaking ceremony of the bridge in accordance with Sections 1.7 Additional Services and 2.4 Compensation for Additional Services in an amount of $29,396. The proposed Amendment 1 is for the additional amount of $390,561 for additional time required to construct the project due to delays caused primarily by Tropical Storm Hillary, utility delays, and construction change orders. The additional time will also allow TY Lin to assist the City in closing out the construction phase in conformance with the funding requirements. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map 2. TY Lin International Amendment No. 1 196 Vicinity Map – Dune Palms Bridge PROJECT LOCATION HIGHWAY 111 ATTACHMENT 1 AVENUE 48 197 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL This Amendment No. 1 (“Amendment No. 1”) to Agreement for Contract Services (“Agreement”) is made and entered into as of the ___ day of May 2025 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and TY Lin International, a Corporation (“Contracting Party”). RECITALS WHEREAS, on or about July 1, 2022, the City and Contracting Party entered into an Agreement to provide those services related to Construction Management, Inspection, Material Testing, and Survey Services for the Dune Palms Road Bridge Project (Federal Project No. BRKLS-5433(014), City Project No. 2011-05), for the City. Total compensation to be paid to Contracting Party was not to exceed $2,760,328.58 dollars. The term of the Agreement expires on June 30, 2026; and WHEREAS, on or about February 24, 2025, the City issued Change Order No. 1 authorizing additional services and compensation pursuant to the following sections of the Agreement: Section 1.7 Additional Services – to provide ground-breaking coordination services; Section 2.4 Compensation for Additional Services – compensation in the amount of $29,395.47 for Additional Services amounting to not more than 5% of the Contract Sum and authorized by the Contract Officer as noted above under Section 1.7); and WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 Scope of Services of the Agreement as outlined in detail in enclosed Exhibit A, incorporated herewith by this reference; and WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and Exhibit B Schedule of Compensation of the Agreement to increase the total compensation amount by an additional $390,561.14, for a total not to exceed amount of $3,180,285.19, for the services pursuant to Section 2.4 Compensation for Additional Services and as included in Exhibit A. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: ATTACHMENT 2 198 1. Section 1.1 Scope of Services is amended to include the Services detailed in the attached “Exhibit A”, incorporated herewith by this reference. 2. Exhibit A – Scope of Services is amended to include the services as detailed in enclosed “Exhibit A” incorporated herewith by this reference. 3. Section 2.1 Contract Sum is amended to read as follows: 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated based on actual cost plus a fixed fee in accordance with “Exhibit B” (the “Schedule of Compensation”). The total amount payable by City including the Fixed Fee, as provided in Section 2.2, shall not exceed Three Million One Hundred Eighty Thousand Two Hundred Eighty-Five Dollars and Nineteen Cents ($3,180,285.19) (the “Contract Sum”), except as provided in Section 1.7. 4. Exhibit B – Schedule of Compensation is amended as detailed in enclosed “Exhibit B” incorporated herewith by this reference. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA, TY Lin International a California municipal corporation ____ ____ JON McMILLEN, City Manager Philip Yartey, P.E. City of La Quinta, California Senior Vice President Dated: __________________ Dated: _________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 199 Exhibit A Scope of Services *Note: Exhibit A referenced in Scope Request is in Exhibit B to this amendment. 200 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.4 of this Agreement, the maximum total compensation to be paid to the Contracting Party shall be based on actual cost plus a fixed fee in accordance with this “Exhibit B” under this Agreement is not to exceed Three Million One Hundred Eighty Thousand Two Hundred Eighty-Five Dollars and Nineteen Cents ($3,180,285.19) (the “Contract Sum”), except as provided in Section 1.7. Base Contract Amount: $2,760,328.58 Change Order No. 1: $29,395.47 Amendment No. 1: $390,561.14 Contract Total: $ 3,180,285.19 201 202 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT LIMNOLOGISTS DBA SOUTHWEST AQUATICS, INC FOR VARIOUS LAKE MAINTENANCE, REPAIR, AND ON-CALL SERVICES; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL LAKE MAINTENANCE AND REPAIR SERVICES RECOMMENDATION A.Approve Amendment No. 3 with Desert Limnologists dba Southwest Aquatics, Inc. for Civic Center Campus Lake Maintenance Services Project No. 2019-11, SilverRock Park lake and water feature maintenance, Civic Center Campus lake biofilter replacement and related work, and as needed on-call lake maintenance and repair services; and authorize the City Manager to execute the amendment. B.Authorize the Public Works Department to utilize this vendor as a select source for on-call lake maintenance and repair services. EXECUTIVE SUMMARY The City contracts lake maintenance services to maintain lakes and streams in City parks. On September 17, 2019, Council approved an agreement for the Civic Center Campus Lake Maintenance Services Project No. 2019-11 with Desert Limnologists dba Southwest Aquatics, Inc. (SW Aquatics), which was subsequently amended via Amendment Nos. 1 and 2 to include maintenance of the SilverRock Park lake and water feature and extend the term through June 30, 2026. On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work. Amendment No. 3 (Attachment 1) requests additional spending authority of up to $125,000 in fiscal years (FYs) 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of the Civic Center Campus lake biofilter replacement work. CONSENT CALENDAR ITEM NO. 12 203 FISCAL IMPACT Staff requests additional spending authority in FYs 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of the Civic Center Campus lake biofilter replacement and related work. If proposed Amendment No. 3 is approved, total compensation under the SW Aquatics agreement, since 2019 to present is as detailed in the table below. Services Compensation Agreement (2019-2024) (approved 9/17/2019) Civic Center Campus Lake Maintenance $ 81,000 Amendment No. 1 (2021-2024) (approved 8/3/2021) Added SilverRock Park Lake Maintenance $ 51,300 Amendment No. 2 (2024-2026) (approved 9/17/2024) Added SilverRock Park Water Feature Maintenance, extended the term for FY 2025-26, and 5% compensation increase $ 59,535 Additional Spending Authority FY 2024/25 (approved 9/17/2024) For on-call as needed extra maintenance and repair work $ 50,000 Additional Spending Authority FYs 2024/25 and 2025/26 (proposed for Council’s consideration on 5/6/2025) For Civic Center Lake Biofilter Replacement and related work $125,000 GRAND TOTAL: $366,835 These costs are currently included in FY 2024/25 operating budget for Civic Center Campus Lake Maintenance (101-3005-60117); SilverRock Event Site Lake Maintenance (101-3005-60189); and Park Equipment and Facility Funds (503-0000-71060); and any remaining funds will be carried over into FY 2025/26 budget. BACKGROUND/ANALYSIS The lake maintenance contract provides services twice per week and includes debris removal, algae control, pH balance testing, and inspection of skimmers, pumps and equipment. All labor and equipment to maintain the lakes is provided by SW Aquatics. In September 2019, Council approved a 5-year agreement for Civic Center Campus Lake Maintenance Services Project No. 2019-11 with SW Aquatics, from October 1, 2019, through September 2024. In August 2021, the City executed Amendment No. 1 which added maintenance services for the lake at the SilverRock Park and related additional compensation. 204 In September 2024, Council approved Amendment No. 2 which extended the agreement term for 2 additional years, through June 30, 2026, added maintenance of the SilverRock water feature to the scope of work and related compensation, and increased overall annual compensation by 5%. In September 2024, Council also approved additional spending authority up to $50,000 in FY 2024-25 to utilize SW Aquatics as a select source for additional on-call lake maintenance and repairs as needed, for work outside the scope of the agreement. Additional work is not guaranteed; however, it allows for extra lake maintenance to be performed as needed for maintenance outside of the scope of this agreement. Work may include but is not limited to providing lake maintenance more than twice per week, pump maintenance/repair, debris clean up, algae removal, and other miscellaneous maintenance/repair services as needed. On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work for a not to exceed amount of $170,000 in FY 2024/25, which will take approximately 4 weeks to complete and requires draining the lake. Per Council’s direction, work will begin on or about May 19, 2025. Any remaining funds from the budget allocation for this work will be carried over into FY 2025/26. Proposed Amendment No. 3 requests additional spending authority of up to $125,000 in FYs 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of this work. ALTERNATIVES Council may elect not to approve this proposed Amendment No. 3, however, as Council approved proceeding with the Civic Center Campus lake biofilter replacement, staff does not recommend this alternative, as it will delay completing the work until a different vendor can be procured. Prepared by: Monika Radeva, City Clerk Dianne Hansen, Maintenance & Operations Superintendent Approved by: Jon McMillen, City Manager Attachment: 1. Amendment No. 3 to Agreement for Contract Services 205 AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH DESERT LIMNOLOGISTS, INC. DBA SOUTHWEST AQUATICS This Amendment No. 3 (“Amendment 3”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 1st day of May, 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Desert Limnologists, Inc. dba Southwest Aquatics, Inc. (“Contracting Party”). RECITALS WHEREAS, on or about October 1, 2019, the City and Contracting Party entered into an Agreement to provide Civic Center Lake Maintenance Services Project No. 2019-11, for a 5-year term (“Initial Term”) through September 30, 2024, and an optional 2-year extension (“Extended Term”), for a total not to exceed amount of $16,200 per year, for a grand total not to exceed $81,000; and WHEREAS, on or about July 1, 2021, the City and Contracting Party executed Amendment No. 1 and amended Section 1.1 Scope of Work to include maintenance services for the SilverRock Event Site effective August 1, 2021, through September 30, 2024, and amended Section 2.1 Contract Sum to include additional compensation of $16,200 per year, for a grand total of $51,300, for the additional services; and WHEREAS, on or about September 18, 2024, the City and Contracting Party executed Amendment No. 2 and amended the Agreement as follows: Section 1.1 Scope of Work – added cleaning of the water fountain at the SilverRock Park and intake screen; Section 2.1 Contract Sum – increased compensation by $59,535 for the additional services and a 5% increase; Section 3.4 Term – extended the term from October 1, 2024, to June 30, 2026 (“Extended Term”); and WHEREAS, on September 17, 2024, in accordance with Section 1.7 Additional Services of the Agreement, Council approved additional spending authority for Contracting Party for fiscal year 2024/25 for a not to exceed amount of $50,000 for on-call as needed services for extra work outside the scope of the Agreement; and WHEREAS, on April 15, 2025, Council approved proceeding with the Civic Center lake maintenance to replace the biofilter and related work for a total not to exceed amount of $170,000 to complete all work. Per Council’s direction, work will begin on or about May 19, 2025. Any remaining funds from the budget allocation for this work will be carried over from fiscal year 2024/25 budget to fiscal year 2025/26; and ATTACHMENT 1 206 WHEREAS, on May 6, 2025, Council approved additional spending authority for Contracting Party for fiscal years 2024/25 and 2025/26 for a not to exceed amount of $125,000 to complete the above mentioned Civic Center lake maintenance biofilter replacement and related work; and. WHEREAS, the City and Contracting Party mutually agree to amend:  Section 1.1 Scope of Work to include the Civic Center Lake Maintenance Biofilter Replacement and related work; and  Section 2.1 Contract Sum to be increased by an additional $125,000 for fiscal years 2024/25 and 2025/26 for the additional services. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: 207 AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.1 Scope of Services – is amended to read as follows: In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services summarized below as (a) through (e), and specified in detail in the “Scope of Services,” attached hereto as “Exhibit A” and incorporated herewith by this reference (the “Services”): a) Civic Center Campus Lake Maintenance Project No. 2019-11, b) SilverRock Park Lake Maintenance, c) SilverRock Park Water Feature d) Civic Center Campus Lake – biofilter replacement and related work e) Miscellaneous on-call as needed maintenance and repair services, as approved by the Contract Officer 2.1 Contract Sum – is amended to read as follows: For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in an amount not to exceed $366,835 (the “Contract Sum”) Services Compensation Agreement (2019-2024) (approved 9/17/2019) Civic Center Campus Lake Maintenance $ 81,000 Amendment No. 1 (2021-2024) (approved 8/3/2021) Added SilverRock Park Lake Maintenance $ 51,300 Amendment No. 2 (2024-2026) (approved 9/17/2024) Added SilverRock Park Water Feature Maintenance, extended the term for FY 2025-26, and 5% compensation increase $ 59,535 Additional Spending Authority FY 2024/25 (approved 9/17/2024) For on-call as needed extra maintenance and repair work $ 50,000 Additional Spending Authority FYs 2024/25 and 2025/26 (approved 5/6/2025) For Civic Center Lake Biofilter Replacement and related work $125,000 GRAND TOTAL: $366,835 In all other respects, the original Agreement shall remain in effect. 208 IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 3 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA SOUTHWEST AQUATICS, INC. a California municipal corporation ____ _______________________ JON McMILLEN, City Manager CHRIS BEATY, President City of La Quinta, California Dated: ___________________ Dated: ______________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 209 Exhibit A Scope of Services Lake Maintenance services for lakes and streams located at Civic Center Campus, and SilverRock Event Park. 1.0 SCOPE OF WORK The scope of services shall include replacement of the Civic Center Lake biofilter and related work pursuant to this Amendment No. 3. Existing scope of services remain unchanged as detailed below: The work shall include furnishing all labor and equipment necessary to maintain the City lakes. Duties include, but are not limited to, the following: Civic Center Campus and SilverRock Event Park Lakes: Service – Twice per week Lakes shall be maintained in “first-class condition,” “First-class condition” is defined as the following characteristics:  absence of objectionable odor and water  absence of inappropriate debris and trash  The level of the lake shall not exceed the liner and shall be maintained four inches below the shoreline. 1. Debris Removal; Floating Fountain; Intake Screen A. Contractor shall remove all trash, such as paper, cans, bottles, broken glass, and floating debris from lakes, streams, water features and surrounding areas. B. Contractor shall remove any organic matter such as leaves or branches that create an aesthetically unpleasant or biologically undesirable condition. C. All refuse shall be removed and taken to a sanitary landfill. D. Algae shall be removed from rocks (scrubbed) monthly, or more often as needed. E. Monitor stream flow continuously to ensure no water spillage at the top lake. Restrict water flow at pump/motor. F. SilverRock Event Park Lake floating fountain to be cleaned quarterly. a. Brush off motor. b. Clean nozzles and float G. Intake screen located at the bottom of the lake to be cleaned annually. 2. Chemical Applications A. Contractor shall provide complete and continuous control and/or eradication of all noxious aquatic plant or algae growth B. Contractor shall complete and furnish a pesticide application log to City. The log shall include the following information: 1) The target pest(s) 2) Method(s) of control 3) Copies of product labels 4) MSDS sheets 210 5) Frequency schedule(s) 6) Copies of PCA recommendations 3. Water Quality/Clarity and pH A. The lakes support a variety of aquatic life. 1) Contractor shall maintain a water pH balance that promotes optimal health conditions of aquatic life, waterfowl and wildlife in and around the lake. 2) Contractor shall maintain the level of water clarity such that the average Secchi disk measurement is at least 18 inches. 4. Notification A. Contractor shall notify the M&O Superintendent (or designee) of any conditions noted that require further monitoring, investigation, or remedy for the safe and optimal operation of water features and related equipment. 5. Reports A. Contractor shall produce and deliver to the M&O Superintendent (or designee) a report indicating all service activities performed monthly. Equipment A. Contractor shall possess a working knowledge of pumps and equipment, inspect weekly and notify the City’s Representative of any abnormalities. B. Pumps and motors shall be visually inspected for abnormal conditions and lubricated per manufacturer’s specifications. C. Skimmers shall be visually inspected and emptied of debris. D. Contractor is responsible to keep the pump house free of excess debris, water/algae buildup. Maintenance Activity Frequency Remove debris 2 times per week* Visually inspect all equipment Monthly Inspect and empty skimmers/baskets 2 times per week* Chemical applications Continuously as needed Check motor(s) and pumps Monthly Water quality/clarity and pH maintenance Continuously as needed pH balance test and adjustment Weekly Algae removal from rocks Monthly/ as needed SRR Fountain Cleaning Quarterly Intake Screen Cleaning Annually Lake Maintenance; Monday and Friday before 10:00 AM 211 Civic Center Campus Lake Biofilter Replacement Service includes:  Testing lake water for contaminates, bacteria, nutrients, and TPH.  Assisting with relocation of fish to the upper lake  Installation of a temporary circulation system  Pump/equipment to shutdown and drain the lower lake  Remove existing gravel from gravel beds, wash on-site, replace clean gravel and purchase additional gravel in filter beds as needed per lake plans.  Haul off and dispose of mud/debris/non-salvageable gravel.  Refill lower lake utilizing a temporary construction meter from CVWD  Restart circulation equipment/lake pumps 1. Performance Standards: Measurement and Payment City has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, City reserves the right to subtract an associated amount form the monthly billing. Since it is difficult to quantify and assess a value to every aspect of the work, City may implement liquidated damages of $250 per day per incident until the deficiency is corrected. The following is a brief summary of possible deficiencies: 1. Failure to comply with contract specifications. 2. Failure to comply in a timely manner with contractually legitimate requests made by City. 3. Failure to provide specified reports or falsification of reports. 4. Failure to supply adequate equipment, labor or supervision. 5. Failure to repair deficiencies in the allotted time frame. 6. Failure to comply with schedules. 7. Failure to protect public health and safety. 8. Failure to provide adequate identification on vehicles or employees. In the event Contractor fails to perform contractual obligations to the satisfaction of City, City many choose to obtain the services of a separate lake maintenance provider to fulfill Contractor’s obligations, and any and all associated charges shall be the responsibility of the Contractor 212 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is $191,835 Dollars (“Contract Sum”). Maintenance Services Compensation Agreement (2019-2024) (approved 9/17/2019) Civic Center Campus Lake Maintenance $ 81,000 Amendment No. 1 (2021-2024) (approved 8/3/2021) Added SilverRock Park Lake Maintenance $ 51,300 Amendment No. 2 (2024-2026) (approved 9/17/2024) Added SilverRock Park Water Feature Maintenance & 5% compensation increase $ 59,535 GRAND TOTAL: $191,835 Maximum total compensation for Additional Services, pursuant to Section 1.7 of this Agreement, to be paid to Contracting Party under this Agreement, only when authorized requested by the City and authorized by the Contract Officer as $175,000 Dollars. Additional work is not guaranteed. Work may include but is not limited to providing lake maintenance more than twice per week, pump 1 maintenance/repair, debris clean up, algae removal, and other miscellaneous maintenance/repair services as needed. Additional Services Compensation Additional Spending Authority FY 2024/25 (approved 9/17/2024) For on-call as needed extra maintenance and repair work $ 50,000 Additional Spending Authority FYs 2024/25 & 2025/26 (approved 5/6/2025) For Civic Center Lake Biofilter Replacement and related work $125,000 GRAND TOTAL: $175,000 213 214 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VARIABLE SPEED SOLUTIONS, INC FOR MISCELLANEOUS LAKE MAINTENANCE AND REPAIR SERVICES RECOMMENDATION Approve an Agreement for Contract Services with Variable Speed Solutions, Inc. for miscellaneous lake maintenance and repair services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •The City contracts lake maintenance services to maintain lakes and streams in City parks. •In 2024, Council approved an agreement with Variable Speed Solutions, Inc. (VSS) to fabricate a new lake pump for the Civic Center Campus lake. •On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work. •Staff requests additional spending authority to utilize VSS should it be needed for work related to the biofilter replacement and miscellaneous lake maintenance and repair services. FISCAL IMPACT Total not to exceed spending authority under this agreement is $45,000; the term of the agreement will start May 7, 2025, and end June 30, 2026. Funds are available for fiscal year (FY) 2024/25 in the Parks Maintenance/Services account number 101-3005-60691, and Park Equipment and Facility account number 503-0000-71060; and any remaining funds will be carried over into the FY 2025/26 budget. The cost to replace pump 2 was $87,108 with a contingency amount of $8,000. BACKGROUND/ANALYSIS In 2024, Council approved an agreement, for a not to exceed amount of $95,108, with VSS to fabricate pump 2 that controls the water fountain at the Civic Center Campus lake which unexpectedly failed the weekend of July 4, 2024. The lake requires lake pumps to aerate CONSENT CALENDAR ITEM NO. 13 215 and circulate water from the upper lake to the lower lake and control the fountain in the center of the lake. The lake pumps and their parts are custom fabricated which creates long lead times for repairs and/or replacement. VSS installed pump 2 in January 2025. On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work for a not to exceed amount of $170,000 in FY 2024/25, which will take approximately 4 weeks to complete and requires draining of the lake . Per Council’s direction, work will begin on or about May 19, 2025. Any remaining funds from the budget allocation for this work will be carried over into FY 2025/26. In addition, it was recently noticed that pump 1 may require maintenance or replacement as well, however further testing of the equipment must be conducted on completion of the biofilter maintenance to determine the full scope of this project which is currently unknown. Staff requests spending authority of up to $45,000 to utilize VSS for miscellaneous lake maintenance and repair work for equipment testing of pump 1 and should it be needed for unanticipated work related to the biofilter replacement, and if approved, to execute the proposed Agreement for Contract Services (Attachment 1). Once the scope of work to repair or replace pump 1 is determined, staff will bring the item back at a future meeting for Council review and consideration. Per the Purchasing Policy, combined amounts paid to vendors/contractors over $50,000 require Council approval. Due to pump 2 replacement agreement with VSS executed in FY 2024/25, Council’s authorization for this spending authority is required. ALTERNATIVES Council may elect not to approve this request, however, as Council approved proceeding with the Civic Center Campus lake biofilter replacement and pump 1 requires testing in order to determine if repair or replacement is required, staff does not recommend this alternative, as it may delay completing the work until a different vendor can be procured. Prepared by: Monika Radeva, City Clerk Dianne Hansen, Maintenance & Operations Superintendent Approved by: Jon McMillen, City Manager Attachment: 1. Agreement for Contract Services with VSS 216 ATTACHMENT 1 AGREEMENT FOR CONTRACT SERVICES THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Variable Speed Solutions, Inc. located at 1920 E. Occidental St., Santa Ana, CA 92705 (“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 services related to general lake maintenance and repairs as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and appro vals 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 la w and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, 217 -2- 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 th is 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 P arty 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 shal l 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 Contractin g Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 218 -3- 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 Forty-Five Thousand Dollars ($45,000) for this agreement (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to th e date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any 219 -4- greater amount of compensation for Additional Services must be a pproved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer , or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination , or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer , or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on or around May 7, 2025, and terminate on June 30, 2026. 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: 220 -5- (a) Name: David Priego Telephone No: 760-835-6102 Email: David@vsspump.com (b) Name: Blake Hull Telephone No. 714-847-5957 x 112 Email: blake@variablespeedsolutions.com 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 p ersonnel may be assigned to perform the Services required hereunder without the express written approval of City. 4.2 Contract Officer. The “Contract Officer”, otherwise known as Dianne Hansen, Maintenance & Operations Superintendent or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement. 4.3 Prohibition Against Subcontracting or Assignment . The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control 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. 221 -6- 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 amo unts 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 wit h applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform s uch 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. 222 -7- 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer , or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with 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 223 -8- 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 Docum ents 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 r ight to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, 224 -9- 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 C ontracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party’s covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, 225 -10- safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party’s right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City’s right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. City’s consent or approval of any act by Contracting Party requiring City’s consent or approval shall not be deemed to waive or render unnecessary City’s consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer , or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 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. 226 -11- 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 fo r 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 wheth er or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontracto r 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 227 -12- 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 a ny 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 affirm ative 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: Dianne Hansen M & O Superintendent 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: VSS Pump & Control Attention: David Priego General Manager 1920 E. Occidental St. Santa Ana, CA 92705 10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement. 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is 228 -13- understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be bi nding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 229 -14- 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: VARIABLE SPEED SOLUTIONS, INC. By: _____ Name: Brian Pavloff_______________ Title: _President__________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: ________________ Name: ___________ Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 230 Exhibit A Page 1 of 4 Last revised summer 2017 Exhibit A Scope of Services Miscellaneous on-call services for lake and water feature pumps, inspections, equipment testing, general maintenance, repair, and/or replacement services as specified by the Contract Officer. 231 Exhibit A Page 2 of 4 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 twenty- five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no 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, 232 Exhibit A Page 3 of 4 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 C ode 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 Contr acting 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 obligat ions 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 ma de 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. 233 Exhibit A Page 4 of 4 (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 cont ract 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 s afety 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. 234 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Forty-Five Thousand ($45,000) Dollars (“Contract Sum”). 235 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Completion schedule for miscellaneous on-call services will be provided when each service is requested. 236 Exhibit D Page 1 of 1 Exhibit D Special Requirements None 237 Exhibit E Page 1 of 5 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001 ) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such 238 Exhibit E Page 2 of 5 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. Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition 239 Exhibit E Page 3 of 5 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 an y 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 op tion. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non -contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the 240 Exhibit E Page 4 of 5 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. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly 241 Exhibit E Page 5 of 5 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 wit h 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. 242 Exhibit F Page 1 of 2 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, includ ing, 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. 243 Exhibit F Page 2 of 2 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 the reof) 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 ot her 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. 244 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH HORIZON LIGHTING, INC FOR CITYWIDE LIGHTING MAINTENANCE SERVICES PROJECT NO. 2023-29 AND ON-CALL SERVICES WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL ELECTRICAL SERVICES RECOMMENDATION Receive and file Change Order No. 1 to contract with Horizon Lighting, Inc. for Citywide Lighting Maintenance Services Project No. 2023-29 within the Landscape and Lighting Assessment District 89-1 and on-call electrical services for fiscal year 2025/26 and related compensation; and authorize the Public Works Department to utilize Horizon Lighting, Inc. as a select source for on-call electrical services. EXECUTIVE SUMMARY The City contracts citywide landscape lighting maintenance services (lighting maintenance) within the Landscape and Lighting Assessment District 89-1 (L&L), Fire Stations, and parking lots. Section 1245 of the contract also allows for extra work for lighting maintenance and improvements on an on-call, as needed basis. On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Horizon Lighting, Inc. (Horizon) was awarded a contract for citywide lighting maintenance services based on their qualifications and experience; and approved for additional spending authority of up to $200,000 in fiscal year (FY) 2024/25. On April 15, 2025, Council approved additional spending authority for Horizon of up to $150,000 in FY 2025/26 for on-call landscape maintenance services, on an as needed basis. FISCAL IMPACT On June 18, 2024, Council approved a 3-year contract with Horizon, to be executed as 1- year terms based on satisfactory performance by the contractor, a 5% contingency, and additional spending authority for on-call services for FY 2024/25 as detailed in the table below. To date, $5,920 has been expended for on-call electrical services in city parks. On April 15, 2025, Council approved additional spending authority for Horizon up to $150,000 in FY 2025/26 for on-call electrical services, on an as needed basis. Funds will be CONSENT CALENDAR ITEM NO. 14 245 budgeted in FY 2025/26 and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691; Parks 101-3005-60691; Buildings 101-3008- 60691; and Capital Improvement Projects 4041-0000-60188 for lighting maintenance and/or electrical repairs on City property). On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of services. Work may generally include electrical repairs, LED conversions, new lighting installation, meter pedestal/panel replacements, electrical panel upgrades, etc. * Actuals to date as of April 30, 2025 Annual lighting services cost are allocated in L&L account no. 215-7004-60104, and will be included in FY 2025/26 budget. BACKGROUND/ANALYSIS The City contracts citywide lighting maintenance within the L&L for monthly maintenance of landscaped areas within the City’s right-of-way, Fire Stations, and parking lots. 246 On April 2, 2024, an RFQ was posted for lighting services; 2 proposals were received; and the selection committee recommended contracting with Horizon based on their qualifications and experience. Section 1245 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as-needed basis. On June 18, 2024, Council awarded a contract for lighting maintenance services for citywide parks to Horizon and approved the above listed budget which included a 5% contingency and additional spending authority for on-call services for FY 2024/25 of up to $200,000. Additional spending authority for potential on-call services must be approved by Council each FY and staff provides an update on extra work completed for the prior FY. On April 15, 2025, staff provided an update of the on-call services completed in FY 2024/25 for L&L lighting maintenance. On April 15, 2025, Council approved additional spending authority for Horizon of up to $150,000 in FY 2025/26 for on-call electrical services, on an as needed basis, for unanticipated electrical repairs due to car accidents in the medians, building maintenance, electrical repairs or installation of lights or power outlets at city parks; etc. On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of services. Work may generally include electrical repairs, LED conversions, new lighting installation, meter pedestal/panel replacements, electrical panel upgrades, etc. Further, staff will continue to seek quotes from other vendors, when applicable per the Purchasing Policy, to ensure quality of services and competitive pricing. In accordance with the contract terms, per Section 1245, subsection (C), the City may authorize a maximum increase per FY based on the local Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario, which for 2024/25 (April to April) was 2.53%. Change Order No. 1 with Horizon, included as Attachment 1, extends the term of the contract for FY 2025/26, increases compensation by 2.5% for the term duration in accordance with the contract terms, and reflects the additional spending authority of $150,000 for FY 2025/26. ALTERNATIVES As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative. Prepared by: Monika Radeva, City Clerk Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 1 with Horizon 247 Sheet 1 of 1 AGREEMENT: CITYWIDE LIGHTING MAINTENANCE SERVICES, LANDSCAPE AND LIGHTING DISTRICT 89-1 PROJECT NO. 2023-29 CONTRACTOR: HORIZON LIGHTING, INC. CHANGE ORDER NO. 1 ******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. ******************************************************************************************************************* DESCRIPTION OF CHANGE 1.As provided in Section 1245, C, – Contract sum is amended as follows: the total contract amount of $79,927 is increased to $81,925 which includes a 2.5% contract increase of $1,998. 2. As provided in Section 2000, 2.0, contract terms; the City and Contractor agree to extend the term of the contract for the first (1) one-year extension, commencing on July 1, 2025, through June 30, 2026. ******************************************************************************************************************* ****************************************************************************************************************************** ON-CALL SERVICES SPENDING AUTHORITY On-call services is not guaranteed work, and must be requested and approved by the Contract Officer in advance. Work may include, but are not limited to electrical repairs, LED conversions, new lighting installation, meter pedestal / panel replacements, electrical panel upgrades, etc. for services outside the scope of the contract. ****************************************************************************************************************************** By reason of this change order the time of completion is adjusted as follows: 365-days added/deleted to contract time. The start date for these services shall be: July 1, 2025 ****************************************************************************************************************************** Contract for FY 2024/25 $ 79,927 Change Order No. 1 for FY 2025/26 (includes 2.5% CPI annual increase) $ 81,925 Revised Agreement Total $161,852 Valid for FY 2024/25 (approved 6/18/24) $ 200,000 Valid for FY 2025/26 (approved 4/15/25)$ 150,000 ATTACHMENT 1 248 Submitted By: Date: Approved By: Date: ******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: _President/CEO Print Name:__Joel Hunter_______Print Company: Horizon Lighting, Inc.____________ 249 250 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH VINTAGE ASSOCIATES, INC FOR SILVERROCK LANDSCAPE MAINTENANCE PROJECT NO. 2023-31 AND ON-CALL MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE SERVICES RECOMMENDATION Receive and file Change Order No. 1 to contract with Vintage Associates, Inc. for SilverRock Landscape Maintenance Services Project No. 2023-31 and on-call maintenance services for fiscal year 2025/26 and related compensation; and authorize the Public Works Department to utilize Vintage Associates, Inc. as a select source for on-call maintenance serivices. EXECUTIVE SUMMARY The City contracts landscape maintenance services (LMS) for public parks, medians, parkways, and retention basins throughout the City. Section 1240 of the contract also allows for extra work for landscape renovation and improvements on an on-call, as needed basis. On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Vintage Associates, Inc. (Vintage) was awarded a contract for SilverRock (SRR) landscape maintenance services based on their qualifications and experience; and approved for additional spending authority of up to $200,000 in fiscal year (FY) 2024/25. On April 15, 2025, Council approved additional spending authority for Vintage of up to $150,000 in FY 2025/26 for on-call landscape maintenance services, on an as needed basis. FISCAL IMPACT On June 18, 2024, Council approved a 3-year contract with Vintage, to be executed as 1- year terms based on satisfactory performance by the contractor, a 5% contingency, and additional spending authority for on-call services for FY 2024/25 as detailed in the table below. To date, $106,048 has been expended for on-call LMS services at city-owned properties for removal of dead trees, plant replacement, and weed abatement at city-owned properties. CONSENT CALENDAR ITEM NO. 15 251 On April 15, 2025, Council approved additional spending authority for Vintage of up to $200,000 in FY 2025/26 for on-call LMS at city-owned properties, on an as needed basis. Funds will be budgeted in FY 2025/26 and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691 and 215-7004-60673; and Parks 101-3005-60691 for landscape maintenance, renovation, weed abatement, tree removal, and storm damage cleanup of city-owned property). On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of of landscape maintenance and improvements in areas with aged and deferred landscape maintenance. Work may generally include modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc. *Actuals to date as of April 30, 2025 Annual LMS cost are allocated between 3 fund accounts and will be included in FY 2025/26 budget as follows: Fund Account FY 2025/26 Park Fund (101-3005-60112) $174,430 L&L Fund (215-7004-60112) $ 63,087 SilverRock Perimeter (215-7004-60143) $ 69,753 Change Order No. 1 Total: $307,270 252 BACKGROUND/ANALYSIS The City contracts landscape maintenance for daily, weekly, and monthly maintenance of landscaped areas located within City parks, retention basins, and parkways. The purpose of the SRR LMS is to increase service levels at the SRR Park and landscape improvements at the parkways located on Avenue 52 and Jefferson Street. On April 2, 2024, an RFQ was posted for SRR LMS and on-call maintenance services; 5 proposals were received; and the selection committee recommended contracting with Vintage based on their qualifications and experience. Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as needed basis. On June 18, 2024, Council awarded a contract for SRR LMS to Vintage and approved the above listed budget which included a 5% contingency and additional spending authority for on-call services for FY 2024/25 of up to $300,000. Additional spending authority for potential on-call services must be approved by Council each FY and staff provides an update on extra work completed for the prior FY. On April 15, 2025, staff provided an update of the on-call services completed in FY 2024/25 for SRR LMS. On April 15, 2025, Council approved additional spending authority for Vintage of up to $200,000 in FY 2025/26 for on-call landscape maintenance services, on an as needed basis, for replacement of dead plant materials; weed abatement at City properties such as vacant lots on Main St., wall off Adams St. at the CVWD and IID sites; Avenue 50, east of Jefferson St. non-landscaped median; sidewalk areas citywide; etc.. On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of landscape maintenance and improvements in areas with aged and deferred landscape maintenance. Work may include modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc. Further, staff will continue to seek quotes from other vendors, when applicable per the Purchasing Policy, to ensure quality of services and competitive pricing. In accordance with the contract terms, per Section 1240, subsection (C), the City may authorize a maximum increase per FY based on the local Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario, which for 2024/25 (April to April) was 2.53% Change Order No. 1 with Vintage, included as Attachment 1, extends the term of the contract for FY 2025/26, increases compensation by 2.5% for the term duration in accordance with the contract terms, and reflects the additional spending authority of $200,000 for FY 2025/26. 253 ALTERNATIVES As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative. Prepared by: Monika Radeva, City Clerk Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1.Change Order No. 1 with Vintage 254 Sheet 1 of 1 AGREEMENT: SILVERROCK LANDSCAPE MAINTENANCE SERVICE PROJECT NO. 2023-31 CONTRACTOR: VINTAGE ASSOCIATES, INC. CHANGE ORDER NO. 1 ******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. DESCRIPTION OF CHANGE 1.As provided in Section 1240 - the Contract sum is amended as follows: the total agreement amount of $299,776 is increased to $307,270 which includes a 2.5% increase of $7,494 based on the Riverside County 2025 Consumer Price Index. 2.As provided in Section 2000, 2.0, Contract Terms; the City and Contractor agree to extend the term of the contract for a one-year extension, commencing on July 1, 2025 thru June 30, 2026. ******************************************************************************************************************* ****************************************************************************************************************************** ON-CALL SERVICES SPENDING AUTHORITY On-call services is not guaranteed, and must be requested and approved by the Contract Officer in advance. Work may include, but is not limited to modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc. for services outside the scope of the contract. ******************************************************************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: July 1, 2025 ******************************************************************************************************************* Contract for FY 2024/25 $ 299,776 Change Order No. 1 for FY 2025/26 (includes 2.5% CPI annual increase) $ 307,270 Revised Agreement Total $ 607,046 Valid for FY 2024/25 (approved 6/18/24) $ 300,000 Valid for FY 2025/26 (approved 4/15/25) $ 200,000 ATTACHMENT 1 255 Submitted By: Date: Approved By: Date: ******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: CEO Print Name: Kyle Gritters Print Company: VINTAGE ASSOCIATES, INC 256 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH DESERT CONCEPTS CONSTRUCTION, INC FOR PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2023-30 AND ON-CALL LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE SERVICES RECOMMENDATION Receive and file Change Order No. 1 to contract with Desert Concepts Construction, Inc. for Park Landscape Maintenance Services Project No. 2023-30 and on-call landscape maintenance services for fiscal year 2025/26 and related compensation; and authorize the Public Works Department to utilize Desert Concepts Construction, Inc. as a select source for on-call landscape maintenance services. EXECUTIVE SUMMARY The City contracts landscape maintenance services (LMS) for its parks, civic facilities, and retention areas. Section 1240 of the contract also allows for extra work for landscape renovation and improvements on an on-call, as needed basis. On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Desert Concepts Construction, Inc. (Desert Concepts) was awarded a contract for citywide parks LMS based on their qualifications and experience; and approved for additional spending authority of up to $300,000 in fiscal year (FY) 2024/25. On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 in FY 2025/26 for on-call landscape maintenance services, on an as needed basis. FISCAL IMPACT On June 18, 2024, Council approved a 3-year contract with Desert Concepts, to be executed as 1-year terms based on satisfactory performance by the contractor, a 5% contingency, and additional spending authority for on-call services for FY 2024/25 as detailed in the table below. To date, $151,995 has been expended for leveling sports CONSENT CALENDAR ITEM NO. 16 257 fields, plant and tree replacement in City parks, memorial tree installations, landscape improvements at Civic Center Campus, the Bear Creek Trail, and turf improvements at Seasons and Pioneer dog parks. On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 in FY 2025/26 for on-call services, on an as needed basis, for extra landscape maintenance and renovation work for citywide parks. Funds will be budgeted in FY 2025/26 and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691; Fire Stations 101-2002-60112; Museum 202- 3006-60112; Library 202-3004-60112; Parks 101-3005-60691 for weed abatement, and landscape renovation on City property). On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of maintenance and improvements in areas with aged and deferred landscape maintenance. Work may generally include modifications to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. * Actuals to date as of April 30, 2025 258 Annual LMS costs are allocated between 4 fund accounts and will be included in FY 2025/26 budget as follows: Fund Account FY 2025/26 Park Fund (101-3005-60112) $ 975,397 L&L Fund (215-7004-60112) $ 178,781 Museum Fund (202-3006-60112) $ 21,279 Library Fund (202-3004-60112) $ 34,043 Change Order No. 1 Total: $ 1,209,500 BACKGROUND/ANALYSIS Parks LMS provides daily cleaning and weekly maintenance of all landscaped areas located around civic facilities and within City parks, trails, natural areas, and retention basins. On April 2, 2024, an RFQ was posted for LMS and on-call landscape maintenance services; 3 proposals were received; and the selection committee recommended contracting with Desert Concepts based on their qualifications and experience. Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as needed basis. On June 18, 2024, Council awarded a contract for LMS for citywide parks to Desert Concepts and approved the above listed budget which included a 5% contingency and additional spending authority for on-call services for FY 2024/25 of up to $300,000. Additional spending authority for potential on-call services must be approved by Council each FY and staff provides an update on extra work completed for the prior FY. On April 15, 2025, staff provided an update for FY 2024/25 on-call services for LMS included leveling sports fields, plant and tree replacement in City parks, memorial tree installations, landscape improvements at Civic Center Campus, the Bear Creek Trail, and turf improvements at Seasons and Pioneer dog parks. On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 in FY 2025/26 for on-call services, on an as needed basis, for landscape improvements at various locations citywide, including but not limited to Washington Street. parkway at Point Happy residential development to St. Francis of Assisi; center medians improvements along Washington Street, Avenues 48 and 50, and Adams Street; unanticipated services due to car accidents in the medians, replacement of dead plant materials; etc. On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of maintenance and improvements in areas with aged and deferred landscape maintenance. Work may 259 generally include landscape restoration with modifications to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. Further, staff will continue to seek quotes from other vendors, when applicable per the Purchasing Policy, to ensure quality of services and competitive pricing. In accordance with the contract terms, per Section 1240, subsection (C), the City may authorize a maximum increase per FY based on the local Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario, which for 2024/25 (April to April) was 2.53%. Change Order No. 1 with Desert Concepts, included as Attachment 1, extends the term of the contract for FY 2025/26, increases compensation by 2.5% for the term duration in accordance with the contract terms, and reflects the additional spending authority of $300,000 for FY 2025/26. ALTERNATIVES As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative. Prepared by: Monika Radeva, City Clerk Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 1 with Desert Concepts 260 Sheet 1 of 1 AGREEMENT: CITYWIDE PARK LANDSCAPE MAINTENTANCE SERVICE PROJECT NO. 2023-30 CONTRACTOR: DESERT CONCEPTS CONSTRUCTION, INC. CHANGE ORDER NO. 1 ******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. DESCRIPTION OF CHANGE 1.As provided in Section 1240 - the Contract sum is amended as follows: the total agreement amount of $1,180,000 is increased to $1,209,500 which includes a 2.5% increase of $29,500. 2.As provided in Section 2000, 2.0, Contract Terms; the City and Contractor agree to extend the term of the contract for the first one-year extension, commencing on July 1, 2025, through June 30, 2026. ******************************************************************************************************************* ****************************************************************************************************************************** ON-CALL SERVICES SPENDING AUTHORITY On-call services is not guaranteed, and must be requested and approved by the Contract Officer in advance. Work may include, but is not limited to landscape restoration with modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. for services outside the scope of the contract. ******************************************************************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: July 1, 2025 ******************************************************************************************************************* Contract for FY 2024/25 $ 1,180,000 Change Order No. 1 for FY 2025/26 (includes 2.5% CPI annual increase) $ 1,209,500 Revised Agreement Total $ 2,389,500 Valid for FY 2024/25 (approved 6/18/24) $ 300,000 Valid for FY 2025/26 (approved 4/15/25) $ 300,000 ATTACHMENT 1 261 Submitted By: Date: Approved By: Date: ******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: President Print Name: Julio Castro Print Company: DESERT CONCEPTS C ONSTRUCTION, INC_ 262 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 2 TO CONTRACT WITH DESERT CONCEPTS CONSTRUCTION, INC FOR CITYWIDE LANDSCAPE MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 PROJECT NO. 2023-28 AND ON-CALL LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE SERVICES RECOMMENDATION Receive and file Change Order No. 2 to contract with Desert Concepts Construction, Inc. for Citywide Landscape Maintenance Services within the Landscape and Lighting Assessment District 89-1 Project No. 2023-28 and on-call landscape maintenance services for fiscal year 2025/26 and related compensation; and authorize the Public Works Department to utilize Desert Concepts Construction, Inc. as a select source for on-call landscape maintenance services. EXECUTIVE SUMMARY The City contracts landscape maintenance services (LMS) for public medians, parkways, retention basins, and fire stations throughout the City. Section 1240 of the contract also allows for extra work for landscape renovation and improvements on an on-call, as needed basis. On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Desert Concepts Construction, Inc. (Desert Concepts) was awarded a contract for LMS for the Landscape and Lighting Assessment District 89-1 (L&L) based on their qualifications and experience; and approved for additional spending authority of up to $300,000 in fiscal year (FY) 2024/25. On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 for FY 2025/26 for on-call LMS, on an as needed basis. FISCAL IMPACT On June 18, 2025, Council approved a 3-year contract with Desert Concepts, to be executed as 1-year terms based on satisfactory performance by the contractor, a 5% contingency, and additional spending authority for on-call services for FY 2024/25 as detailed in the table below. To date, $222,543 has been expended for plant replacement on Miles Avenue, Adams Street, Calle Tampico, Eisenhower Drive, the Village Streets, and landscape restoration of median CONSENT CALENDAR ITEM NO. 17 263 islands on Highway 111 from Washington Street to Jefferson Street, and is continuing on Avenue 52 from the entrance to SilverRock Park to Jefferson Street. On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 in FY 2025/26 for on-call services, on an as needed basis, for extra landscape maintenance and renovation work outside of the L&L areas. Funds will be budgeted in FY 2025/26 and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691; Fire Stations 101-2002-60112; Museum 202-3006-60112; Library 202-3004-60112; Parks 101-3005-60691 for weed abatement, and landscape renovation on City property). On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of maintenance and improvements in areas with aged and deferred landscape maintenance. Work may generally include landscape restoration with modifications to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. * Actuals to date as of April 30, 2025 264 Annual L&L AD 89-1 LSM cost are allocated between 2 fund accounts and will be included in FY 2025/26 budget as follows: Fund Account FY 2025/26 L&L (215-7004-60112) $ 1,355,131 Fire Stations (101-2002-60112) $ 61,500 Change Order No. 2 Total: $ 1,416,631 BACKGROUND/ANALYSIS The City contracts citywide LMS within the L&L for daily, weekly and monthly maintenance of all landscaped areas located within the City’s rights-of-way and Fire Stations. On April 2, 2024, an RFQ was posted for L&L LMS and on-call landscape maintenance services; 3 proposals were received; and the selection committee recommended contracting with Desert Concepts based on their qualifications and experience. Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an on- call, as-needed basis. On June 18, 2024, Council awarded a contract for L&L LMS to Desert Concepts for the L&L and approved the above listed budget which included a 5% contingency and additional spending authority for on-call services for FY 2024/25 of up to $300,000. Change Order No. 1 was executed effective November 1, 2024, to add maintenance of Vista Coralina Land retention basin and center median island for a total not to exceed amount of $5,533 in FY 2024/25, prorated for 10 months. This work will be permanently included in the annual scope of work for this contract going forward at a not to exceed annual amount of $8,299. Additional spending authority for potential on-call services must be approved by Council each FY and staff provides an update on extra work completed for the prior FY. On April 15, 2025, staff provided an update that FY 2024/2 on-call services for LMS included plant replacement on Miles Avenue, Adams Street, Calle Tampico, Eisenhower Drive, the Village Streets, and landscape restoration of median islands on Highway 111 from Washington Street to Jefferson Street and is continuing on Avenue 52 from the entrance to SilverRock to Jefferson Street. On April 15, 2025, Council approved additional spending authority for Desert Concepts for up to $300,000 in FY 2025/26 for on-call services, on an as needed basis, which are anticipated to include field improvements at the Sprots Complex (infields and outfields); La Quinta Park landscape improvements at the parking lot, perimeter landscape, and leveling the infields at the baseball fields; assistance with installation of safety fill at various playgrounds; unanticipated services related to vandalism repair, replacement of dead plant materials; etc. 265 On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of maintenance and improvements in areas with aged and deferred landscape maintenance. Work may generally include landscape restoration with modifications to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, and irrigation repair and assessments. Further, staff will continue to seek quotes from other vendors, when applicable per the Purchasing Policy, to ensure quality of services and competitive pricing. In addition, due to removal of palm trees on Eisenhower Drive, Avenida Obregon and Montezuma in 2024, there will be an annual maintenance cost reduction of $6,375 effective FY 2025/26. In accordance with the contract terms, per Section 1240, subsection (C), the City may negotiate, and authorize a maximum increase per FY based on the local Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario, which for 2024/25 (April to April) was 2.53%. Change Order No. 2 with Desert Concepts, included as Attachment 1: a) Extends the term of the contract for FY 2025/26, b) Reduces compensation by $6,375 effective FY 2025/26 due to the removal of a number of palm trees, c) Increases compensation by 2.5% for the term duration in accordance with the contract terms, and d) Reflects the additional spending authority of $300,000 for FY 2025/26. ALTERNATIVES As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative. Prepared by: Monika Radeva, City Clerk Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 2 with Desert Concepts 266 Sheet 1 of 1 AGREEMENT: CITYWIDE LANDSCAPE MAINTENANCE SERVICES, LANDSCAPE AND LIGHTING DISTRICT 89-1 PROJECT NO. 2023-28 CONTRACTOR: DESERT CONCEPTS CONSTRUCTION, INC. CHANGE ORDER NO. 2 ******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. ******************************************************************************************************************* DESCRIPTION OF CHANGE 1. Contract sum is amended as follows: the total contract amount is comprised of (1) FY 2024/25 total of $1,385,533 [(a) L&L AD 89-1 landscape maintenance (LMS) of $1,380,000, and (b) increase of $5,533, prorated for 10 months, via Change Order 1 to include maintenance of Vista Coraline retention basin and center median island]; and (2) FY 2025/26 total of $1,416,631 [(a) L&L AD 89-1 LMS of $1,380,000, (b) Vista Coralina Ln additional areas for $8,299, (c) reduction of ($6,375) due to a palm trees removal, and (d) CPI increase of 2.5% of $34,707 per Section 1240, subsection (C). 2. As provided in Section 2000, 2.0, contract terms; the City and Contractor agree to extend the term of the contract for the second one-year extension, commencing on July 1, 2025, through June 30, 2026. ******************************************************************************************************************* Contract for FY 2024/25 L&L AD 89-1 landscape maintenance $ 1,380,000 Change Order No. 1 for FY 2024/25 (effective 11/1/2024, prorated 10 months) To include Vista Coralina Ln. retention basin & center median island $ 5,533 Change Order No. 2 for FY 2025/26 L&L AD 89-1 landscape maintenance Vista Coralina Ln retention basin & center median island Palm trees removal annual maintenance reduction CPI 2.5% $1,416,631 $1,380,000 $ 8,299 $ (6,375) $ 34,707 Revised Agreement Total $ 2,802,164 ATTACHMENT 1 267 ****************************************************************************************************************************** ON-CALL SERVICES SPENDING AUTHORITY On-call services is not guaranteed work, and must be requested and approved by the Contract Officer in advance. Work may include, but is not limited to landscape restoration with modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. for services outside the scope of the contract. ******************************************************************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: July 1, 2025 Submitted By: Date: Approved By: Date: ******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays. Accepted By: Title: President Print Name:__Julio Castro__Print Company:__DESERT CONCEPTS CONSTRUCTION, INC Valid for FY 2024/25 (approved 6/18/24) $ 300,000 Valid for FY 2025/26 (approved 4/15/25) $ 300,000 268 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2025 RECOMMENDATION Receive and file revenue and expenditure report dated January 31, 2025. EXECUTIVE SUMMARY •The report summarizes the City’s year-to-date (YTD) and month-to-date (MTD) revenues and expenditures for January 2025 (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 2024 for fiscal year 2024/25. Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year, including any carryovers from fiscal year 2023/24. 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. 18 269 MTD YTD Percent of Budget YTD Percent of Budget General Fund (GF)$9,080,873 $37,830,906 43.13% $27,038,689 34.45% All Funds $20,211,563 $63,176,275 29.05% $62,070,114 32.00% MTD YTD YTD Percent of Budget YTD Percent of Budget General Fund $7,108,962 $31,591,251 29.77% $25,199,937 25.45% Payroll (GF)$1,210,232 $6,765,861 47.88% $6,758,820 50.48% All Funds $10,334,797 $75,195,725 31.24% $70,794,239 31.02% January 2025 Revenues Comparison to 2024 January 2025 Expenditures Comparison to 2024 General Fund Non-General Fund Property Tax 4,086,534$ County Government Revenue(1)5,142,612$ Transient Occupancy Tax (TOT)1,291,831$ Gas Tax 690,474$ Measure G Sales Tax 1,227,920$ SilverRock Green Fees 677,745$ Sales Tax 972,725$ Lighting and Landscape District Assessments 529,863$ CSA-152 Assessments 567,236$ Allocated Interest 480,127$ General Fund Non-General Fund Sheriff Contract (Oct/Nov)1,155,382$ Capital Improvement Program - Construction(2)1,373,515$ Contingency for Operations 252,592$ Lighting & Landscape Maintenance Contract 240,586$ Visit Greater Palm Springs 98,443$ Affordable Housing Project Development 232,299$ X-Park Programming 96,408$ SilverRock Golf Course Maintenance 205,858$ Parks Landscape Maintenance Contract 93,482$ Machinery & Equipment 126,500$ Top Five Revenue/Income Sources for January Top Five Expenditures/Outlays for January (1)Dedicated revenue from the Redevelopment Property Tax Trust Fund (RPTTF) for Successor Agency s emi- annual debt s ervice obligations. (2)CIP Construction: pavement m anagement program; Dune Palms bridge Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director Attachment: 1. Revenue and Expenditure Report for January 31, 2025 270 For Fiscal: 2024/25 Period Ending: 01/31/2025 Page 1 of 3 Revenue Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 37,830,9069,080,87382,714,300 87,707,804 -49,876,898 43.13% 105 - DISASTER RECOVERY FUND -12,424030,000 30,000 -42,424 41.41% 201 - GAS TAX FUND 1,533,269690,4742,589,000 2,589,000 -1,055,731 59.22% 202 - LIBRARY & MUSEUM FUND 656,5375713,143,000 3,143,000 -2,486,463 20.89% 203 - PUBLIC SAFETY FUND (MEASURE G)-22805,000 5,000 -5,228 4.55% 210 - FEDERAL ASSISTANCE FUND -30190,000 190,000 -190,003 0.00% 212 - SLESA (COPS) FUND 127,2588,333103,000 103,000 24,258 123.55% 215 - LIGHTING & LANDSCAPING FUND 3,073,3613,049,3944,000,500 4,000,500 -927,139 76.82% 221 - AB 939 - CALRECYCLE FUND 22,4888,09380,000 80,000 -57,512 28.11% 223 - MEASURE A FUND 736,424141,0382,025,000 2,025,000 -1,288,576 36.37% 225 - INFRASTRUCTURE FUND -2401,000 1,000 -1,024 2.41% 00226 - EMER. MNGMNT PERFORMANCE GRANT 3,000 13,000 -13,000 0.00% 00227 - STATE HOMELAND SECURITY PROGRAMS 5,500 5,500 -5,500 0.00% 230 - CASp FUND, AB 1379 9,8951,79621,000 21,000 -11,105 47.12% 231 - SUCCESSOR AGCY PA 1 RORF 5,170,1035,142,68620,260,000 20,260,000 -15,089,897 25.52% 235 - SO COAST AIR QUALITY FUND 12,885054,500 54,500 -41,615 23.64% 237 - SUCCESSOR AGCY PA 1 ADMIN -233013,820 13,820 -14,053 1.69% 241 - HOUSING AUTHORITY 708,28188,8821,452,000 1,452,000 -743,719 48.78% 243 - RDA LOW-MOD HOUSING FUND -5,289060,000 60,000 -65,289 8.82% 244 - HOUSING GRANTS (Multiple)67,475000 67,475 0.00% 247 - ECONOMIC DEVELOPMENT FUND 1,998040,000 40,000 -38,002 4.99% 55,3314,483249 - SA 2011 LOW/MOD BOND FUND 18,000 18,000 37,331 307.39% 250 - TRANSPORTATION DIF FUND 247,09112,027540,000 540,000 -292,909 45.76% 251 - PARKS & REC DIF FUND 67,5086,318253,000 253,000 -185,492 26.68% 252 - CIVIC CENTER DIF FUND 46,3923,690103,000 103,000 -56,608 45.04% 253 - LIBRARY DEVELOPMENT DIF 13,1011,19150,000 50,000 -36,899 26.20% 30,2282,868254 - COMMUNITY & CULTURAL CNTRS DIF 105,000 105,000 -74,772 28.79% 255 - STREET FACILITY DIF FUND -10001,000 1,000 -1,100 10.04% 256 - PARK FACILITY DIF FUND -90100100 -109 9.45% 257 - FIRE PROTECTION DIF 13,7371,10753,000 53,000 -39,263 25.92% 259 - MAINTENANCE FACILITIES DIF FUND 16,89993947,000 47,000 -30,101 35.96% 270 - ART IN PUBLIC PLACES FUND 88,85150,736158,000 158,000 -69,149 56.23% 275 - LQ PUBLIC SAFETY OFFICER 1,9312,0003,000 3,000 -1,069 64.37% 299 - INTEREST ALLOCATION FUND 4,578,360480,12700 4,578,360 0.00% -101,500 -1,501 0.07% 1,304,0110 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500 401 - CAPITAL IMPROVEMENT PROG. 27,218,109 82,703,042 -81,399,031 1.58% 405 - SA PA 1 CAPITAL IMPRV FUND -80500500 -508 1.51% 501 - FACILITY & FLEET REPLACEMENT 741,11801,705,000 1,705,000 -963,882 43.47% 502 - INFORMATION TECHNOLOGY 1,569,96311,1062,276,708 2,276,708 -706,745 68.96% 503 - PARK EQUIP & FACILITY FUND 495,4140500,000 500,000 -4,586 99.08% 504 - INSURANCE FUND 680,50801,363,230 1,363,230 -682,722 49.92% 601 - SILVERROCK RESORT 2,823,2831,253,1685,484,500 5,484,500 -2,661,217 51.48% 602 - SILVERROCK GOLF RESERVE 87,11888,00098,000 98,000 -10,882 88.90% 760 - SUPPLEMENTAL PENSION PLAN 4,9125,0007,000 7,000 -2,088 70.17% 761 - CERBT OPEB TRUST 72,353040,000 40,000 32,353 180.88% 762 - PARS PENSION TRUST 305,60576,662200,000 200,000 105,605 152.80% Report Total:20,211,563 63,176,275157,026,267 217,504,704 -154,328,429 29.05% ATTACHMENT 1 Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers. 271 For Fiscal: 2024/25 Period Ending: 01/31/2025 Page 2 of 3 Expenditure Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 31,591,2517,108,96283,331,665 106,123,185 74,531,933 29.77% 105 - DISASTER RECOVERY FUND 4,993,50400 4,993,504 0 100.00% 201 - GAS TAX FUND 1,706,500153,1063,443,100 5,749,202 4,042,703 29.68% 202 - LIBRARY & MUSEUM FUND 1,054,99029,3452,555,615 5,010,360 3,955,370 21.06% 203 - PUBLIC SAFETY FUND (MEASURE G)000 20,376 20,376 0.00% 210 - FEDERAL ASSISTANCE FUND 00198,500 198,500 198,500 0.00% 212 - SLESA (COPS) FUND 75,0149,017100,000 100,000 24,986 75.01% 215 - LIGHTING & LANDSCAPING FUND 2,170,604358,5903,957,700 4,532,700 2,362,096 47.89% 220 - QUIMBY FUND 000 262,685 262,685 0.00% 221 - AB 939 - CALRECYCLE FUND 53,5557,000200,000 200,000 146,445 26.78% 223 - MEASURE A FUND 149,01702,335,000 4,456,986 4,307,969 3.34% 11,3730226 - EMER.MNGMNT PERF. GRANT 12,000 12,000 627 94.78% 4,2044,204227 - STATE HOMELAND SECURITY PROG. 5,000 5,000 796 84.08% 230 - CASp FUND, AB 1379 005,500 5,500 5,500 0.00% 231 - SUCCESSOR AGCY PA 1 RORF 15,050,68004,452,755 4,452,755 -10,597,925 338.01% 235 - SO COAST AIR QUALITY FUND 4,203040,000 40,000 35,797 10.51% 237 - SUCCESSOR AGCY PA 1 ADMIN 1,600010,000 10,000 8,400 16.00% 241 - HOUSING AUTHORITY 883,266116,3031,715,440 1,965,440 1,082,174 44.94% 243 - RDA LOW-MOD HOUSING FUND 300,8000250,000 350,000 49,200 85.94% 247 - ECONOMIC DEVELOPMENT FUND 4,494031,500 31,500 27,006 14.27% 539,404232,299249 - SA 2011 LOW/MOD BOND FUND 250,000 657,003 117,599 82.10% 250 - TRANSPORTATION DIF FUND 400,45401,579,109 2,837,567 2,437,114 14.11% 251 - PARKS & REC DIF FUND 62,57300 843,615 781,042 7.42% 252 - CIVIC CENTER DIF FUND 000 249,925 249,925 0.00% 253 - LIBRARY DEVELOPMENT DIF 5,617015,000 15,000 9,383 37.45% 00625,000 625,000 0.00% 00280,000 280,000 0.00% 73,57113,568741,799 668,228 9.92% 001,500 1,500 0.00% 8,583,4051,497,404 254 -COMMUNITY & CULTURAL CNTRS 500,000 259 - MAINTENANCE FACILITIES DIF FUND 100,000 270 - ART IN PUBLIC PLACES FUND 233,000 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500 401 - CAPITAL IMPROVEMENT PROG. 27,218,109 80,726,566 72,143,161 10.63% 501 - FACILITY & FLEET REPLACEMENT 1,249,024163,5601,628,750 2,665,364 1,416,340 46.86% 502 - INFORMATION TECHNOLOGY 1,510,713116,6863,217,945 3,367,945 1,857,232 44.86% 503 - PARK EQUIP & FACILITY FUND 625,61513,0002,000,000 2,700,000 2,074,385 23.17% 504 - INSURANCE FUND 1,045,7516691,058,000 1,058,000 12,249 98.84% 601 - SILVERROCK RESORT 3,011,148508,2685,365,000 5,365,000 2,353,852 56.13% 760 - SUPPLEMENTAL PENSION PLAN 12,833012,850 12,850 17 99.87% 761 - CERBT OPEB TRUST 82001,500 1,500 680 54.66% 762 - PARS PENSION TRUST 19,7402,81830,000 30,000 10,260 65.80% Report Total:10,334,797 75,195,725145,854,538 240,698,327 165,502,602 31.24% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers. 272 Fund #Name Notes 101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund. 105 Disaster Recovery Fund Accounts for use of one-time federal funding designed to deliver relief to American workers and aid in the economic recovery iin the wake of COVID-19. The American Rescue Plan Act (ARPA) was passed by Congress in 2021 to provide fiscal recovery funds to state and local governments. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street-related expenditures. 202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources. 212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities. Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources. 220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements. 221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts. Assembly Bill (AB) 939. 223 Measure A Fund County sales tax allocations which are restricted to street-related expenditures. 224 TUMF Fund Developer-paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside County. 225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City’s infrastructure as defined by Resolution 226 Emergency Mgmt. Performance Grant (EMPG)Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP)Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assembly Bill (AB) 1379 and Senate Bill (SB) 1186. 231 Successor Agency PA 1 RORF Fund Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recognized obligations of the former Redevelopment Agency (RDA). 235 SO Coast Air Quality Fund (AB2766, PM10)Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill (AB) 2766. 237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule (ROPS) associated with the former Redevelopment Agency (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low-Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing. Accounts for RDA loan repayments (20% for Housing) and housing programs,. 244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development. 247 Economic Development Fund Proceeds from sale of City-owned land and transfers from General Fund for future economic development. 249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 259 Maintenance Facilities DIF Fund Developer impact fees collected for specific public improvements - maintenance facilities. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks. 275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty. 299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority’s outstanding debt and any related reporting requirements. This bond was fully paid in October 2018. 401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants. Used for SilverRock infrastructure improvements. 501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city-owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan (PARS Account)Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB)For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account)For all pension-related benefits and unfunded liabilities. Fund Descriptions Page 3 of 3 273 274 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2025 RECOMMENDATION Receive and file revenue and expenditure report dated February 28, 2025. EXECUTIVE SUMMARY •The report summarizes the City’s year-to-date (YTD) and month-to-date (MTD) revenues and expenditures for February 2025 (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 2024 for fiscal year 2024/25. Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year, including any carryovers from fiscal year 2023/24. 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. 19 275 Revenues are not received uniformly throughout the year, resulting in peaks and valleys. For example, large property tax payments are usually received in December and May. Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings. Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director Attachment: 1. Revenue and Expenditure Report for February 28, 2025 MTD YTD YTD Percent of Budget YTD Percent of Budget General Fund (GF)$8,254,853 $46,085,759 52.54% $37,678,968 48.01% All Funds $10,227,929 $73,404,204 33.75% $75,505,132 38.32% MTD YTD Percent of Budget YTD Percent of Budget General Fund $4,828,037 $36,419,289 34.32% $30,147,734 30.45% Payroll (GF)$892,221 $7,658,082 54.20% $7,945,338 59.34% All Funds $7,361,926 $82,557,651 34.30% $78,437,411 34.37% February 2025 Revenues Comparison to 2024 February 2025 Expenditures Comparison to 2024 General Fund Non-General Fund Property Tax in lieu of Vehicle License Fees 2,992,984$ SilverRock Green Fees 610,028$ Measure G Sales Tax 1,673,290$ Allocated Interest 553,295$ Sales Tax 1,305,532$ County Sales Tax (Measure A)215,394$ Transient Occupancy (Hotel) Tax 1,455,078$ Gas Tax 178,154$ Fire Service Credit 162,636$ Housing Authority Rent Revenue 92,328$ General Fund Non-General Fund Sheriff Contract (Nov.-Dec.-Jan)2,403,095$ Capital Improvement Program - Construction(1)916,031$ Contingency for Operations 695,527$ SilverRock Golf Course Maintenance 215,560$ Contract Legal Services 167,158$ Capital Improvement Program - Design(2)208,422$ Parks Landscape Maintenance 93,482$ Lighting & Landscape Maintenance Contract 130,125$ Marketing and Tourism Promotions 83,687$ Capital Improvement Program - Professional Services(3)103,647$ Top Five Revenue/Income Sources for February Top Five Expenditures/Outlays for February (1)CIP Construction: Dune Palms bridge. (2)CIP Design: Design services associated with multiple ongoing projects including Highway 111 corridor, Avenue 50 bridge, and the cultural campus. (3)CIP Professional Services: Consulting expenses associated with multiple ongoing capital improvement projects. 276 For Fiscal: 2024/25 Period Ending: 02/28/2025 Page 1 of 3 Revenue Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 46,085,7598,254,85382,714,300 87,707,804 -41,622,045 52.54% 105 - DISASTER RECOVERY FUND -12,424030,000 30,000 -42,424 41.41% 201 - GAS TAX FUND 1,711,423178,1542,589,000 2,589,000 -877,577 66.10% 202 - LIBRARY & MUSEUM FUND 656,9614253,143,000 3,143,000 -2,486,039 20.90% 203 - PUBLIC SAFETY FUND (MEASURE G)-22805,000 5,000 -5,228 4.55% 210 - FEDERAL ASSISTANCE FUND -30190,000 190,000 -190,003 0.00% 212 - SLESA (COPS) FUND 135,5918,333103,000 103,000 32,591 131.64% 215 - LIGHTING & LANDSCAPING FUND 3,073,36104,000,500 4,000,500 -927,139 76.82% 221 - AB 939 - CALRECYCLE FUND 22,488080,000 80,000 -57,512 28.11% 223 - MEASURE A FUND 951,817215,3942,025,000 2,025,000 -1,073,183 47.00% 225 - INFRASTRUCTURE FUND -2401,000 1,000 -1,024 2.41% 0013,000 -13,000 0.00% 00 226 - EMERGENCY MGMT PERFORMANCE 13,000 227-STATE HOMELAND SECURITY PROGRAMS 5,500 5,500 -5,500 0.00% 230 - CASp FUND, AB 1379 11,5791,68421,000 21,000 -9,421 55.14% 231 - SUCCESSOR AGCY PA 1 RORF 5,170,1757220,260,000 20,260,000 -15,089,825 25.52% 235 - SO COAST AIR QUALITY FUND 12,885054,500 54,500 -41,615 23.64% 237 - SUCCESSOR AGCY PA 1 ADMIN -233013,820 13,820 -14,053 1.69% 241 - HOUSING AUTHORITY 811,908103,6271,452,000 1,452,000 -640,092 55.92% 243 - RDA LOW-MOD HOUSING FUND -5,289060,000 60,000 -65,289 8.82% 244 - HOUSING GRANTS (Multiple)67,475000 67,475 0.00% 247 - ECONOMIC DEVELOPMENT FUND 1,998040,000 40,000 -38,002 4.99% 55,3310249 - SA 2011 LOW/MOD BOND FUND 18,000 18,000 37,331 307.39% 250 - TRANSPORTATION DIF FUND 337,97390,882540,000 540,000 -202,027 62.59% 251 - PARKS & REC DIF FUND 78,03810,530253,000 253,000 -174,962 30.84% 252 - CIVIC CENTER DIF FUND 57,13110,739103,000 103,000 -45,869 55.47% 253 - LIBRARY DEVELOPMENT DIF 15,0861,98550,000 50,000 -34,914 30.17% 35,0084,780254 - COMMUNITY & CULTURAL CENTERS 105,000 105,000 -69,992 33.34% 255 - STREET FACILITY DIF FUND -10001,000 1,000 -1,100 10.04% 256 - PARK FACILITY DIF FUND -90100100 -109 9.45% 257 - FIRE PROTECTION DIF 16,9093,17353,000 53,000 -36,091 31.90% 259 - MAINTENANCE FACILITIES DIF FUND 22,5175,61847,000 47,000 -24,483 47.91% 270 - ART IN PUBLIC PLACES FUND 113,60924,758158,000 158,000 -44,391 71.90% 275 - LQ PUBLIC SAFETY OFFICER 1,93103,000 3,000 -1,069 64.37% 299 - INTEREST ALLOCATION FUND 5,131,656553,29500 5,131,656 0.00% -101,500 -1,501 0.07% 1,304,0110 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500 401 - CAPITAL IMPROVEMENT PROGRAM 27,218,109 82,703,042 -81,399,031 1.58% 405 - SA PA 1 CAPITAL IMPRV FUND -80500500 -508 1.51% 501 - FACILITY & FLEET REPLACEMENT 741,11801,705,000 1,705,000 -963,882 43.47% 502 - INFORMATION TECHNOLOGY 1,579,7029,7392,276,708 2,276,708 -697,006 69.39% 503 - PARK EQUIP & FACILITY FUND 495,4140500,000 500,000 -4,586 99.08% 504 - INSURANCE FUND 680,50801,363,230 1,363,230 -682,722 49.92% 601 - SILVERROCK RESORT 3,505,218681,9355,484,500 5,484,500 -1,979,282 63.91% 602 - SILVERROCK GOLF RESERVE 87,118098,000 98,000 -10,882 88.90% 760 - SUPPLEMENTAL PENSION PLAN 4,91207,000 7,000 -2,088 70.17% 761 - CERBT OPEB TRUST 72,353040,000 40,000 32,353 180.88% 762 - PARS PENSION TRUST 373,55867,953200,000 200,000 173,558 186.78% Report Total:10,227,929 73,404,204157,026,267 217,504,704 -144,100,500 33.75% ATTACHMENT 1 Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers. 277 For Fiscal: 2024/25 Period Ending: 02/28/2025 Page 2 of 3 Expenditure Summary Fiscal Activity Variance Favorable (Unfavorable)Fund Period Activity Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 36,419,2894,828,03783,331,665 106,123,185 69,703,896 34.32% 105 - DISASTER RECOVERY FUND 4,993,50400 4,993,504 0 100.00% 201 - GAS TAX FUND 1,768,42161,9223,443,100 5,749,202 3,980,781 30.76% 202 - LIBRARY & MUSEUM FUND 1,090,21635,2262,555,615 5,010,360 3,920,144 21.76% 203 - PUBLIC SAFETY FUND (MEASURE G)000 20,376 20,376 0.00% 210 - FEDERAL ASSISTANCE FUND 00198,500 198,500 198,500 0.00% 212 - SLESA (COPS) FUND 91,86016,846100,000 100,000 8,140 91.86% 215 - LIGHTING & LANDSCAPING FUND 2,428,929258,3243,957,700 4,532,700 2,103,771 53.59% 220 - QUIMBY FUND 000 262,685 262,685 0.00% 221 - AB 939 - CALRECYCLE FUND 58,5715,016200,000 200,000 141,429 29.29% 223 - MEASURE A FUND 149,01702,335,000 4,456,986 4,307,969 3.34% 11,373012,000 627 94.78% 4,2040 226 - EMERGENCY MGMT GRANT 12,000 227 - STATE HOMELAND SECURITY PROGRAMS 5,000 5,000 796 84.08% 230 - CASp FUND, AB 1379 8228225,500 5,500 4,678 14.95% 231 - SUCCESSOR AGCY PA 1 RORF 15,050,68004,452,755 4,452,755 -10,597,925 338.01% 235 - SO COAST AIR QUALITY FUND 4,203040,000 40,000 35,797 10.51% 237 - SUCCESSOR AGCY PA 1 ADMIN 1,600010,000 10,000 8,400 16.00% 241 - HOUSING AUTHORITY 1,011,338128,0721,715,440 1,965,440 954,102 51.46% 243 - RDA LOW-MOD HOUSING FUND 300,8000250,000 350,000 49,200 85.94% 247 - ECONOMIC DEVELOPMENT FUND 4,66116731,500 31,500 26,839 14.80% 539,4040249 - SA 2011 LOW/MOD BOND FUND 250,000 657,003 117,599 82.10% 250 - TRANSPORTATION DIF FUND 400,45401,579,109 2,837,567 2,437,114 14.11% 251 - PARKS & REC DIF FUND 62,57300 843,615 781,042 7.42% 252 - CIVIC CENTER DIF FUND 000 249,925 249,925 0.00% 253 - LIBRARY DEVELOPMENT DIF 5,617015,000 15,000 9,383 37.45% 00625,000 625,000 0.00% 00280,000 280,000 0.00% 79,8026,231741,799 661,997 10.76% 001,500 1,500 0.00% 9,824,5821,241,177 254 - COMMUNITY & CULTURAL CENTERS 500,000 259 - MAINTENANCE FACILITIES DIF FUND 100,000 270 - ART IN PUBLIC PLACES FUND 233,000 310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500 401 - CAPITAL IMPROVEMENT PROGRAM 27,218,109 80,726,566 70,901,984 12.17% 501 - FACILITY & FLEET REPLACEMENT 1,365,333116,3091,628,750 2,665,364 1,300,030 51.23% 502 - INFORMATION TECHNOLOGY 1,606,92296,2093,217,945 3,367,945 1,761,023 47.71% 503 - PARK EQUIP & FACILITY FUND 649,94124,3262,000,000 2,700,000 2,050,059 24.07% 504 - INSURANCE FUND 1,045,158-5931,058,000 1,058,000 12,842 98.79% 601 - SILVERROCK RESORT 3,552,134540,9865,365,000 5,365,000 1,812,866 66.21% 760 - SUPPLEMENTAL PENSION PLAN 12,833012,850 12,850 17 99.87% 761 - CERBT OPEB TRUST 82001,500 1,500 680 54.66% 762 - PARS PENSION TRUST 22,5892,84930,000 30,000 7,411 75.30% Report Total:7,361,926 82,557,651145,854,538 240,698,327 158,140,675 34.30% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers. 278 Fund #Name Notes 101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund. 105 Disaster Recovery Fund Accounts for use of one-time federal funding designed to deliver relief to American workers and aid in the economic recovery iin the wake of COVID-19. The American Rescue Plan Act (ARPA) was passed by Congress in 2021 to provide fiscal recovery funds to state and local governments. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street-related expenditures. 202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources. 212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities. Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources. 220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements. 221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts. Assembly Bill (AB) 939. 223 Measure A Fund County sales tax allocations which are restricted to street-related expenditures. 224 TUMF Fund Developer-paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside County. 225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City’s infrastructure as defined by Resolution 226 Emergency Mgmt. Performance Grant (EMPG)Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP)Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assembly Bill (AB) 1379 and Senate Bill (SB) 1186. 231 Successor Agency PA 1 RORF Fund Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recognized obligations of the former Redevelopment Agency (RDA). 235 SO Coast Air Quality Fund (AB2766, PM10)Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill (AB) 2766. 237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule (ROPS) associated with the former Redevelopment Agency (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low-Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing. Accounts for RDA loan repayments (20% for Housing) and housing programs,. 244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development. 247 Economic Development Fund Proceeds from sale of City-owned land and transfers from General Fund for future economic development. 249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 259 Maintenance Facilities DIF Fund Developer impact fees collected for specific public improvements - maintenance facilities. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks. 275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty. 299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority’s outstanding debt and any related reporting requirements. This bond was fully paid in October 2018. 401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants. Used for SilverRock infrastructure improvements. 501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city-owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan (PARS Account)Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB)For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account)For all pension-related benefits and unfunded liabilities. Fund Descriptions Page 3 of 3279 280 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED APRIL 11 AND 18, 2025 RECOMMENDATION Approve demand registers dated April 11 and 18, 2025. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 4,871,515.77$ Successor Agency of RDA 4,055.00$ Housing Authority 26,632.80$ 4,902,203.57$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for April 11 and 18, 2025. Warrants Issued: 216557-216610 578,244.20$ 216611-216667 2,862,963.02$ EFT 205-208 9,857.08$ Wire Transfers 1,123,211.03$ Payroll Tax Transfers 58,499.17$ Payroll Direct Deposit 269,429.07$ 4,902,203.57$ *Check number 216668, payable to Southern California Gas Company, will be reported on a future Demand Register Report CONSENT CALENDAR ITEM NO. 20 281 Vendor Account Name Amount Purpose Ortiz Enterprises, Inc.Construction $2,370,832.12 Dune Palms Bridge Progress Payment PWLC II, Inc.Tree/Palm Trees Maintenance $191,250.00 Citywide Palm Tree Removal American Business Bank Retention Payable $124,780.63 Dune Palms Bridge Retention Payment Visit Greater Palm Springs VGPS $98,442.73 FY 24/25 City Funding Action Park Alliance, Inc.X-Park Programming $92,742.70 X-Park Operations Services Wire Transfers: Seventeen transfers totaled $1,123,211. Of this amount, $611,760 was to SilverRock Phase 1 LLC for Debtor-in-Possession financing and $232,852 was to Landmark (See Attachment 2 for a complete listing). Investment Transactions: Full details of investment transactions, as well as total holdings, are reported quarterly in the Treasurer’s Report. Prepared by: Jesse Batres, Finance Technician Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers 2.Wire Transfers Transaction Issuer Type Par Value Settle Date Coupon Rate YTM Maturity Capital One Bank USA N.A.CD 245,000$ 4/8/2025 1.600% 1.600% Purchase Federal National Mortgage Assoc.Agency 1,000,000$ 4/9/2025 4.250% 4.250% Purchase Federal Farm Credit Banks Agency 1,000,000$ 4/9/2025 4.000% 3.900% Purchase United States Treasury Treasury Note 1,000,000$ 4/15/2025 3.750% 3.760% Purchase Eagle Bank CD 248,000$ 4/16/2025 4.050% 4.050% Call Federal Home Loan Mortgage Corp Agency 1,000,000$ 4/17/2025 5.600% 5.611% 282 4/24/2025 2:34:42 PM Page 1 of 6 Demand Register City of La Quinta Packet: APPKT04133 - 04/10/25 DR AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 92,742.70X Park Programming04/01-06/30/25 - X-PARK OPERATIONS …216557ACTION PARK ALLIANCE, INC.101-3003-60190 175.00Special Enforcement Funds03/13/25 PHONE PINGS LA250630028216558AT&T 101-2001-60175 10,000.00Boys & Girls Club01/01-03/31/25 - JOINT FACILITY USE216560BOYS & GIRLS CLUB OF COA…101-3001-60135 10,000.00Boys & Girls Club04/01-06/30/25 - JOINT FACILITY USE216560BOYS & GIRLS CLUB OF COA…101-3001-60135 648.00Professional Services04/2025 - STVR HOTLINE216561CENTRAL COMMUNICATIONS 101-6004-60103 120.02Cable/Internet - Utilities03/24-04/23/25 - FS #93 CABLE (4001)216562CHARTER COMMUNICATIONS…101-2002-61400 954.81Contributions to Other Agenc…01/2025 - ARTS AND MUSIC LINE SHARE…216563COACHELLA VALLEY ASSOC O…101-7006-60480 5,407.35Contributions to Other Agenc…01/2025 - ARTS AND MUSIC LINE SHARE…216563COACHELLA VALLEY ASSOC O…101-7006-60480 195.19Contributions to Other Agenc…02/2025 - ARTS AND MUSIC LINE SHARE…216563COACHELLA VALLEY ASSOC O…101-7006-60480 594.63Water -Pioneer Park - UtilitiesWATER SERVICE216564COACHELLA VALLEY WATER D…101-3005-61207 2,123.17Public Safety Camera System…03/2025 - CITYWIDE CAMERA SYSTEM …216565CONVERGINT TECHNOLOGIES…101-2001-60692 3,950.00Professional Services04/2025 - RENTALSCAPE216567DECKARD TECHNOLOGIES, I…101-1005-60103 148.22Materials/SuppliesPAINT SUPPLIES216568DUNN-EDWARDS CORPORAT…101-3008-60431 1,200.00Sexual Assault Exam Fees02/04/25 - SEXUAL ASSAULT EXAM Y25…216569EISENHOWER MEDICAL CEN…101-2001-60193 28.57Postage03/07/25 - OVERNIGHT MAIL216571FEDEX 101-1007-60470 15.71Postage03/22/25 - OVERNIGHT MAIL216571FEDEX 101-1007-60470 12,422.70Street Cleaning/AccidentsEMERGENCY BIO HARZARD CLEAN UP216572FIRSTLINE ENVIRONMENTAL …101-7003-60120 2,329.65Consultants10/01-12/31/24 - AUDIT & SALES TAX C…216575HINDERLITER DE LLAMAS & …101-1006-60104 2,839.75Consultants10/01-12/31/24 - TRANSACTION TAX C…216575HINDERLITER DE LLAMAS & …101-1006-60104 7.47Fire StationFS #32 REFLECTIVE NUMBERS216576HOME DEPOT CREDIT SERVIC…101-2002-60670 134.42Materials/SuppliesALL PURPOSE SAND216576HOME DEPOT CREDIT SERVIC…101-3005-60431 257.09Materials/SuppliesCONCRETE MIX216576HOME DEPOT CREDIT SERVIC…101-3005-60431 317.38Materials/SuppliesCONCRETE RESURFACER & SUPPLIES216576HOME DEPOT CREDIT SERVIC…101-3005-60431 37.83Materials/SuppliesALL PURPOSE SAND216576HOME DEPOT CREDIT SERVIC…101-3005-60431 -64.46Materials/SuppliesREFUND FLAT WASHERS216576HOME DEPOT CREDIT SERVIC…101-3005-60431 17.89Materials/SuppliesSAW BLADES & MARKERS216576HOME DEPOT CREDIT SERVIC…101-3005-60431 46.07Materials/SuppliesSAW BLADES & MARKERS216576HOME DEPOT CREDIT SERVIC…101-3005-60431 183.79Materials/SuppliesPVC FITTINGS216576HOME DEPOT CREDIT SERVIC…101-3005-60431 113.27Materials/SuppliesFLAT WASHERS216576HOME DEPOT CREDIT SERVIC…101-3005-60431 122.50Materials/SuppliesHARDWARE216576HOME DEPOT CREDIT SERVIC…101-3005-60431 43.43Tools/EquipmentSMALL TOOLS216576HOME DEPOT CREDIT SERVIC…101-3005-60432 34.77Tools/EquipmentSMALL TOOLS216576HOME DEPOT CREDIT SERVIC…101-3005-60432 31.52Materials/SuppliesTOILET SEAT216576HOME DEPOT CREDIT SERVIC…101-3008-60431 36.69Materials/SuppliesBATTERIES216576HOME DEPOT CREDIT SERVIC…101-3008-60431 42.30Materials/SuppliesSPRAY PAINT & BUCKET LID216576HOME DEPOT CREDIT SERVIC…101-3008-60431 91.61Materials/SuppliesSPRAY PAINT & PAINT SUPPLIES216576HOME DEPOT CREDIT SERVIC…101-3008-60431 14.33Materials/SuppliesWASHERS & NUTS216576HOME DEPOT CREDIT SERVIC…101-3008-60431 61.40Materials/SuppliesPLUMBING PARTS216576HOME DEPOT CREDIT SERVIC…101-3008-60431 293.53Materials/SuppliesSTRIP LIGHT FIXTURES216576HOME DEPOT CREDIT SERVIC…101-3008-60431 240.30Tools/EquipmentPOWER TOOL & BATTERY216576HOME DEPOT CREDIT SERVIC…101-3008-60432 292.19Tools/EquipmentPOWER TOOL216576HOME DEPOT CREDIT SERVIC…101-3008-60432 70.45Operating SuppliesMORTAR MIX216576HOME DEPOT CREDIT SERVIC…101-7003-60420 100.42Operating SuppliesPAINT & PAINT SUPPLIES216576HOME DEPOT CREDIT SERVIC…101-7003-60420 240.85Operating SuppliesSUPPLIES216576HOME DEPOT CREDIT SERVIC…101-7003-60420 35.82Operating SuppliesGAS CANS & SAW BLADES216576HOME DEPOT CREDIT SERVIC…101-7003-60420 129.20Operating SuppliesFLAT WASHERS216576HOME DEPOT CREDIT SERVIC…101-7003-60420 83.68Operating SuppliesSUPPLIES216576HOME DEPOT CREDIT SERVIC…101-7003-60420 46.71Tools/EquipmentSHOVEL & GLOVES216576HOME DEPOT CREDIT SERVIC…101-7003-60432 113.09Tools/EquipmentSMALL TOOLS216576HOME DEPOT CREDIT SERVIC…101-7003-60432 630.60Electricity - UtilitiesELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-2002-61101 19.06Electric - Monticello Park - Uti…ELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-3005-61102 4,111.57Electric - Sports Complex - Uti…ELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-3005-61106 823.01Electric - Colonel Paige - Utilit…ELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-3005-61108 ATTACHMENT 1 283 Demand Register Packet: APPKT04133 - 04/10/25 DR 4/24/2025 2:34:42 PM Page 2 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 7,556.83Electric - Community Park - U…ELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-3005-61109 56.87Electric - Adams Park - Utiliti…ELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-3005-61110 24.39Electric - Eisenhower Park - U…ELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-3005-61113 19.06Electric - Desert Pride - Utiliti…ELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-3005-61114 12,670.59Electricity - UtilitiesELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 101-3008-61101 100.00Consultants/Employee Servic…03/31/25 - DMV DOT RECERTIFICATION216579INDUSTRIAL HEALTH MEDICA…101-1004-60104 10,175.00Sponsorships/Advertising2025 DESERT RODEO SPONSORSHIP216581JNS MEDIA SPECIALISTS 101-3007-60450 7,020.00AuditorsFY 23/24 SINGLE AUDIT PROGRESS BILL216582LANCE, SOLL, & LUNGHARD L…101-1006-60106 1,350.00Professional ServicesFY 23/24 LEASE/SBITA ASSISTANCE216582LANCE, SOLL, & LUNGHARD L…101-1006-60103 103.29Maintenance/ServicesRECESSED DOWNLIGHTS216583LOWE'S HOME IMPROVEME…101-2002-60691 23.94Operating SuppliesNUMBERS216583LOWE'S HOME IMPROVEME…101-3002-60420 209.57Materials/SuppliesPAVER SAND216583LOWE'S HOME IMPROVEME…101-3005-60431 295.01Materials/SuppliesSUPPLIES & MATERIALS216583LOWE'S HOME IMPROVEME…101-3005-60431 62.98Tools/EquipmentSMALL TOOLS216583LOWE'S HOME IMPROVEME…101-3005-60432 -62.98Tools/EquipmentREFUND SMALL TOOLS216583LOWE'S HOME IMPROVEME…101-3005-60432 243.75Tools/EquipmentPOWER TOOL216583LOWE'S HOME IMPROVEME…101-3005-60432 309.09Materials/SuppliesUTILITY SINKS & PARTS216583LOWE'S HOME IMPROVEME…101-3008-60431 182.67Materials/SuppliesBATTERIES216583LOWE'S HOME IMPROVEME…101-3008-60431 47.25Materials/SuppliesTOILET FILL VALVE & HARDWARE216583LOWE'S HOME IMPROVEME…101-3008-60431 144.59Tools/EquipmentSMALL TOOLS216583LOWE'S HOME IMPROVEME…101-3008-60432 59.83Tools/EquipmentSMALL TOOLS216583LOWE'S HOME IMPROVEME…101-3008-60432 113.10Operating SuppliesWASHERS & NUTS216583LOWE'S HOME IMPROVEME…101-7003-60420 38.06Operating SuppliesSMALL TOOLS216583LOWE'S HOME IMPROVEME…101-7003-60420 30.97Tools/EquipmentSMALL TOOLS216583LOWE'S HOME IMPROVEME…101-7003-60432 440.99Tools/EquipmentANGLE GRINDER POWER TOOL216583LOWE'S HOME IMPROVEME…101-7003-60432 213.72Travel & Training03/28/25 - LEAGUE OF CA MEETING RE…216585MCGARREY, DEBORAH 101-1001-60320 214.19Operating SuppliesCITY STAFF JACKETS216586MISSION LINEN SUPPLY 101-1005-60420 395.34Special Enforcement FundsRSO BOOTS216587MOTOPORT USA 101-2001-60175 -944.21Sales Taxes PayableX-PARK BENCHES TAXES216588NOBLEWINS LLC 101-0000-20304 4,559.38Fritz Burns Pool Maintenance03/14-03/15/25 - FB POOL REPAIRS216589OCEAN SPRINGS TECH INC 101-3005-60184 290.00Fritz Burns Pool Maintenance03/19-03/20/25 - FB POOL SERVICE CALL216589OCEAN SPRINGS TECH INC 101-3005-60184 6,386.00Fritz Burns Pool Maintenance04/2025 - FB POOL MONTHLY MAINTEN…216589OCEAN SPRINGS TECH INC 101-3005-60184 1,000.00Travel & TrainingSTATE OF THE 4TH DISTRICT EVENT G.VI…216590OFFICE OF ECONOMIC DEVE…101-1002-60320 125.00HVAC03/2025 - CH WATER TREATMENT216591PACIFIC WEST AIR CONDITIO…101-3008-60667 500.00Operating Supplies03/2025 - FITNESS EQUIPMENT MAINT…216592PAX FITNESS REPAIR 101-3002-60420 1,067.70Operating SuppliesFITNESS EQUIPMENT REPAIRS216592PAX FITNESS REPAIR 101-3002-60420 1,706.80Temporary Agency Services03/28/25 - TEMP AGENCY SERVICES G.R…216593PROPER SOLUTIONS INC 101-1004-60125 486.40Machinery & EquipmentCH GENERATOR BATTERY216595QUINN COMPANY 101-2002-80101 1,365.62Machinery & EquipmentCH GENERATOR REPAIRS216595QUINN COMPANY 101-2002-80101 1,244.60Machinery & EquipmentCH GENERATOR MAINTENANCE216595QUINN COMPANY 101-2002-80101 1,206.30Machinery & EquipmentWC GENERATOR MAINTENANCE216595QUINN COMPANY 101-2002-80101 1,196.15Machinery & EquipmentFS #32 GENERATOR MAINTENANCE216595QUINN COMPANY 101-2002-80101 1,187.85Machinery & EquipmentFS #70 GENERATOR MAINTENANCE216595QUINN COMPANY 101-2002-80101 207.78Travel & Training3/27/25 LEAGUE OF CA MEETING REIMB…216597SANCHEZ, STEVE 101-1001-60320 21.00STVR Business LicensesSTVR PERMIT REFUND STVR # 260560216598SHAUN KEATING 101-0000-41602 40.22Office SuppliesCARD STOCK216599STAPLES ADVANTAGE 101-2002-60400 55.17Office SuppliesOFFICE SUPPLIES216599STAPLES ADVANTAGE 101-7001-60400 58.61Office SuppliesLAPTOP CHARGER216599STAPLES ADVANTAGE 101-7001-60400 600.00Maintenance/ServicesCITY CLERK COUNTER TOP GLASS REMO…216600TORRES WINDOW SOLUTION…101-3008-60691 821.70Telephone - Utilities03/23-04/22/25 - EOC PHONE SERVICE216601TPX COMMUNICATIONS 101-2002-61300 1,500.00Prepaid Expense4/1/25-3/31/26 ANDERSON FORECAST …216603UC REGENTS 101-0000-13600 1,476.50Maintenance/ServicesSPORTS COMPLEX RESTROOM PLUMBI…216606USA DRAIN AND PLUMBING…101-3008-60691 650.00Maintenance/ServicesLQ PARK RESTROOM URINALS & SINKS …216606USA DRAIN AND PLUMBING…101-3008-60691 595.00Maintenance/ServicesLQ PARK RESTROOM TOILET REPAIR216606USA DRAIN AND PLUMBING…101-3008-60691 466.60Recruiting/Pre-Employment03/2025 - PRE-EMPLOYMENT BACKGRO…216607USA-FACT,INC.101-1004-60129 798.00Maintenance/ServicesLANDSCAPE ROCK FOR SRR PARK216608VINTAGE ASSOCIATES 101-3005-60691 98,442.73VGPS - Visit Greater Palm Spr…Q4 FY24/25 CITY FUNDING216609VISIT GREATER PALM SPRINGS 101-3007-60151 Fund 101 - GENERAL FUND Total:323,804.25 Fund: 201 - GAS TAX FUND 594.38AsphaltASPHALT216584MARTIN MARIETTA 201-7003-60430 284 Demand Register Packet: APPKT04133 - 04/10/25 DR 4/24/2025 2:34:42 PM Page 3 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 48.85Materials/Supplies04/01/25 DIG ALERT SERVICES216604UNDERGROUND SERVICE AL…201-7003-60431 Fund 201 - GAS TAX FUND Total:643.23 Fund: 202 - LIBRARY & MUSEUM FUND 924.92Maintenance/ServicesPAINT216568DUNN-EDWARDS CORPORAT…202-3004-60691 125.00HVAC03/2025 - LIBRARY WATER TREATMENT216591PACIFIC WEST AIR CONDITIO…202-3004-60667 Fund 202 - LIBRARY & MUSEUM FUND Total:1,049.92 Fund: 215 - LIGHTING & LANDSCAPING FUND 165.49Water - Medians - UtilitiesWATER SERVICE216564COACHELLA VALLEY WATER D…215-7004-61211 1,134.88Materials/SuppliesIRRIGATION PARTS216570EWING IRRIGATION PRODUC…215-7004-60431 1,441.42Materials/SuppliesIRRIGATION PARTS216570EWING IRRIGATION PRODUC…215-7004-60431 58.80Electric - Utilities03/10-04/09/25 - PHONE SERVICE216573FRONTIER COMMUNICATIO…215-7004-61116 3,611.84Electric - UtilitiesELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 215-7004-61116 1,634.49Electric - Medians - UtilitiesELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 215-7004-61117 958.01Electric - UtilitiesELECTRICITY SERVICE216578IMPERIAL IRRIGATION DIST 215-7004-61116 191,250.00Tree Maintenance/Palm TreesPALM TREE REMOVAL & SUMP GRINDI…216594PWLC II, INC 215-7004-60673 2,653.50Materials/SuppliesPLANTS216596RED TERRA NURSERY, LLC 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:202,908.43 Fund: 230 - CASp FUND, AB 1379 4.00SB 1186 RevenueSTVR PERMIT REFUND STVR # 260560216598SHAUN KEATING 230-0000-42130 Fund 230 - CASp FUND, AB 1379 Total:4.00 Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN 1,750.00Consultants12/01/24-11/30/25 2016A BOND TRUST…216605US BANK 237-9001-60104 2,305.00ConsultantsFY 23/24 CONTINUING BOND DISCLOSU…216610WILLDAN 237-9001-60104 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total:4,055.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 6,158.75Design02/2025 - CITYWIDE IRRIGATION MAST…216574HERMANN DESIGN GROUP I…401-0000-60185 58.39ConstructionSPRAY PAINT & PAINT SUPPLIES216576HOME DEPOT CREDIT SERVIC…401-0000-60188 42.04ConstructionWASHER & SCREWS216576HOME DEPOT CREDIT SERVIC…401-0000-60188 6,770.00Design03/03-03/14/25 - CITYWIDE IRRIGATION…216608VINTAGE ASSOCIATES 401-0000-60185 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:13,029.18 Fund: 501 - FACILITY & FLEET REPLACEMENT 2,475.89Motorcycle Repair & Mainte…MOTORCYCLE REPAIRS A1245216559BMW MOTORCYCLES OF RIV…501-0000-60679 1,865.71Motorcycle Repair & Mainte…MOTORCYCLE REPAIRS A1154216559BMW MOTORCYCLES OF RIV…501-0000-60679 538.84Vehicle Repair & Maintenan…22 CHEVY COLORADO VIN N1128784 BR…216566DANIEL'S TIRE SERVICE, INC.501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:4,880.44 Fund: 502 - INFORMATION TECHNOLOGY 696.12Machinery & EquipmentLENOVO DOCKING STATIONS FOR IT ST…216580INSIGHT PUBLIC SECTOR, INC.502-0000-80100 60.91Machinery & EquipmentLENOVO DOCKING STATION TAX216580INSIGHT PUBLIC SECTOR, INC.502-0000-80100 20.00ComputersLENOVO THINK PADS & DOCKING STATI…216580INSIGHT PUBLIC SECTOR, INC.502-0000-80103 4,692.00ComputersLENOVO THINK PAD LAPTOPS216580INSIGHT PUBLIC SECTOR, INC.502-0000-80103 410.55ComputersLENOVO THINK PADS TAX216580INSIGHT PUBLIC SECTOR, INC.502-0000-80103 3,188.94Telephone - Utilities03/23-04/22/25 - PHONE SERVICE216601TPX COMMUNICATIONS 502-0000-61300 3,187.50Maintenance Agreements04/2025 - AV SYSTEM MAINTENANCE216602TRITON TECHNOLOGY SOLUT…502-0000-60300 Fund 502 - INFORMATION TECHNOLOGY Total:12,256.02 Fund: 503 - PARK EQUIP & FACILITY FUND 3,150.00ParksX-PARK BENCHES FROM NOBLEWINS- F…216588NOBLEWINS LLC 503-0000-71060 944.21ParksX-PARK BENCHES FROM NOBLEWINS- T…216588NOBLEWINS LLC 503-0000-71060 -1,199.00ParksX-PARK BENCHES FROM NOBLEWINS 1…216588NOBLEWINS LLC 503-0000-71060 11,990.00ParksX-PARK BENCHES FROM NOBLEWINS216588NOBLEWINS LLC 503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:14,885.21 Fund: 601 - SILVERROCK RESORT 354.97Repair & MaintenanceSTEEL DOOR216576HOME DEPOT CREDIT SERVIC…601-0000-60660 104.23Repair & MaintenanceLIGHT BULBS216576HOME DEPOT CREDIT SERVIC…601-0000-60660 24.41Repair & MaintenancePAINT SUPPLIES216576HOME DEPOT CREDIT SERVIC…601-0000-60660 106.53Repair & MaintenanceSUPPLIES216576HOME DEPOT CREDIT SERVIC…601-0000-60660 61.97Repair & MaintenanceTUBE LIGHT BULBS216583LOWE'S HOME IMPROVEME…601-0000-60660 285 Demand Register Packet: APPKT04133 - 04/10/25 DR 4/24/2025 2:34:42 PM Page 4 of 6 AmountVendor Name Payment Number Description (Item)Account Name Account Number 76.41Repair & MaintenanceTUBE LIGHT BULBS216583LOWE'S HOME IMPROVEME…601-0000-60660 Fund 601 - SILVERROCK RESORT Total:728.52 Grand Total:578,244.20 286 Demand Register Packet: APPKT04133 - 04/10/25 DR 4/24/2025 2:34:42 PM Page 5 of 6 Fund Summary Fund Expense Amount 101 - GENERAL FUND 323,804.25 201 - GAS TAX FUND 643.23 202 - LIBRARY & MUSEUM FUND 1,049.92 215 - LIGHTING & LANDSCAPING FUND 202,908.43 230 - CASp FUND, AB 1379 4.00 237 - SUCCESSOR AGCY PA 1 ADMIN 4,055.00 401 - CAPITAL IMPROVEMENT PROGRAMS 13,029.18 501 - FACILITY & FLEET REPLACEMENT 4,880.44 502 - INFORMATION TECHNOLOGY 12,256.02 503 - PARK EQUIP & FACILITY FUND 14,885.21 601 - SILVERROCK RESORT 728.52 Grand Total:578,244.20 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 1,500.00 101-0000-20304 Sales Taxes Payable -944.21 101-0000-41602 STVR Business Licenses 21.00 101-1001-60320 Travel & Training 421.50 101-1002-60320 Travel & Training 1,000.00 101-1004-60104 Consultants/Employee S…100.00 101-1004-60125 Temporary Agency Servi…1,706.80 101-1004-60129 Recruiting/Pre-Employm…466.60 101-1005-60103 Professional Services 3,950.00 101-1005-60420 Operating Supplies 214.19 101-1006-60103 Professional Services 1,350.00 101-1006-60104 Consultants 5,169.40 101-1006-60106 Auditors 7,020.00 101-1007-60470 Postage 44.28 101-2001-60175 Special Enforcement Fu…570.34 101-2001-60193 Sexual Assault Exam Fees 1,200.00 101-2001-60692 Public Safety Camera Sys…2,123.17 101-2002-60400 Office Supplies 40.22 101-2002-60670 Fire Station 7.47 101-2002-60691 Maintenance/Services 103.29 101-2002-61101 Electricity - Utilities 630.60 101-2002-61300 Telephone - Utilities 821.70 101-2002-61400 Cable/Internet - Utilities 120.02 101-2002-80101 Machinery & Equipment 6,686.92 101-3001-60135 Boys & Girls Club 20,000.00 101-3002-60420 Operating Supplies 1,591.64 101-3003-60190 X Park Programming 92,742.70 101-3005-60184 Fritz Burns Pool Mainten…11,235.38 101-3005-60431 Materials/Supplies 1,670.36 101-3005-60432 Tools/Equipment 321.95 101-3005-60691 Maintenance/Services 798.00 101-3005-61102 Electric - Monticello Park…19.06 101-3005-61106 Electric - Sports Complex…4,111.57 101-3005-61108 Electric - Colonel Paige -…823.01 101-3005-61109 Electric - Community Par…7,556.83 101-3005-61110 Electric - Adams Park - Ut…56.87 101-3005-61113 Electric - Eisenhower Par…24.39 101-3005-61114 Electric - Desert Pride - U…19.06 101-3005-61207 Water -Pioneer Park - Uti…594.63 101-3007-60151 VGPS - Visit Greater Palm…98,442.73 101-3007-60450 Sponsorships/Advertising 10,175.00 101-3008-60431 Materials/Supplies 1,258.61 101-3008-60432 Tools/Equipment 736.91 101-3008-60667 HVAC 125.00 287 Demand Register Packet: APPKT04133 - 04/10/25 DR 4/24/2025 2:34:42 PM Page 6 of 6 Account Summary Account Number Account Name Expense Amount 101-3008-60691 Maintenance/Services 3,321.50 101-3008-61101 Electricity - Utilities 12,670.59 101-6004-60103 Professional Services 648.00 101-7001-60400 Office Supplies 113.78 101-7003-60120 Street Cleaning/Accidents 12,422.70 101-7003-60420 Operating Supplies 811.58 101-7003-60432 Tools/Equipment 631.76 101-7006-60480 Contributions to Other A…6,557.35 201-7003-60430 Asphalt 594.38 201-7003-60431 Materials/Supplies 48.85 202-3004-60667 HVAC 125.00 202-3004-60691 Maintenance/Services 924.92 215-7004-60431 Materials/Supplies 5,229.80 215-7004-60673 Tree Maintenance/Palm …191,250.00 215-7004-61116 Electric - Utilities 4,628.65 215-7004-61117 Electric - Medians - Utilit…1,634.49 215-7004-61211 Water - Medians - Utiliti…165.49 230-0000-42130 SB 1186 Revenue 4.00 237-9001-60104 Consultants 4,055.00 401-0000-60185 Design 12,928.75 401-0000-60188 Construction 100.43 501-0000-60676 Vehicle Repair & Maint…538.84 501-0000-60679 Motorcycle Repair & Ma…4,341.60 502-0000-60300 Maintenance Agreements 3,187.50 502-0000-61300 Telephone - Utilities 3,188.94 502-0000-80100 Machinery & Equipment 757.03 502-0000-80103 Computers 5,122.55 503-0000-71060 Parks 14,885.21 601-0000-60660 Repair & Maintenance 728.52 Grand Total:578,244.20 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**344,791.87**None****None** 201804E 5,229.80Landscape & Lighting Median Islan…Landscape & Lighting Median Island Improvements 202008CB 6,557.35Contribution Expense Avenue 48 Art and Music Line Project 202215E 191,250.00Landscape Maintenance Refurbis…Landscape Maint Refurbishment-PWLC II Inc 202331E 798.00SilverRock Landscape Maintenance…SilverRock Landscape Maintenance Services 202415D 12,928.75Design Expense Citywide Irrigation Upgrade 2425TMICT 100.43Construction Expense FY24/25 Traffic Maintenance Improvements STVRE 4,598.00Short Term Vacation Rental Expen…Short Term Vacation Rental Tracking XPARKE 11,990.00X Park Expenses X Park Grand Total:578,244.20 *Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section. 288 4/24/2025 2:29:37 PM Page 1 of 8 Demand Register City of La Quinta Packet: APPKT04141 - 04/18/25 DR AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 75.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB D.…205BATUTA, DANIELE 101-1004-50252 28.26Gas - UtilitiesPROPANE REFILL REFUND J.DELGADO206DELGADO AGUILERA, JOSE A 101-3008-61100 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB V.…207ORTEGA, VIRGINIA 101-1004-50252 185.00Sheriff - OtherPOLICE TOW LA243340016216613ARMOR TOWING 101-2001-60176 50.00Travel & TrainingFLEET TEST216614BMO FINANCIAL GROUP 101-3008-60320 110.40Travel & TrainingPW PARKS APRIL APWA LUNCHEON216614BMO FINANCIAL GROUP 101-3005-60320 99.74Travel & TrainingPW ADMIN APRIL APWA LUNCHEON216614BMO FINANCIAL GROUP 101-7001-60320 332.36Operating SuppliesOPERATING SUPPLIES216614BMO FINANCIAL GROUP 101-7001-60420 320.54Travel & TrainingPW STREETS APRIL APWA LUNCHEON216614BMO FINANCIAL GROUP 101-7003-60320 250.00Travel & TrainingPW INSPECTORS CGP REVIEW216614BMO FINANCIAL GROUP 101-7006-60320 105.07Travel & TrainingPW ENG APRIL APWA LUNCHEON216614BMO FINANCIAL GROUP 101-7006-60320 217.00Operating SuppliesSNACKS FOR CONCERTS IN THE PARK216614BMO FINANCIAL GROUP 101-1004-60420 702.10Operating SuppliesSENIOR LUNCHEON216614BMO FINANCIAL GROUP 101-3002-60420 172.89Community ExperiencesFOOD FOR CONCERTS IN THE PARK216614BMO FINANCIAL GROUP 101-3003-60149 1,253.52Community ExperiencesMUSIC LICENSE216614BMO FINANCIAL GROUP 101-3003-60149 1,135.00Community ExperiencesDELIVER/INSTALL CANOPIES, TABLES & L…216614BMO FINANCIAL GROUP 101-3003-60149 224.70Community ExperiencesSNACKS FOR CONCERTS216614BMO FINANCIAL GROUP 101-3003-60149 198.17Community ExperiencesFOOD FOR CONCERTS IN THE PARK216614BMO FINANCIAL GROUP 101-3003-60149 217.99Operating SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-3003-60420 39.32Office SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-1002-60400 40.19Office SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-1002-60400 97.24Travel & Training03/15 - 3/16 BBP/HEAT ILLNESS TRAINI…216614BMO FINANCIAL GROUP 101-1004-60320 111.91Travel & TrainingERGONOMICS TRAINING SNACKS216614BMO FINANCIAL GROUP 101-1004-60320 38.28Employee Recognition EventsEMPLOYEE APPRECIATION DINNER SUP…216614BMO FINANCIAL GROUP 101-1004-60340 70.63Employee Recognition EventsEMPLYOEE APPRECIATION DINNER SUP…216614BMO FINANCIAL GROUP 101-1004-60340 150.00Membership Dues2025 CSMFO MEMBERSHIP C.MARTINEZ216614BMO FINANCIAL GROUP 101-1006-60351 17.39Office SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-1006-60400 101.26Office SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-1006-60400 85.90Office SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-1006-60400 68.11Office SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-1006-60400 141.34Office SuppliesFINANCE SAFE KEYPAD216614BMO FINANCIAL GROUP 101-1006-60400 44.71Citywide SuppliesBREAKROOM SUPPLIES216614BMO FINANCIAL GROUP 101-1007-60403 29.99Citywide SuppliesBREAKROOM COFFEE SUPPLIES216614BMO FINANCIAL GROUP 101-1007-60403 5.89Citywide SuppliesCOFFEE SUPPLIES216614BMO FINANCIAL GROUP 101-1007-60403 81.55Citywide SuppliesCOFFEE MACHINE SUPPLIES216614BMO FINANCIAL GROUP 101-1007-60403 28.80Citywide SuppliesBREAKROOM SUPPLIES216614BMO FINANCIAL GROUP 101-1007-60403 60.04Citywide SuppliesBREAKROOM COFFEE SUPPLIES216614BMO FINANCIAL GROUP 101-1007-60403 59.88LQ Police VolunteersNEIGHBORHOOD WATCH MEETING SNA…216614BMO FINANCIAL GROUP 101-2001-60109 1,060.23Travel & TrainingNOTARY EXAM FOR POLICE216614BMO FINANCIAL GROUP 101-2001-60320 62.76Office SuppliesEMERGENCY MANAGEMENT MONTHLY…216614BMO FINANCIAL GROUP 101-2002-60400 29.34Office SuppliesEOC SUPPLIES216614BMO FINANCIAL GROUP 101-2002-60400 307.30Disaster Prep SuppliesFOOD SUPPLY FOR EOC @ PW YARD216614BMO FINANCIAL GROUP 101-2002-60406 92.31Disaster Prep SuppliesVIAL OF LIFE MAGNETS216614BMO FINANCIAL GROUP 101-2002-60406 819.60Disaster Prep SuppliesRESUPPLY OF VIAL OF LIFE BAGS216614BMO FINANCIAL GROUP 101-2002-60406 195.65Fire StationFS #93 CLEANING SUPPLIES216614BMO FINANCIAL GROUP 101-2002-60670 153.87Fire StationFS #93 DOOR BUTTON REPLACEMENT216614BMO FINANCIAL GROUP 101-2002-60670 189.20Fire StationFS #70 COFFEE MAKER/POD DISPENSER216614BMO FINANCIAL GROUP 101-2002-60670 143.08Maintenance/ServicesFS#93 COOK VENT FAN216614BMO FINANCIAL GROUP 101-2002-60691 198.59Operating SuppliesWC SUPPLIES216614BMO FINANCIAL GROUP 101-3002-60420 82.64Community ExperiencesKITE EVENT SUPPLIES216614BMO FINANCIAL GROUP 101-3003-60149 17.35Community ExperiencesKITE EVENT SUPPLIES216614BMO FINANCIAL GROUP 101-3003-60149 71.39Community ExperiencesKITE EVENT SUPPLIES216614BMO FINANCIAL GROUP 101-3003-60149 35.77Materials/SuppliesMATERIALS216614BMO FINANCIAL GROUP 101-3005-60431 289 Demand Register Packet: APPKT04141 - 04/18/25 DR 4/24/2025 2:29:37 PM Page 2 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 1,383.60Materials/SuppliesMATERIALS216614BMO FINANCIAL GROUP 101-3005-60431 909.48Materials/SuppliesMATERIALS216614BMO FINANCIAL GROUP 101-3005-60431 219.00Membership Dues03/2025 - MAILCHIMP216614BMO FINANCIAL GROUP 101-3007-60351 25.95Membership DuesAPPLE MONTHLY MEMBERSHIP216614BMO FINANCIAL GROUP 101-3007-60351 11.63Operating SuppliesPODCAST EQUIPMENT216614BMO FINANCIAL GROUP 101-3007-60420 93.50Operating SuppliesWC BREAKROOM SUPPLIES216614BMO FINANCIAL GROUP 101-3007-60420 29.34Operating SuppliesPODCAST EQUIPMENT216614BMO FINANCIAL GROUP 101-3007-60420 168.51Materials/SuppliesDIGITAL WALL CLOCK216614BMO FINANCIAL GROUP 101-3008-60431 32.60Materials/SuppliesCABINET LOCKS216614BMO FINANCIAL GROUP 101-3008-60431 29.34Materials/SuppliesFLAGPOLE ROPE KIT216614BMO FINANCIAL GROUP 101-3008-60431 40.72Office SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-6001-60400 40.21Office SuppliesSEAT CUSHION FOR OFFICE CHAIR216614BMO FINANCIAL GROUP 101-6004-60400 162.99Supplies - FieldCHAINS/LOCKS FOR SRR PARK216614BMO FINANCIAL GROUP 101-6004-60425 -86.48Supplies - FieldREFUND HEAVY DUTY CABLE/CHAINS216614BMO FINANCIAL GROUP 101-6004-60425 177.24Operating SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-6006-60420 99.00Recruiting/Pre-EmploymentPRE-EMPLOYMENT PHYSICAL216614BMO FINANCIAL GROUP 101-1004-60129 89.13Recruiting/Pre-EmploymentINTERVIEW PANEL LUNCH216614BMO FINANCIAL GROUP 101-1004-60129 99.00Recruiting/Pre-EmploymentPRE-EMPLOYMENT PHYSICAL216614BMO FINANCIAL GROUP 101-1004-60129 950.00Employee Recognition EventsEMP APPRECIATION DINNER216614BMO FINANCIAL GROUP 101-1004-60340 50.00Employee Recognition EventsEMP APPRECIATION DINNER216614BMO FINANCIAL GROUP 101-1004-60340 15.09Employee Recognition EventsEMP APPRECIATION DINNER216614BMO FINANCIAL GROUP 101-1004-60340 75.00Employee Recognition EventsEMP APPRECIATION DINNER216614BMO FINANCIAL GROUP 101-1004-60340 400.00Employee Recognition EventsEMP APPRECIATION DINNER216614BMO FINANCIAL GROUP 101-1004-60340 1,393.00Employee Recognition EventsEMP APPRECIATION DINNER216614BMO FINANCIAL GROUP 101-1004-60340 75.00Employee Recognition EventsEMP APPRECIATION DINNER216614BMO FINANCIAL GROUP 101-1004-60340 75.00Employee Recognition EventsEMP APPRECIATION DINNER216614BMO FINANCIAL GROUP 101-1004-60340 120.00Travel & TrainingCEQA TRAINING 03/13/25 SFERNANDEZ216614BMO FINANCIAL GROUP 101-6002-60320 400.00Travel & Training2025 SCAG CONFERENCE DCASTRO216614BMO FINANCIAL GROUP 101-6002-60320 400.00Travel & Training2025 SCAG CONFERENCE CFLORES216614BMO FINANCIAL GROUP 101-6002-60320 51.50Travel & Training2025 CASP CERT - DCLAYTON216614BMO FINANCIAL GROUP 101-6003-60320 5.00AdministrationTO BE REIMB.216614BMO FINANCIAL GROUP 101-1006-60102 1,574.45Tools/EquipmentPOLE STRAIGHTENER216614BMO FINANCIAL GROUP 101-7003-60432 150.00Membership DuesCPRS MEMBERSHIP DUES216614BMO FINANCIAL GROUP 101-3005-60351 125.00Membership DuesMMASC MEMBERSHIP L. MCGINLEY216614BMO FINANCIAL GROUP 101-1002-60351 50.00Membership Dues2025 INNOVA TECH EVENT216614BMO FINANCIAL GROUP 101-1002-60351 280.00Membership DuesSPRING FORUM D.KINLEY/L.MCGINGLY216614BMO FINANCIAL GROUP 101-1002-60351 288.00Membership DuesWORK MANAGEMENT ANNUAL SUBSCR…216614BMO FINANCIAL GROUP 101-3007-60351 243.06PrintingX-PARK STICKERS216614BMO FINANCIAL GROUP 101-3007-60410 168.22Marketing & Tourism Promot…MARKETING INTERVIEWS216614BMO FINANCIAL GROUP 101-3007-60461 82.83Travel & TrainingERGONOMICS TRAINING SNACKS216614BMO FINANCIAL GROUP 101-1004-60320 106.33Travel & TrainingBBP/HEAT ILLNESS TRAINING SNACKS216614BMO FINANCIAL GROUP 101-1004-60320 44.43Travel & TrainingCOUNCIL MEETING SNACKS216614BMO FINANCIAL GROUP 101-1001-60320 55.00Travel & TrainingRM CHAMBER LUNCH216614BMO FINANCIAL GROUP 101-1001-60320 385.96Travel & Training04/23/25 D.MCGARREY LEAGUE CONFR…216614BMO FINANCIAL GROUP 101-1001-60320 295.00Travel & TrainingUNITED WAY GALA S.SANCHEZ216614BMO FINANCIAL GROUP 101-1001-60320 259.26Travel & Training03/18/25 COUNCIL MEETING DINNER216614BMO FINANCIAL GROUP 101-1001-60320 837.27Travel & Training03/20/25 JOINT COUNCIL MEETING LU…216614BMO FINANCIAL GROUP 101-1001-60320 160.00Travel & TrainingLEAGUE CONFRENCE REG D.MCGARREY216614BMO FINANCIAL GROUP 101-1001-60320 106.38Travel & Training03/04/25 COUNCIL MEETING LUNCH216614BMO FINANCIAL GROUP 101-1006-60320 60.00Travel & TrainingLEAGUE MEETING D.MCGARREY216614BMO FINANCIAL GROUP 101-1006-60320 500.00Travel & TrainingGALA FUNDRAISER BOYS&GIRLS CLUB S.…216614BMO FINANCIAL GROUP 101-1006-60320 193.66Office SuppliesOFFICE SUPPLIES216614BMO FINANCIAL GROUP 101-1005-60400 103.89Travel & TrainingTRAINING WORKING LUNCH216614BMO FINANCIAL GROUP 101-7003-60320 34.23Travel & TrainingTRAINING WORKING LUNCH216614BMO FINANCIAL GROUP 101-7003-60320 122.51Travel & Training03/25/25 TRAINING WORK LUNCH216614BMO FINANCIAL GROUP 101-7003-60320 3,500.00ConsultantsFY 24/25 ASSESSMENT CALC & TAX ROLL…216623CLEARSOURCE FINANCIAL C…101-7002-60104 115.02Water - UtilitiesWATER SERVICE216624COACHELLA VALLEY WATER D…101-2002-61200 302.76Water -Fritz Burns Park - Utili…WATER SERVICE216624COACHELLA VALLEY WATER D…101-3005-61204 1,774.92Water -Community Park - Util…WATER SERVICE216624COACHELLA VALLEY WATER D…101-3005-61209 26.08Water - UtilitiesWATER SERVICE216624COACHELLA VALLEY WATER D…101-3008-61200 290 Demand Register Packet: APPKT04141 - 04/18/25 DR 4/24/2025 2:29:37 PM Page 3 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 551.61Water - UtilitiesWATER SERVICE216624COACHELLA VALLEY WATER D…101-2002-61200 1,320.52Water -Monticello Park - Utili…WATER SERVICE216624COACHELLA VALLEY WATER D…101-3005-61201 28.68Water -Seasons Park - UtilitiesWATER SERVICE216624COACHELLA VALLEY WATER D…101-3005-61208 71.76Water - UtilitiesWATER SERVICE216624COACHELLA VALLEY WATER D…101-3008-61200 43.90PM 10 - Dust ControlWATER SERVICE216624COACHELLA VALLEY WATER D…101-7006-60146 1,250.00Community ExperiencesCANDIES FOR EGG HUNT EVENT REMAIN…216625COOL CACTUS CANDIES 101-3003-60149 11,250.00Fire Service Costs01/01-03/31/25 - EMERGENCY SVCS CO…216626COUNTY OF RIVERSIDE 101-2002-60139 547.00Administrative Citation Servi…03/2025 - CODE CITATION PROCESSING216628DATA TICKET, INC.101-6004-60111 271.57Administrative Citation Servi…03/2025 - POLICE CITATION PROCESSING216628DATA TICKET, INC.101-6004-60111 1,000.00Maintenance/ServicesX-PARK TREE & IRRIGATION INSTALLATI…216629DESERT CONCEPTS CONSTR…101-3005-60691 1,080.00Maintenance/Services04/11/25 - MONTICELLO PARK PLANT R…216629DESERT CONCEPTS CONSTR…101-3005-60691 8,956.34School Officer12/12/24-01/08/25 - BP #7 SCHOOL RE…216630DESERT SANDS UNIFIED SCH…101-2001-60168 15.71Postage04/02/25 - OVERNIGHT MAIL216632FEDEX 101-1007-60470 224.39Garnishments PayableGARNISHMENT216633FRANCHISE TAX BOARD 101-0000-20985 535.68Cable/Internet - Utilities03/26-04/25/25 - POLICE INTERNET216634FRONTIER COMMUNICATIO…101-2001-61400 70.62Telephone - Utilities03/28-04/27/25 - SPORTS COMPLEX PH…216634FRONTIER COMMUNICATIO…101-3005-61300 1,921.45HVACCITYWIDE HVAC FILTERS216637JOHNSTONE SUPPLY 101-3008-60667 750.00Community ExperiencesPOPCORN FOR EGG HUNT EVENT216638KETTLEMITAS, INC 101-3003-60149 710.19Maintenance/Services04/01-06/30/25 - CH ELEVATOR MAINT…216639KONE INC 101-3008-60691 162.50Professional ServicesSALARY SCHEDULE STRUCTURE DISCUSS…216640LOGIC COMPENSATION GRO…101-1004-60103 81,575.99Marketing & Tourism Promot…03/2025 - MEDIA SERVICES216642MADDEN MEDIA 101-3007-60461 15,833.98Janitorial03/2025 - JANITORIAL SERVICES216643MERCHANTS BUILDING MAI…101-3008-60115 231.28Tools/EquipmentEQUIPMENT SUPPLIES216644MOWERS PLUS INC 101-7003-60432 594.26Fritz Burns Pool Maintenance03/31/25 - FB POOL SENSOR REPLACEM…216645OCEAN SPRINGS TECH INC 101-3005-60184 324.80Fritz Burns Pool Maintenance03/29/25 - FB POOL IPS CONTROLLER M…216645OCEAN SPRINGS TECH INC 101-3005-60184 2,177.28Community ExperiencesCITY BDAY DESSERT REMAINING BALAN…216646OCHOA JR, JESUS 101-3003-60149 233.00Materials/SuppliesPARK REPLACEMENT PARTS216648PACIFIC PLAY SYSTEMS, INC.101-3005-60431 5,495.00Community ExperiencesATTRACTIONS EASTER EGGS HUNT216650PARTY PALS 101-3003-60149 9,045.00Community ExperiencesATTRACTIONS CITY BIRTHDAY216650PARTY PALS 101-3003-60149 92.68Community ExperiencesJIYA COMMUNITY AWARD216652POWERS AWARDS INC 101-3003-60149 1,365.44Temporary Agency Services04/04/25 - TEMP AGENCY SERVICES G.R…216653PROPER SOLUTIONS INC 101-1004-60125 722.28Sheriff - Other02/25-03/24/25 - MOTOR FUEL CHARGES216654RIVERSIDE COUNTY SHERIFF …101-2001-60176 178.00Sales Taxes Payable01/01-03/31/25 - USE TAXES216657SILVERROCK RESORT 101-0000-20304 223.24Materials/SuppliesIRRIGATION PARTS216658SMITH PIPE & SUPPLY CO 101-3005-60431 340.58Materials/SuppliesIRRIGATION PARTS216658SMITH PIPE & SUPPLY CO 101-3005-60431 452.94Materials/SuppliesIRRIGATION PARTS216658SMITH PIPE & SUPPLY CO 101-3005-60431 541.04Annual Permits/InspectionsWC GENERATOR PERMIT FEE G42712216659SOUTH COAST AIR QUALITY …101-3008-60196 165.96Annual Permits/Inspections07/2024-06/2025 - WC GENERATOR EM…216659SOUTH COAST AIR QUALITY …101-3008-60196 231.66Materials/SuppliesPW DOOR LEVER216661THE LOCK SHOP, INC 101-3008-60431 2,205.02Community Experiences05/07/25 - MUSICAL PERFORMANCE216662THE TOKENS 101-3003-60149 165.00Special Enforcement Funds1/01-3/26/25 POLICE GPS/TIMING ADV…216663T-MOBILE 101-2001-60175 108.00United Way DeductionsCONTRIBUTION216664UNITED WAY OF THE DESERT 101-0000-20981 525.00Maintenance/ServicesLQ PARK RESTROOM TOILET REPAIR216665USA DRAIN AND PLUMBING…101-3008-60691 Fund 101 - GENERAL FUND Total:183,677.21 Fund: 201 - GAS TAX FUND 459.87Materials/SuppliesCONCRETE216614BMO FINANCIAL GROUP 201-7003-60431 46.73Materials/SuppliesCOFFEE SUPPLIES216614BMO FINANCIAL GROUP 201-7003-60431 -1,757.39Materials/SuppliesREFUND FOR PROPELLER GUARD216614BMO FINANCIAL GROUP 201-7003-60431 -189.00Materials/SuppliesREFUND FOR 2 YEAR PLAN DJI AIR 3S216614BMO FINANCIAL GROUP 201-7003-60431 Fund 201 - GAS TAX FUND Total:-1,439.79 Fund: 202 - LIBRARY & MUSEUM FUND 249.60Water - UtilitiesWATER SERVICE216624COACHELLA VALLEY WATER D…202-3006-61200 710.19Maintenance/Services04/01-06/30/25 - MUSEUM ELEVATOR …216639KONE INC 202-3006-60691 3,264.32Janitorial03/2025 - JANITORIAL SERVICES216643MERCHANTS BUILDING MAI…202-3004-60115 989.54Janitorial03/2025 - JANITORIAL SERVICES216643MERCHANTS BUILDING MAI…202-3006-60115 Fund 202 - LIBRARY & MUSEUM FUND Total:5,213.65 Fund: 210 - FEDERAL ASSISTANCE FUND 13,915.00CDBG Public Service GrantsFY24/25 CDBG FUNDING216620BOYS & GIRLS CLUB OF COA…210-0000-60135 Fund 210 - FEDERAL ASSISTANCE FUND Total:13,915.00 291 Demand Register Packet: APPKT04141 - 04/18/25 DR 4/24/2025 2:29:37 PM Page 4 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 215 - LIGHTING & LANDSCAPING FUND 2,095.33Water - Medians - UtilitiesWATER SERVICE216624COACHELLA VALLEY WATER D…215-7004-61211 914.89Water - Medians - UtilitiesWATER SERVICE216624COACHELLA VALLEY WATER D…215-7004-61211 1,080.00Maintenance/Services04/10/25 - VILLAGE STREET PLANT REPL…216629DESERT CONCEPTS CONSTR…215-7004-60691 3,240.00Maintenance/Services04/07-04/09/25 - AVE 52 MEDIAN REST…216629DESERT CONCEPTS CONSTR…215-7004-60691 514.17Materials/SuppliesIRRIGATION PARTS216631EWING IRRIGATION PRODUC…215-7004-60431 125.00Electric - UtilitiesELECTRICITY SERVICE216636IMPERIAL IRRIGATION DIST 215-7004-61116 30.78Electric - Medians - UtilitiesELECTRICITY SERVICE216636IMPERIAL IRRIGATION DIST 215-7004-61117 1,903.13Materials/SuppliesPLANTS216641MACIAS NURSERY, INC.215-7004-60431 405.22Materials/SuppliesIRRIGATION PARTS216658SMITH PIPE & SUPPLY CO 215-7004-60431 1,950.00Materials/SuppliesPALMS TREES FOR HWY 111216667W.D. YOUNG & SONS 215-7004-60431 1,000.00Maintenance/ServicesPALMS TREES HWY 111 CRANE SERVICE216667W.D. YOUNG & SONS 215-7004-60691 Fund 215 - LIGHTING & LANDSCAPING FUND Total:13,258.52 Fund: 221 - AB 939 - CALRECYCLE FUND 810.00AB 939 Recycling SolutionsFUND. OF FOOD RECOVERY EVENT SB13…216614BMO FINANCIAL GROUP 221-0000-60127 100.00AB 939 Recycling SolutionsCRRA MEMBERSHIP BALANCE A - MOR…216614BMO FINANCIAL GROUP 221-0000-60127 100.00AB 939 Recycling SolutionsCRRA MEMBERSHIP DEPOSIT A-MORENO216614BMO FINANCIAL GROUP 221-0000-60127 100.00AB 939 Recycling SolutionsCRRA MEMBERSHIP DEPOSIT216614BMO FINANCIAL GROUP 221-0000-60127 100.00AB 939 Recycling SolutionsCRRA MEMBERSHIP R.CAMARENA216614BMO FINANCIAL GROUP 221-0000-60127 810.00AB 939 Recycling SolutionsFUND. OF FOOD RECOVERY SB1383 A.…216614BMO FINANCIAL GROUP 221-0000-60127 810.00AB 939 Recycling SolutionsFUND. OF FOOD RECOVERY SB1383 EVE…216614BMO FINANCIAL GROUP 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:2,830.00 Fund: 241 - HOUSING AUTHORITY 28.64Professional ServicesRIVCO RECORDER216614BMO FINANCIAL GROUP 241-9101-60103 9,937.50Professional Services03/2025 - HOUSING CONSULTANT SERV…216621CAHA, BECKY 241-9101-60103 Fund 241 - HOUSING AUTHORITY Total:9,966.14 Fund: 247 - ECONOMIC DEVELOPMENT FUND 179.21Marketing & Tourism Promot…MARKETING VIDEOS LUNCHEON216614BMO FINANCIAL GROUP 247-0000-60461 Fund 247 - ECONOMIC DEVELOPMENT FUND Total:179.21 Fund: 270 - ART IN PUBLIC PLACES FUND 7,200.00Art PurchasesLQAC APP PURCHASE216614BMO FINANCIAL GROUP 270-0000-74800 108.29Operating SuppliesSIGNAGE FOR APP216652POWERS AWARDS INC 270-0000-60482 Fund 270 - ART IN PUBLIC PLACES FUND Total:7,308.29 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 124,780.63Retention Payable03/2025 DUNE PALMS BRIDGE RETENTI…216611AMERICAN BUSINESS BANK 401-0000-20600 -124,780.63Retention Payable03/2025 - DUNE PALMS BRIDGE PROGR…216647ORTIZ ENTERPRISES INC.401-0000-20600 2,495,612.75Construction03/2025 - DUNE PALMS BRIDGE PROGR…216647ORTIZ ENTERPRISES INC.401-0000-60188 17.28ConstructionCITYWIDE MISC ADA IMPROVEMENTS B…216651PLANIT REPROGRAPHICS SYS…401-0000-60188 11,679.00ConstructionPOOL BUILDING PURCHASE216655ROMTEC INC.401-0000-60188 1,750.00ConstructionPOOL BUILDING PURCHASE TAXES216655ROMTEC INC.401-0000-60188 8,321.00ConstructionPOOL BUILDING PURCHASE216655ROMTEC INC.401-0000-60188 4,021.59ConstructionRESTROOM PURCHASE TAXES216655ROMTEC INC.401-0000-60188 34,644.43ConstructionRESTROOM BUILDING PURCHASE216655ROMTEC INC.401-0000-60188 11,316.62ConstructionRESTROOM BUILDING PURCHASE216655ROMTEC INC.401-0000-60188 536.00Construction03/2025 - ONCALL TRAFFIC SIGNAL MAI…216660ST. FRANCIS ELECTRIC, LLC 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:2,567,898.67 Fund: 501 - FACILITY & FLEET REPLACEMENT 9,553.82Fuel & Oil02/26-03/25/25 - FUEL208WEX BANK 501-0000-60674 910.22Vehicle Repair & Maintenan…310 HL BACKHOE - NEW BATTERIES216614BMO FINANCIAL GROUP 501-0000-60676 1,364.59Vehicle Repair & Maintenan…310HL BACKHOE - REPAIR DAMAGE216614BMO FINANCIAL GROUP 501-0000-60676 1,070.41Motorcycle Repair & Mainte…MOTORCYCLE MAINTENANCE A1155216619BMW MOTORCYCLES OF RIV…501-0000-60679 279.76Vehicle Repair & Maintenan…22 CHEVY SILVERADO VIN F182418 MAI…216627DANIEL'S TIRE SERVICE, INC.501-0000-60676 513.77Vehicle Repair & Maintenan…DUMP TRUCK TIRE REPAIR216649PARKHOUSE TIRE INC 501-0000-60676 779.61Vehicle Repair & Maintenan…03/2025 - CAR WASH MEMBERSHIP216656S&D CARWASH MANAGEME…501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:14,472.18 Fund: 502 - INFORMATION TECHNOLOGY 136.00Cell/Mobile Phones04/2025 - STREETS RADIO RENTALS216612ANDERSON COMMUNICATI…502-0000-61301 499.00Software Licenses04/2025 - EMAIL PROTECTION SOFTWA…216614BMO FINANCIAL GROUP 502-0000-60301 292 Demand Register Packet: APPKT04141 - 04/18/25 DR 4/24/2025 2:29:37 PM Page 5 of 8 AmountVendor Name Payment Number Description (Item)Account Name Account Number 324.00Software Licenses03/28 - 04/28/25 MOBILE SVC MGNT216614BMO FINANCIAL GROUP 502-0000-60301 59.99Software LicensesEMAIL SUBSCRIPTION SPARK PREMIUM216614BMO FINANCIAL GROUP 502-0000-60301 108.00Software LicensesREGISTER PLAYINLAQUINTA DOMAIN216614BMO FINANCIAL GROUP 502-0000-60301 499.95Software LicensesGODADDY DOMAIN 5YR RENEWAL216614BMO FINANCIAL GROUP 502-0000-60301 10.00Software LicensesREGISTER PLAYINLAQUINTA DOMAIN216614BMO FINANCIAL GROUP 502-0000-60301 77.16Software LicensesPLAYINLAQUINTA DOMAIN RENEWAL216614BMO FINANCIAL GROUP 502-0000-60301 34.79Operating SuppliesIT STOCK SUPPLIES216614BMO FINANCIAL GROUP 502-0000-60420 87.99Cable/Internet - Utilities02/2025 HULU SERVICES216614BMO FINANCIAL GROUP 502-0000-61400 87.99Cable/Internet - Utilities03/2025 HULU SERVICE216614BMO FINANCIAL GROUP 502-0000-61400 108.74Operating SuppliesOPERATING SUPPLIES216614BMO FINANCIAL GROUP 502-0000-60420 3,042.37ComputersLAPTOPS FOR IT STOCK216614BMO FINANCIAL GROUP 502-0000-80103 5,714.55Prepaid Expense7/1/25-3/31/26 ASSET MANAGEMENT …216622CARAHSOFT TECHNOLOGY C…502-0000-13600 1,904.87Software Implementation/E…4/1/-6/30/25 - ASSET MANAGEMENT I…216622CARAHSOFT TECHNOLOGY C…502-0000-71049 132.13Cable/Internet - Utilities03/25-04/24/25 - CH INTERNET216634FRONTIER COMMUNICATIO…502-0000-61400 130.62Cable/Internet - Utilities03/27-04/26/25 - BLACKHAWK/LQ PARK…216634FRONTIER COMMUNICATIO…502-0000-61400 33,178.00Consultants03/2025 - IT SERVICES216666VISUAL EDGE IT, INC.502-0000-60104 8,914.92Consultants03/2025 - CONTINGENCY216666VISUAL EDGE IT, INC.502-0000-60104 Fund 502 - INFORMATION TECHNOLOGY Total:55,051.07 Fund: 504 - INSURANCE FUND 65.24Operating SuppliesSEAT CUSHION FOR OFFICE CHAIR216614BMO FINANCIAL GROUP 504-1010-60420 182.58Operating SuppliesFIRST AID SUPPLIES FOR MOBILE/FLEET216614BMO FINANCIAL GROUP 504-1010-60420 Fund 504 - INSURANCE FUND Total:247.82 Fund: 601 - SILVERROCK RESORT 242.13Bank Fees03/2025 - SRR ARMORED SVCS TIER PRIC…216635GARDAWORLD 601-0000-60455 Fund 601 - SILVERROCK RESORT Total:242.13 Grand Total:2,872,820.10 293 Demand Register Packet: APPKT04141 - 04/18/25 DR 4/24/2025 2:29:37 PM Page 6 of 8 Fund Summary Fund Expense Amount 101 - GENERAL FUND 183,677.21 201 - GAS TAX FUND -1,439.79 202 - LIBRARY & MUSEUM FUND 5,213.65 210 - FEDERAL ASSISTANCE FUND 13,915.00 215 - LIGHTING & LANDSCAPING FUND 13,258.52 221 - AB 939 - CALRECYCLE FUND 2,830.00 241 - HOUSING AUTHORITY 9,966.14 247 - ECONOMIC DEVELOPMENT FUND 179.21 270 - ART IN PUBLIC PLACES FUND 7,308.29 401 - CAPITAL IMPROVEMENT PROGRAMS 2,567,898.67 501 - FACILITY & FLEET REPLACEMENT 14,472.18 502 - INFORMATION TECHNOLOGY 55,051.07 504 - INSURANCE FUND 247.82 601 - SILVERROCK RESORT 242.13 Grand Total:2,872,820.10 Account Summary Account Number Account Name Expense Amount 101-0000-20304 Sales Taxes Payable 178.00 101-0000-20981 United Way Deductions 108.00 101-0000-20985 Garnishments Payable 224.39 101-1001-60320 Travel & Training 2,036.92 101-1002-60351 Membership Dues 455.00 101-1002-60400 Office Supplies 79.51 101-1004-50252 Annual Wellness Dollar …275.00 101-1004-60103 Professional Services 162.50 101-1004-60125 Temporary Agency Servi…1,365.44 101-1004-60129 Recruiting/Pre-Employm…287.13 101-1004-60320 Travel & Training 398.31 101-1004-60340 Employee Recognition E…3,142.00 101-1004-60420 Operating Supplies 217.00 101-1005-60400 Office Supplies 193.66 101-1006-60102 Administration 5.00 101-1006-60320 Travel & Training 666.38 101-1006-60351 Membership Dues 150.00 101-1006-60400 Office Supplies 414.00 101-1007-60403 Citywide Supplies 250.98 101-1007-60470 Postage 15.71 101-2001-60109 LQ Police Volunteers 59.88 101-2001-60168 School Officer 8,956.34 101-2001-60175 Special Enforcement Fu…165.00 101-2001-60176 Sheriff - Other 907.28 101-2001-60320 Travel & Training 1,060.23 101-2001-61400 Cable/Internet - Utilities 535.68 101-2002-60139 Fire Service Costs 11,250.00 101-2002-60400 Office Supplies 92.10 101-2002-60406 Disaster Prep Supplies 1,219.21 101-2002-60670 Fire Station 538.72 101-2002-60691 Maintenance/Services 143.08 101-2002-61200 Water - Utilities 666.63 101-3002-60420 Operating Supplies 900.69 101-3003-60149 Community Experiences 24,170.64 101-3003-60420 Operating Supplies 217.99 101-3005-60184 Fritz Burns Pool Mainten…919.06 101-3005-60320 Travel & Training 110.40 101-3005-60351 Membership Dues 150.00 101-3005-60431 Materials/Supplies 3,578.61 101-3005-60691 Maintenance/Services 2,080.00 101-3005-61201 Water -Monticello Park -…1,320.52 294 Demand Register Packet: APPKT04141 - 04/18/25 DR 4/24/2025 2:29:37 PM Page 7 of 8 Account Summary Account Number Account Name Expense Amount 101-3005-61204 Water -Fritz Burns Park -…302.76 101-3005-61208 Water -Seasons Park - Ut…28.68 101-3005-61209 Water -Community Park …1,774.92 101-3005-61300 Telephone - Utilities 70.62 101-3007-60351 Membership Dues 532.95 101-3007-60410 Printing 243.06 101-3007-60420 Operating Supplies 134.47 101-3007-60461 Marketing & Tourism Pr…81,744.21 101-3008-60115 Janitorial 15,833.98 101-3008-60196 Annual Permits/Inspecti…707.00 101-3008-60320 Travel & Training 50.00 101-3008-60431 Materials/Supplies 462.11 101-3008-60667 HVAC 1,921.45 101-3008-60691 Maintenance/Services 1,235.19 101-3008-61100 Gas - Utilities 28.26 101-3008-61200 Water - Utilities 97.84 101-6001-60400 Office Supplies 40.72 101-6002-60320 Travel & Training 920.00 101-6003-60320 Travel & Training 51.50 101-6004-60111 Administrative Citation …818.57 101-6004-60400 Office Supplies 40.21 101-6004-60425 Supplies - Field 76.51 101-6006-60420 Operating Supplies 177.24 101-7001-60320 Travel & Training 99.74 101-7001-60420 Operating Supplies 332.36 101-7002-60104 Consultants 3,500.00 101-7003-60320 Travel & Training 581.17 101-7003-60432 Tools/Equipment 1,805.73 101-7006-60146 PM 10 - Dust Control 43.90 101-7006-60320 Travel & Training 355.07 201-7003-60431 Materials/Supplies -1,439.79 202-3004-60115 Janitorial 3,264.32 202-3006-60115 Janitorial 989.54 202-3006-60691 Maintenance/Services 710.19 202-3006-61200 Water - Utilities 249.60 210-0000-60135 CDBG Public Service Gra…13,915.00 215-7004-60431 Materials/Supplies 4,772.52 215-7004-60691 Maintenance/Services 5,320.00 215-7004-61116 Electric - Utilities 125.00 215-7004-61117 Electric - Medians - Utilit…30.78 215-7004-61211 Water - Medians - Utiliti…3,010.22 221-0000-60127 AB 939 Recycling Solutio…2,830.00 241-9101-60103 Professional Services 9,966.14 247-0000-60461 Marketing & Tourism Pr…179.21 270-0000-60482 Operating Supplies 108.29 270-0000-74800 Art Purchases 7,200.00 401-0000-20600 Retention Payable 0.00 401-0000-60188 Construction 2,567,898.67 501-0000-60674 Fuel & Oil 9,553.82 501-0000-60676 Vehicle Repair & Maint…3,847.95 501-0000-60679 Motorcycle Repair & Ma…1,070.41 502-0000-13600 Prepaid Expense 5,714.55 502-0000-60104 Consultants 42,092.92 502-0000-60301 Software Licenses 1,578.10 502-0000-60420 Operating Supplies 143.53 502-0000-61301 Cell/Mobile Phones 136.00 502-0000-61400 Cable/Internet - Utilities 438.73 502-0000-71049 Software Implementatio…1,904.87 295 Demand Register Packet: APPKT04141 - 04/18/25 DR 4/24/2025 2:29:37 PM Page 8 of 8 Account Summary Account Number Account Name Expense Amount 502-0000-80103 Computers 3,042.37 504-1010-60420 Operating Supplies 247.82 601-0000-60455 Bank Fees 242.13 Grand Total:2,872,820.10 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**267,561.51**None****None** 111205CT 2,495,612.75Construction Expense Dune Palms Bridge Imp/BRLKS-5433(014) 111205RP 0.00Retention Payable Dune Palms Bridge Imp/BRLKS-5433(014) 201804E 6,225.46Landscape & Lighting Median Islan…Landscape & Lighting Median Island Improvements 202102CT 71,732.64Construction Expense Fritz Burns Park Improvements 202328E 4,320.00Citywide Landscape Maintenance …Citywide Landscape Maintenance Srvcs (L&L AD 89-1) 202330E 2,643.82Park Landscape Maintenance Servi…Park Landscape Maintenance Services 202405CT 17.28Construction Expense Citywide Miscellaneous ADA Improvements 2425TMICT 536.00Construction Expense FY24/25 Traffic Maintenance Improvements BDAYE 11,222.28City Picnic & Birthday Celebration …City Picnic & Birthday Celebration CONCERTE 4,054.30Concert Expense Master Account for all SRR Concert Series EGGE 7,495.00La Quinta Egg Hunt Expense La Quinta Egg Hunt KITEE 1,306.38Fly Over La Quinta Expense Fly Over LQ: A Kite Experience PILQE 92.68Pillars of the Community Expense Pillars of the Community Grand Total:2,872,820.10 *Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section. 296 City of La Quinta Bank Transactions 04/07/2025-04/18/2025 Wire Transaction Listed below are the wire transfers from 04/07/2025-04/18/2025. Wire Transfers: 04/07/2025 - WIRE TRANSFER - SILVERROCK PHASE 1 LLC(1)$611,760.41 04/09/2025 - WIRE TRANSFER - CALPERS $159,773.04 04/11/2025 - WIRE TRANSFER - CALPERS $250.20 04/11/2025 - WIRE TRANSFER - CALPERS $7,543.47 04/11/2025 - WIRE TRANSFER - CALPERS $15,395.41 04/11/2025 - WIRE TRANSFER - CALPERS $36,158.61 04/11/2025 - WIRE TRANSFER - LQCEA $583.00 04/11/2025 - WIRE TRANSFER - MISSION SQUARE $4,105.00 04/11/2025 - WIRE TRANSFER - MISSION SQUARE $15,711.26 04/14/2025 - WIRE TRANSFER - MIDAMERICA $20,650.74 04/15/2025 - WIRE TRANSFER - STERLING $1,426.45 04/16/2025 - WIRE TRANSFER - AMERITAS $48.40 04/16/2025 - WIRE TRANSFER - AMERITAS $691.98 04/16/2025 - WIRE TRANSFER - AMERITAS $8,066.08 04/16/2025 - WIRE TRANSFER - STANDARD OF OREGON $1,841.56 04/17/2025 - WIRE TRANSFER - LINCOLN NATIONAL $6,353.60 04/18/2025 - WIRE TRANSFER - LANDMARK $232,851.82 TOTAL WIRE TRANSFERS OUT $1,123,211.03 (1)These funds represent a loan under the Debtor-in-Possession (DIP) financing. This disbursement does not reflect the City financing of construction or development at SilverRock. ATTACHMENT 2 297 298 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES FOR FISCAL YEARS 2025/26 AND 2026/27 RECOMMENDATION Approve Agreement with the County of Riverside to provide Law Enforcement Services for fiscal years 2025/26 and 2026/27; and authorize the Mayor to execute the agreement. EXECUTIVE SUMMARY The City contracts with Riverside County Sheriff’s Department (RCSD) for law enforcement services; the current two-year agreement expires on June 30, 2025. Riverside County Sheriff’s Department (RCSD) continues to provide effective police services by preserving the safety of the City. Proposed is a new two-year service agreement (Agreement), from July 1, 2025, to June 30, 2027 (Attachment 1); there are no changes to the agreement terms. FISCAL IMPACT Based on a projected 9.5% rate increase the estimated Agreement amount for fiscal year (FY) 2025/26 is $21,870,000. This includes staffing, facilities fee, equipment and vehicles, for law enforcement staff, except for equipment and uniforms for motor officers dedicated (assigned) to the City. The rate for FY 2025/26 will be presented by the Sheriff’s Department in April 2026. BACKGROUND/ANALYSIS The City has partnered with RCSD to strength the community’s safety, improve communication, and enhance operation efficiencies through the adoption of technology enhancements. In the last five years, some of the strategic improvements made include the installation of the Public Safety Camera System in 2021, and the Automated License Reader System approved in 2023. Additionally, 3 traffic deputies have been converted to motor officers to increase traffic enforcement efforts. As shown in the table below, crime rates have steadily declined since 2022, which shows the effectiveness of law enforcement in the community. BUSINESS SESSION ITEM NO. 1 299 RCSD recommends maintaining the same service levels. Therefore, there are no changes to staffing or services under this new agreement. This proposed Agreement would be effective from July 1, 2025, through June 30, 2027. The following contract service levels are included: 130 fully supported hours per day (equivalent to approximately 25 Deputy Sheriff positions at 1,884 annual productive hours per position). Dedicated Positions are as follows: One (1) Lieutenant Two (2) Sergeants Five (5) Deputy Sheriffs classified as the Special Enforcement Team (SET) – Target Team Four (4) Motor Officers One (1) Traffic Officers One (1) Deputy Sheriff (unsupported) position – Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position – Coachella Valley Narcotics Task Force Six (6) Community Service Officers II ALTERNATIVE Given that the existing agreement expires June 30, 2025, and law enforcement services are necessary, staff does not recommend an alternative. Prepared by: Lisa Chastain, Public Safety Management Analyst Approved by: Martha Mendez, Public Safety Deputy Director Attachment: 1. Agreement for Law Enforcement Services 300 AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES (“Agreement”) is made and entered into by and between the CITY OF LA QUINTA, a California Charter City, hereinafter “City,” and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriff’s Office, hereinafter “County”, sometimes collectively referred to herein as the “parties” and individually as a “party”. IT IS THEREFORE AGREED AS FOLLOWS: 1. TERM 1.1 Effective Dates. This Agreement shall be effective from July 1, 2025 through June 30, 2027. 1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current two (2) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same. 1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date. 2. SCOPE OF SERVICE 2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriff’s Office shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriff’s services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes. Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate. ATTACHMENT 1 301 2.2 California Identification System (CAL-ID) and Records Management System (RMS). City agrees as a condition of receiving services hereunder to participate in CAL-ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings. 2.2A Definitions. For purposes of this Agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference: a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases. b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City. c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS. d) LAWNET shall mean the County’s law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below. e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS. 2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice. 2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC-based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PC- based equipment used to provide services herein without the permission of Sheriff's Information Technology Officer. 2.2D Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement. 302 3.LEVEL OF SERVICE 3.1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference. 3.2 Variation in Level of Service. Variations in the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms: If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits. If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety. 4.CHIEF OF POLICE The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position. 5.PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT 5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services. 5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications shall remain within the City limits, and ownership title thereto shall remain with City. However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this Agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis. 5.3 City-Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the 303 motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriff’s personnel, or persons authorized by the Sheriff. City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city-approved functions. 5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the City- owned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this Agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance. General Insurance Provisions - All lines: a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term. b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section. 304 c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory. 6. EMPLOYMENT STATUS OF PERSONNEL 6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers’ compensation coverage, pension, or civil service benefits from City. 6.2 Labor Shortage. In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received. 7. COMPENSATION 7.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriff’s Office personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL-ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriff's Special Investigations Bureau, Emergency Services Team and Aviation Unit. 7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend. 305 7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriff’s Office at County-owned or leased facilities. Costs are prorated according to the facility’s square footage occupied by a Sheriff’s Office Bureau or Unit. 7.3 A Calculation of Facility Rates. The total of the facility’s cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city’s share of the facility cost. The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriff’s decision to move Contract or unincorporated County Patrol positions from the Station. 7.4 Payment of Costs. County, through the Sheriff’s Office, shall provide to City within thirty (30) days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within thirty (30) days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907. 7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service. 7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement. 8. INDEMNIFICATION AND HOLD HARMLESS 8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by 306 City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County. 8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City. 9. ADMINISTRATION The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County. 10. RECORDS County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County’s appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement. 11. ALTERATION OF TERMS No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties. No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof. 307 12. NOTICES Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below: County City Chad Bianco, Sheriff City of La Quinta Riverside County Sheriff’s Office 78-495 Calle Tampico Post Office Box 512 La Quinta, California 92253 Riverside, California 92502 Attn: City Manager or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to: Clerk of the Board of Supervisors County of Riverside 4080 Lemon Street, 1st Floor Riverside, California 92501 Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above. 13. SEVERABILITY If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. 14. STANDARD OF CARE In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriff’s personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation. 15. JURISDICTION AND VENUE This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County. 16. ENTIRE AGREEMENT This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions 308 thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith. 17. ELECTRONIC/DIGITAL SIGNATURES This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Signatures on Following Page] 309 IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below. CITY OF LA QUINTA Dated:___________________ By: Linda Evans, Mayor ATTEST: Name: Title: By: COUNTY OF RIVERSIDE Dated: By: V. Manuel Perez Chair of the Board of Supervisors Riverside County Board of Supervisors ATTEST: APPROVED AS TO FORM: Kimberly Rector Minh C. Tran Clerk of the Board County Counsel By: By: Deputy Amrit P. Dhillon Deputy County Counsel 10 310 ATTACHMENT A CITY OF LA QUINTA LEVEL OF SERVICE Average Patrol Services 130 fully supported hours per day (Approximate equivalent of 25 Deputy Sheriff positions @ 1,884 annual productive hours per position.) Dedicated Positions One (1) Sheriff’s Lieutenant position Two (2) Sheriff’s Sergeant positions Five (5) Deputy Sheriff (fully supported) positions – Target Team Four (4) Deputy Sheriff (fully supported) positions – Motor Officers One (1) Deputy Sheriff (fully supported) positions – Traffic Officers One (1) Deputy Sheriff (unsupported) position – Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position – Coachella Valley Narcotics Task Force Six (6) Community Service Officer II positions 11 311 312 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH JNS NEXT FOR MARKETING AND MEDIA SERVICES RECOMMENDATION Approve Agreement for Contract Services with JNS Next, for marketing and media services; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •The 2025/26 Marketing Strategies will continue to focus on a more robust and informative outreach plan to residents, visitors, and current and future businesses through economic development efforts. •In February 2025, the City solicited a Request for Proposal (RFP) for a full service marketing agency and received 24 submittals; 4 firms were interviewed; and JNS Next was selected based on their experience and qualifications. •The proposed Agreement for Contract Services (Agreement) (Attachment 1) with JNS Next is for a 5-year term for an amount not to exceed $725,000 per year with an option to extend for an additional two years. FISCAL IMPACT Fiscal year (FY) 2025/26 budget includes an allocation of $725,000 for marketing ser vices, including account management, media buys, and miscellaneous services. The proposed Agreement is for a 5-year term, beginning July 1, 2025, to June 30, 2030, and an optional 2-year extension, at a not to exceed amount of $725,000 per FY. Funds will be budgeted in the Marketing and Tourism Promotions account 101 -3007-60461 in future FYs pursuant to the Agreement. BUSINESS SESSION ITEM NO. 2 313 BACKGROUND/ANALYSIS The marketing strategies will continue to focus on strong Community Engagement and Economic Development to inform and educate our residents and businesses on various projects, events, updates and consistent messaging in the City: •Create strategies to educate and inform residents through in-person activations, the City’s podcast platform, strategic social media, and local media platforms. •Continue communications to businesses with further enhancements to the Economic Development microsite, utilizing the Chamber business walks, and frequent e-blasts. •Expanded marketing plan to include additional print and digital platforms to our direct flight markets, as well as additional media to ensure local coverage. In February 2025, the City published an RFP for a full-service marketing agency; received 24 proposals; 4 firms were interviewed – JNS Next, Madden Media, 62 Above, and Strausberg Group; and JNS was selected based on their experience and qualifications. Proposed is a 5-year Agreement to partner with JNS Next on an expansive marketing strategy that will not only focus and engage our residents, but our business development as well. Staff will direct JNS Next to develop new ways to reach our residents, visitors, and businesses to offer resources, assistance, and pertinent information consistently. The Plan has been designed to enhance communication in a variety of outlets such as: •Significant increase in public relations to create a higher frequency of press releases, media alerts, online and social communications. •Working with the Chamber of Commerce to expand their workforce attraction campaigns focusing on La Quinta being a desirable place to live, work, play, and open a business. •Work with all City departments to ensure communications are serving the community . •Continue our “Love La Quinta” and “Uncovering the Gems” campaigns that reach our local residents for all things LQ. •Continue to review and enhance the City’s brand pillars to ensure market trends, technology updates, and strategies. ALTERNATIVE Council may elect not to approve or amend FY 2025/26 Marketing Strategies; and may elect not to approve the Agreement. Prepared by: Marcie Graham, Marketing Manager Approved by: Gilbert Villalpando, Director (Business Unit/Housing Development) Attachment: 1. Agreement for Contract Services with JNS Next 314 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 JNS Next, a California Limited Liability Corp, (“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 marketing services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated h erein 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 Agreemen t, the phrase “industry standards” shall mean those standards of practice recognized by one or more first -class firms performing similar services under similar circumstances. 1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction. 1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws. 1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quin ta 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 app rovals 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 agains t any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, ATTACHMENT 1 315 -2- 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 th is 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. Contractin g 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 s hall 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 Contrac ting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. 1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement. 316 -3- 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 Seven Hundred Twenty-Five Thousand Dollars ($725,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms. (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. 2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department. 2.3 Compensation for Additional Services . Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the 317 -4- Contract Sum may be approved by the Contract Officer or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Addition al Services unless prior written approval for the Additional Services is obtained from the Contract Officer , or assigned designee, pursuant to Section 1.7 of this Agreement. 3. PERFORMANCE SCHEDULE. 3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage. 3.2 Schedule of Performance . All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer or assigned designee. 3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination , or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer , or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum. 3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2025, and terminate on June 30, 2030 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”) and executed in writing. 318 -5- 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 therewi th: (a) Garry Sage, President Tel No. (760) 992-4099 E-mail: garry@jnsnext.com 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 the Marketing Manager 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 contra ct or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 319 -6- 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 Califo rnia 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 o n 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 com ply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section. 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 320 -7- Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance. 6. INDEMNIFICATION. 6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof. 7. RECORDS AND REPORTS. 7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer , or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with 321 -8- 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 w orks 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 Docum ents 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 un restricted 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 ind emnify City for all damages resulting therefrom. 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all 322 -9- 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 surviv e the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 323 -10- 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 s ole 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 concerni ng the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer , or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 324 -11- 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 th e 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 whe ther or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose. 9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION. 9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement. 9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontrac tor 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. 325 -12- 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 affi rmative 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: Marcie Graham 78495 Calle Tampico La Quinta, California 92253 To Contracting Party: JNS NEXT GARRY SAGE, PRESIDENT 75410 GERALD FORD DR. #201 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 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. 326 -13- 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors, and assigns of the parties. [SIGNATURES ON FOLLOWING PAGE] 327 -14- 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: JNS Next: Garry Sage, President Dated: __________________________ ATTEST: MONIKA RADEVA, City Clerk City of La Quinta, California By: Name: Title: APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California 328 Exhibit A Page 1 of 4 Last revised summer 2017 Exhibit A Scope of Services Media Plan Fiscal Year 2025/26 • Community Engagement – Strategy will ensure residents, stakeholders, and businesses feel part of La Quinta’s success, fostering civic pride and deeper engagement. o Social Media Ads o Google Video Distribution o Local Influencer Campaign o Geofencing o Traditional media • Tourism – Through refreshed campaign branding, dynamic storytelling, and modern visuals, the strategy will identify La Quinta while keeping it engaging and relevant. o Print Ads o Digital o Out of Home o Public Relations – media tours, influencer partnerships, and live activations • Economic Development – From tourism to business recruitment and local commerce, staff will position La Quinta as a hub for innovation, investment, and opportunity. o Google SEM – targeting high-value industries & job-producing investments o Google Video Distribution o Electronic Newsletter/Video Business Spotlight o Website updates • Graphic Design – producing brochures, digital campaigns • Creative Concept/Content Development – press kits, storytelling, and ongoing blog articles • Brand Enhancement – reinforcing compliance and high-quality standards • Website Hosting & Maintenance • Search Engine Optimization • Strategy Planning – Includes destination FAM tour, research/information gathering, trends/industry/presentations, media briefs/plans, creative ideas/briefings, status meetings, quarterly business reviews (strategy sessions) • Contingency (As needed) Total Not to Exceed: $725,000 329 Exhibit A Page 2 of 4 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 twenty - five thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no 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. Contract ing 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 plac e 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, 330 Exhibit A Page 3 of 4 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 complian ce 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 C ontracting 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 relocat ion 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 submitti ng 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. 331 Exhibit A Page 4 of 4 (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 con tract 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, confine d 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 al l 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 ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 332 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services*, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Seven Hundred Twenty-Five Thousand Dollars ($ 725,000) per year for the life of the Agreement, encompassing the initial and any extended terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. Services compensation to be billed evenly monthly. Media compensation to be billed as deployed, with exception of committed media which may require payment pre -deployment and will require client review and approval. *Subject to sub-allocation changes per service/task per final client approval. 333 Exhibit C Page 1 of 1 Exhibit C Schedule of Performance Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference. *Subject to sub-allocation changes per service/task per final client approval. 334 Exhibit D Page 1 of 1 Exhibit D Special Requirements NONE 335 Exhibit E Page 1 of 6 Exhibit E Insurance Requirements E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI: Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence) $2,000,000 (general aggregate) Must include the following endorsements: General Liability Additional Insured General Liability Primary and Non-contributory Commercial Auto Liability (at least as broad as ISO CA 0001 ) $1,000,000 (per accident) Auto Liability Additional Insured Personal Auto Declaration Page if applicable Errors and Omissions Liability $1,000,000 (per claim and aggregate) Workers’ Compensation (per statutory requirements) Must include the following endorsements: Workers Compensation with Waiver of Subrogation Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s perform ance 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 Contr acting 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 Ge neral 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 336 Exhibit E Page 2 of 6 Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the i nsurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease. Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep - linking 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. 337 Exhibit E Page 3 of 6 Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased. In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents. E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement. Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements. Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement. E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party: 1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation righ ts against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise. 338 Exhibit E Page 4 of 6 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 a ny insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option. 8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City. 9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party. Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review. 10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement 339 Exhibit E Page 5 of 6 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 C ontracting Party, which may include reduction or elimination of the deductible or self -insured retention, substitution of other coverage, or other solutions. 11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City. 12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non -compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard. 14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. 15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages. 16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents. 17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all -inclusive. 340 Exhibit E Page 6 of 6 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. 341 Exhibit F Page 1 of 2 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, employ ees 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 sh all 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 (includin g 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 whe re 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. 342 Exhibit F Page 2 of 2 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 subcontracto r), 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 o f 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 th ereof) 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. 343 344 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: DISCUSS ADDING CHAPTER 11.46 TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE RELATED TO REGULATING OF UNAUTHORIZED CAMPING WITHIN THE CITY RECOMMENDATION Discuss adding Chapter 11.46 to Title 11 of the La Quinta Municipal Code related to regulating unauthorized camping within the City of La Quinta EXECUTIVE SUMMARY Riverside County and the Coachella Valley Region have encountering high levels of individuals experiencing homelessness. The City through key partners offers a variety of resources available for those who are seeking shelter, and in need of assistance. Section 11.44.060, subsection H, of the La Quinta Municipal Code (LQMC) prohibits unauthorized camping at city parks. For discussion is an Ordinance adding Chapter 11.46 to the LQMC related to regulating unauthorized camping within the City (Attachment 1). FISCAL IMPACT – None. BACKGROUND/ANALYSIS There has been an increase in unauthorized camping proliferating under bridges, behind commercial buildings, and throughout vacant lots in La Quinta. The encampments raise significant health and safety concerns, and the City is accruing cost for lot abatements. In fiscal year (FY) 2024/25, the City has spent $10,000 in lot abatements related to unauthorized camping. The City assists the unhoused population by providing annual funding of $100,000 to each of 3 key organizations addressing addressing homelessness – Coachella Valley Rescue Mission (CVRM), Martha’s Village and Kitchen (MVK), and Coachella Valley Association of Governments (CVAG). These funds directly support the ongoing regional efforts to provide emergency shelter, meals, case management, and other essential services. Since August 2024, staff has worked directly with CV Housing First program to STUDY SESSION ITEM NO. 1 345 identify unhoused individuals that may qualify for housing or other health programs. In quarter 3 of FY 2024/25, 3 people from the City were placed into a Crisis Stabilization Unit and 3 people from the City moved into a permanent residence. (Attachment 2). While some experiencing homelessness take steps to protect and preserve their own wellbeing and the wellbeing of others by seeking temporary indoor shelter or other available assistance, others experiencing homelessness do not take such steps, and may prefer to remain without shelter. This can at times hinder or negatively impact the wellbeing of others in the City and greater Coachella Valley Region. On June 28, 2024, the United States Supreme Court ruled the enforcement of laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment (City of Grants Pass, Oregon v. Johnson (2024) 603 U.S. 520). The decision allows cities to establish laws prohibiting camping on public property, even if there is limited shelter. In July of 2024, California Governor Newsom mandated an executive order to encourage state and local agencies to put policies in place to clear unauthorized camps that are in public. After the Supreme Court ruling and the Governor’s executive order, the cities of Palm Springs and Desert Hot Springs adopted regulations prohibiting unauthorized camping. Chapter 11.46 would establish reasonable regulations related to unauthorized camping within the city while preserving the rights of individuals to use public property, and maintain public and private streets and developed and undeveloped areas within the City in a clean, safe, and accessible condition for residents and the public at large. The Riverside County Sheriff’s Office recommends and supports the adoption of the regulations related to unauthorized camping by local agencies (Attachment 3). ALTERNATIVES Council may introduce the proposed Ordinance as submitted at a future Council meeting or revise the proposed regulations and introduce the Ordinance as revised. Prepared by: Lisa Chastain, Management Analyst, Public Safety Approved by: Martha Mendez, Public Safety Deputy Director Attachments: 1. Ordinance to Regulate Unauthorized Camping in the City 2. CVAG 3rd Quarterly Report 3. Riverside County Sheriff’s Recommendation Memo 346 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 11.46 TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE, RELATED TO REGULATING UNAUTHORIZED CAMPING WITHIN THE CITY WHEREAS, the State of California has been experiencing a homelessness crisis; and WHEREAS, the number of unsheltered homeless individuals in the past has been and remains unacceptably high in the Coachella Valley Region of Riverside County, which includes the City of La Quinta (“City”); and WHEREAS, while some persons experiencing homelessness take steps to protect and preserve their own wellbeing and the wellbeing of other persons by seeking temporary indoor shelter or other available assistance, other persons experiencing homelessness do not take such steps, may prefer to remain without shelter, and at times hinder or negatively impact the wellbeing of other persons in the City and greater Coachella Valley Region; and WHEREAS, recognizing that states and local agencies may need to enact and enforce reasonable regulations to address certain instances relating to individuals experiencing homelessness, the United States Supreme Court recently ruled that municipal ordinances do not constitute cruel and unusual punishment when applied to individuals experiencing homelessness, even if homelessness may be involuntary (City of Grants Pass, Oregon v. Johnson (2024) 603 U.S. 520); and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, has broad discretionary power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and WHEREAS, the La Quinta Municipal Code (LQMC) currently prohibits, in any public park or recreation area of the City, camping or lodging at any time, or otherwise remaining overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose (LQMC, Section 11.44.060(H)); and WHEREAS, the City has a substantial interest in updating and ensuring all areas in the City are subject to reasonable regulations that balance the availability and usage by all persons of public and private property open to the public, with the ability for law enforcement and other authorized officials to prohibit unreasonable extended use of such property for camping or other unintended usage by any persons, including persons who may be homeless or experiencing homelessness; and ATTACHMENT 1 347 Ordinance No. _____ Adding Chapter 11.46 to the La Quinta Municipal Code Relating to Unauthorized Camping Adopted: ____________, 2025 Page 2 of 9 WHEREAS, the City has the obligation to preserve and protect the public peace, health, safety, and general welfare; and WHEREAS, the City desires to maintain streets, sidewalks, bridges, underpasses, flood washes and river/flood-beds, bike and golf paths and other rights-of-way, and all developed and undeveloped areas of the city in a clean, safe, and accessible condition for residents, businesses, and the public at large, while also discouraging and preventing the secondary impacts of vagrancy, which can include crime, visual blight, unsanitary conditions, disease, and interference with economic activity or economic development; and WHEREAS, by enacting this Ordinance, the City Council for the City expressly confirms its intent to provide law enforcement personnel with the necessary and appropriate enforcement tools to address public safety concerns and public nuisance conditions, while accommodating in a reasonable manner and consistent with federal law the circumstances of necessity for individuals experiencing homelessness; and WHEREAS, this Ordinance is necessary to provide the City and all law enforcement personnel, including the Riverside County Sheriff’s Department and City Code Enforcement Office, the legal authority to better protect the public and promote the public safety, health, and welfare; and WHEREAS, all other legal prerequisites to the adoption of the Ordinance have occurred; and NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1. ADOPTION: Chapter 11.46 is hereby approved and adopted by the City Council and shall be added to Title 11 of the La Quinta Municipal Code as written in “Exhibit A” attached hereto and incorporated herein by this reference. SECTION 2. RECITALS: The Recitals set forth above are incorporated herein and made an operative part of this Ordinance. SECTION 3. ENVIRONMENTAL REVIEW: The City Council finds that adopting this Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq. (“CEQA”) and implementing regulations, California Code of Regulations, Title 14, Section 15000 et seq. (“CEQA Guidelines”), as it is not a “Project” as defined by CEQA. (CEQA Guidelines, § 15060(c)(3).) Pursuant to CEQA Guidelines Section 15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the La 348 Ordinance No. _____ Adding Chapter 11.46 to the La Quinta Municipal Code Relating to Unauthorized Camping Adopted: ____________, 2025 Page 3 of 9 Quinta Municipal Code to confirm and prevent public nuisances and potential civil and criminal offenses, and therefore is exempt from CEQA under the “common sense” exemption (CEQA Guidelines, § 15061(b)(3)), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The requested action is further exempt under CEQA Guidelines Section 15060(c)(2), as it will not result in a direct or reasonably foreseeable indirect physical change in the environment. SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption. SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta. SECTION 6. CORRECTIVE AMENDMENTS: The City Council does hereby grant the City Clerk the ability to make minor amendments and corrections of typographical or clerical errors to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code. SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this _____ day of ________, 2025, by the following vote: AYES: NOES: ABSENT: ABSTAIN: 349 Ordinance No. _____ Adding Chapter 11.46 to the La Quinta Municipal Code Relating to Unauthorized Camping Adopted: ____________, 2025 Page 4 of 9 ________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 350 Ordinance No. _____ Adding Chapter 11.46 to the La Quinta Municipal Code Relating to Unauthorized Camping Adopted: ____________, 2025 Page 5 of 9 EXHIBIT A CHAPTER 11.46 UNAUTHORIZED CAMPING 11.46.010 Purpose. The purpose of this chapter is to preserve and protect the public peace, health and safety, and general welfare of the city, its residents, and businesses. This Chapter establishes reasonable regulations related to unauthorized camping within the city while preserving the rights of individuals to use public property to exercise their First Amendment and other rights pursuant to the United States and California Constitutions. The purpose of this Chapter is to maintain public and private streets and developed and undeveloped areas within the city in a clean, safe, and accessible condition for residents and the public at large; to promote and protect human sanitation and health while preserving appropriate recreational opportunities within the community; and to discourage or prevent the secondary impacts of vagrancy, such as crime, visual blight, poor sanitation, disease, and interference with economic activity or economic development. 11.46.020 Definitions. For the purposes of this chapter, the following meanings shall apply: A. “Camp” means to take up as a person’s living quarters, whether temporary or permanent, and may include pitching, sleeping in, cooking in, or occupying camp facilities or using camp paraphernalia for the purpose of taking up a temporary or permanent place for human habitation. For the purposes of this Chapter, “camp” shall not include the use of any facilities or equipment which are used solely in a place especially designated for camping or in connection with a special event conducted in accordance with a permit issued by the city under other provisions of this code. B. “Camp facilities” include but are not limited to tents, huts, temporary shelters, trailers, and any other vehicle being used for human habitation. C. “Camp paraphernalia” includes but is not limited to collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks, or cooking equipment, including but not limited to barbeques, open fires, and portable stoves that are not approved by the city. D. "Public property" means any publicly owned property in the city, improved or unimproved, whether owned or leased by the City or other federal, state, or local public agency, including but not limited to any of the following: public buildings; 351 Ordinance No. _____ Adding Chapter 11.46 to the La Quinta Municipal Code Relating to Unauthorized Camping Adopted: ____________, 2025 Page 6 of 9 parking lots; public passageways; public streets, sidewalks, alleyways, bridges, underpasses, flood washes and river/flood-beds, bike and golf paths or any other public rights-of-way; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned, maintained, or operated open spaces, including but not limited to those adjacent to City Hall or other public facilities or buildings of any kind; publicly owned, maintained, or operated recreation areas, golf courses, and related facilities; public retention basins, curbs, gutters, and other water-treatment or water-handling improvements or facilities; public educational institutions; or any other government owned, leased, maintained, or operated properties located within the city. E. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location. 11.46.030 Prohibited Acts. A. No person shall camp or occupy camp facilities or use camp paraphernalia on or in any of the following areas within the city, except as otherwise provided in this chapter or mandated by applicable federal or state law: 1. Any public property; 2. Any private street or right-of-way, including but not limited to privately owned or privately leased sidewalks and landscaping; 3. Any parking lot, yard, building setback, vacant land, open space, or any other area open or accessible to the public, improved or unimproved; 4. In, on, under, or adjacent to any structure not intended for human occupancy, including but not limited to any bridge or tunnel or similar infrastructure improvement, whether publicly or privately owned, and whether such structure is with or without camp paraphernalia; and 5. In, on, under, or adjacent to a parked vehicle on any public or private property, including but not limited to an automobile, bus, truck, camper, trailer, or recreational vehicle. B. No person shall urinate or defecate on public or private property in an area exposed to public view, or on any public property except when in a public restroom or in a restroom inside public property for such purpose. C. No person shall make or kindle an open fire on public or private property accessible to the public except in an appropriate containment device provided or approved for that purpose by the City Fire Marshal and Building Official. 352 Ordinance No. _____ Adding Chapter 11.46 to the La Quinta Municipal Code Relating to Unauthorized Camping Adopted: ____________, 2025 Page 7 of 9 D. No person shall extendedly remain, stay, or loiter on public property or private property accessible to the public between the hours of 10:00 p.m. and dawn of the following day without either a duly issued applicable permit from the city for any public property or the express permission of the owner of the private property accessible to the public. 11.46.040 Storage of Personal Property in Public Places. A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise expressly permitted by the city: 1. On any public property; 2. On any parking lot, yard, building setback, vacant land, open space, or any other area open or accessible to the public, improved or unimproved, whether on public property or private property. 11.46.050 Exceptions. A. This chapter shall not apply to camping in a public or commercial campground legally and lawfully approved and permitted for that purpose and in compliance with all laws, regulations, and conditions of approval for such a facility. B. This chapter shall not apply to events for which a temporary use permit, special event permit, or other applicable permit, has been approved and issued by the city pursuant to applicable provisions of this code. C. This chapter shall not apply to events that allow camping sponsored or conducted by the city. 11.46.060 Enforcement. A. Any person violating any provision of this chapter may be subject to a civil action brought against the person by the city, may be subject to an administrative citation pursuant to Chapter 1.09 (or successor provisions, as may be amended from time to time), or may be charged with an infraction or misdemeanor. Any person convicted of a misdemeanor for violation of this chapter shall be subject to the penalties set forth in Section 1.01.230(A) (or successor provisions, as may be amended from time to time) of this code. Any person convicted of an infraction shall be subject to the penalties set forth in Section 1.01.230(B) (or successor provisions, as may be amended from time to time) of this code. 353 Ordinance No. _____ Adding Chapter 11.46 to the La Quinta Municipal Code Relating to Unauthorized Camping Adopted: ____________, 2025 Page 8 of 9 B. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable as provided in this chapter. C. The provisions of this chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law. In explanation of the preceding sentence, nothing in this chapter shall affect, limit, or prevent the enforcement of any applicable provisions in Chapter 11.44, including Section 11.44.060(H) (or successor provisions, as may be amended from time to time), of this code. D. Any citation issued for a violation of this chapter may be dismissed upon review by the city manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, the person cited did not engage in any conduct that was contrary to the lawful orders or instructions from any law enforcement officer, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action. E. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person to commit, cause, or maintain a violation of this chapter, which shall be subject to abatement by the city under the provisions of Section 1.01.250 (or successor provisions, as may be amended from time to time) and Section 11.72.050 (or successor provisions, as may be amended from time to time), and any other proceedings or remedies available to the city for public nuisances under state law, Chapter 11.72 of this code, or any other applicable provisions of this code. A violation of this chapter is declared a public nuisance and incorporated by reference into Section 11.72.030 (or successor provisions, as may be amended from time to time) of this code. 354 Ordinance No. _____ Adding Chapter 11.46 to the La Quinta Municipal Code Relating to Unauthorized Camping Adopted: ____________, 2025 Page 9 of 9 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LA QUINTA ) I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof. I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027. ________________________ MONIKA RADEVA, City Clerk City of La Quinta, California DECLARATION OF POSTING I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on the day of , 2025, pursuant to Council Resolution. ________________________ MONIKA RADEVA, City Clerk City of La Quinta, California 355 Coachella Valley Association of Governments April 15, 2025 Subject: City of La Quinta FY 24/25 Q3 Report Contact: Candice Graff, Management Analyst II (cgraff@cvag.org) CV Housing First Clients – By the Numbers from July 1, 2024 to March 31, 2025 CVAG’s CV Housing First program is based on a by-name list known as the CV 200. In July of 2024, the CV 200 changed to the CV 175 due to one of the cities dropping out of the CV Housing First program. In 2025, the CV 175 reverted back to the CV 200 and the additional 25 spots were distributed amongst the participating cities. Each City is allocated slots on the CV 200, with more slots going to the cities that have the greater number of homeless individuals. La Quinta received 3 additional spots for their cities list changing the list from 4 individuals to 7 individuals along with 3 flex spots to use throughout the year . This is part of the regional approach that CVAG deploys: Homeless individuals often do not limit themselves to one location, so housing chronically homeless individuals in one city will inevitably benefit the neighboring cities. Q1 Q2 Q3 Q4 TOTAL Outreach contacts 11 5 8 24 Outreach outings in the city 15 23 25 63 Outreach contacts linked to other services 4 2 3 9 Outreach contacts linked to shelter 0 0 0 0 CV200 placed into Crisis Stabilization Housing 3 1 3 7 CV200 PERMANENTLY HOUSED 1 2 3 6 The Housing First team meets monthly with Senior Code Compliance Officer, Anthony Moreno, Code Compliance, Officer Nikki Hunter, and Community Services Specialist, Luis Magallanez , the CBAT team, and Sheriff’s to discuss encampments and possible resolutions for homeless ATTACHMENT 2 356 individuals and families in the City of La Quinta. Since January 2025, a monthly outreach outing has been set up with the outreach team and Code Compliance Officer Nikki Hunter. In Q3 of FY 24/25, 3 people from the City of La Quinta were placed into a Crisis Stabilization Unit and 3 people from the City of La Quinta moved into a permanent residence . CV Housing First also housed another individual who was homeless on the streets of La Quinta but was on the CV 200 list for a different city. 357 ATTACHMENT 3 358 City of La Quinta CITY COUNCIL MEETING: May 6, 2025 STAFF REPORT AGENDA TITLE: DISCUSS ENFORCEMENT OF ANIMAL LEASH REGULATIONS RECOMMENDATION Review and discuss animal leash law enforcement. EXECUTIVE SUMMARY The City has been made aware of dogs off leash at parks, specifically at the SilverRock Park. La Quinta Code Enforcement and Riverside Country Department of Animal Services enforces leash laws throughout the city, including city parks. The City has 3 dog park locations: Fritz Burns Park, Pioneer Park, and Seasons Dog Park, where dogs can run freely, without a leash. In addition, there are 6 more dog parks around the Coachella Valley where dogs are free to run off-leash. FISCAL IMPACT – None. BACKGROUND/ANALYSIS The City was informed that there has been an abundance of dogs off leash at SilverRock Park. In response, the Public Safety team, which includes the Code Compliance Officers, initiated additional patrols at SilverRock Park to enforce, educate, and issue citations regarding leash laws. Along with these efforts, additional signs were placed to remind the public of the leash requirements. Per La Quinta Municipal Code (LQMC) Section 10.28.010, subsection (A) “No owner or keeper of a dog shall allow or permit the dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises.” In addition, LQMC Section 11.44.060, subsection (A) provides that dogs must be led by a cord or chain, not more than 6 feet long when in a recreational area. If they’re being walked anywhere else in the city, they can have a maximum length of 12 feet. The City currently maintains 3 designated dog parks where dogs are permitted to be off leash. In addition, there are 6 more dog parks within the Coachella Valley that range in size and features. These dog parks have a section designated for small and big dogs to STUDY SESSION ITEM NO. 2 359 be able to roam off leash. The parks are shaded, have benches, have water fountains for both people and dogs, and are regularly maintained by staff and landscaping contractors. The public’s response to leash law enforcement has been mixed. While those that use the SilverRock Park as a leash free dog park are upset and try to circumvent City rules and regulations in different manners. Other members of the community have thanked the Code Compliance team for the extra patrols and enforcement. Some examples of how leash-less dog owners circumvent City rules are: Dog owners monitor the park entrance to leash their dogs as soon as they see a Code Officer. Others opt to visit the park very early in the morning or late in the evening to avoid being seen. Others, when caught by an officer, are confrontational, and may argue or drive away in their golf carts to avoid being cited. Most recently, residents have been observed using long leashes in excess of 20 feet, which don’t meet the City’s municipal code regulation. Members of the public that are in opposition to the leash law and use SilverRock Park on a regular basis attended the March 18, 2025, Council meeting; expressed their disagreement with the Code Compliance patrols at the park; and requested the City consider a compromise for allowing off-leash dogs, perhaps during designated hours in the morning and evening or through a special program. One of the speakers provided Bear Cove Park in Hingham, Massachusetts, as an example where people can have dogs off-leash on odd days and on even days the dogs must be leashed. Dogs must be registered with the City, and owner(s) must provide proof of liability insurance to get a special permit. Similarly, there are other cities that offer leash free locations; however, owners accept full responsibility and liability for their dog’s actions and enter the areas at their own risk. ALTERNATIVES Council may wish to request further information regarding specific items and provide direction regarding next steps. Prepared by: Lisa Chastain, Management Analyst, Public Safety Approved by: Martha Mendez, Public Safety Deputy Director Attachment: 1. La Quinta Municipal Codes Regarding Leash Laws 360 Page 1 of 6 10.08.010 License required. No person within the city owning, possessing, controlling, harboring or keeping any dog over four (4) months of age shall fail, refuse or neglect to procure a dog license tag for such dog from the city manager or authorized agent. No license issued pursuant to this title shall be transferable. Within thirty (30) days of transfer of dog ownership, the new person claiming ownership of said dog shall complete a new application for a dog license and shall procure a new license and tag providing required information as set forth in Section 10.08.050. A rabies tag issued by a veterinarian shall not be considered a city of La Quinta dog license. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.020 Exemptions. A dog license tag is not required for any dog found within the city under any of the following conditions: A. When the dog is owned by, or in the care of, any person who is a nonresident or who is traveling through the city, or who is temporarily sojourning therein, provided the dog is kept within the city for less than thirty (30) consecutive days and less than a total of sixty (60) days in any given year. B. When the dog has a valid license from either the county of Riverside or another city within the county. This exemption shall be available for a maximum period not exceeding one (1) month for any given dog. C.When a service animal is owned by or in the care of any individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. D.When an animal is in training to become a service animal for the purposes of assisting any individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.030 Term. The effective period of each dog license issued shall be not more than three (3) years and, in no case, shall be valid for a period of time longer than the term of immunization specified by the veterinarian performing the dog's rabies vaccination. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.040 Fees. A. The fee for a dog license shall equal an amount fixed from time to time by resolution of the city council; provided, that in the absence of any such established amount, the licensing authority may collect and deposit in the appropriate accounts provided for such purpose a fee in the same amount as is applicable for similar dog licensing in unincorporated areas of the county. B. No fee shall be required for a license for a service animal if such animal is in the possession and under the control of individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. A certification that the dog serves as an official service animal must be provided. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) ATTACHMENT 1 361 Page 2 of 6 10.08.050 Application. The owner shall state at the time application for licensing is made, and upon standard printed forms of applications provided for such purpose, the following information and documentation for each dog: A. Name, address, telephone number, and email address of owner; B. Address where dog is kept; C. Name, breed, age, sex, whether dog is spayed or neutered, and the color of the dog; D. Proof of microchip by written statement of a California licensed veterinarian and microchip number. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.060 Anti-rabies vaccination required with application. As a condition for the issuance of a license a certificate issued by a veterinarian certifying that the dog to be licensed has been administered an anti-rabies vaccination approved for use in the state of California by the California Department of Health Services, and has received an anti-rabies vaccination sufficient to immunize the dog against rabies for the period of the applied for license. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.070 Issuance of tags and certificates. A metallic tag and license certificate with corresponding number shall be furnished by the licensing authority upon payment of the appropriate fee prescribed by Section 10.08.040 of this chapter and upon satisfaction of all conditions stated in this chapter for licensing. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.080 Tag to be worn at all times. The licensing authority shall keep a record of the owner or person making payment of the license fee and to whom a certificate and tag has been issued, including the number and date of the certificate and the tag. The metal tag issued shall be securely fixed to a collar, harness, or other device to be worn at all times by the dog for which the registration is issued. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.090 Tag and certificate—Show upon demand. No person shall fail or refuse to state his or her true name and residence address upon demand of an animal control officer or any law enforcement officer, or to show upon demand of an animal control officer or any law enforcement officer, the license certificate and the tag for any duly registered dog kept or remaining within any home or upon any enclosed premises under his or her immediate control. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 362 Page 3 of 6 10.08.100 Tag—Removal prohibited. No one other than animal control personnel shall remove any dog collar, harness, or other device to which is attached a registration tag for the current license year, or remove the tag therefrom. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.110 Tag—Replacement. If the dog license tag is lost or destroyed, the owner shall immediately procure a duplicate license tag from the licensing authority, for which a fee of one-half (½) the license fee set forth in Section 10.08.040 of this chapter shall be charged. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.08.120 Tag—Altering, counterfeiting or switching. A. It is unlawful to alter, falsify or counterfeit a rabies vaccination certificate, dog license certificate or dog license tag. No tag may be altered by anyone other than the licensing authority or a duly appointed representative. No person shall make use of or have in his or her possession or under his or her control a stolen, counterfeit or forged dog license receipt, dog license tag, rabies vaccination receipt or other form issued in accordance with this chapter. B. It is a violation of this section to attach a city dog license to the collar, harness, or other device of a dog for which the license has not been issued. (Ord. 567 § 2, 2018; Ord. 530 § 2, 2015; Ord. 415 § 1, 2005) 10.12.030 Interference with animal control duties. No person shall interfere with, oppose or resist any person authorized to enforce this title, while such person is engaged in the performance of his or her duties. Making a false statement or report or the falsification of information to an animal control officer shall be considered a violation of this section. (Ord. 567 § 4.5, 2018; Ord. 415 § 1, 2005) 10.28.010 Dogs running at large. A. No owner or keeper of a dog shall allow or permit the dog, whether licensed or unlicensed, to be or run at large in or upon any public place or premises, or in or upon any unenclosed private place or premises, or in or upon any enclosed private place or premises other than those of the owner or keeper except with consent of the person in charge of the private place or premises where the dog is found, unless the dog is securely restrained by a substantial leash not exceeding twelve (12) feet in length and is in charge and control of a person competent to keep the dog under effective control. No lead, leash, tether, or chain used to secure a dog on private property shall extend into the right- of-way. Voice control, electronic control, eye control or signal control shall not be considered adequate restraint. If any dog at large bites any person, the owner or guardian of such dog shall be deemed guilty of an infraction or a misdemeanor as provided in Section 10.16.090. B. Any animal found at large three (3) times or more during any twenty-four (24)-month period shall be deemed a public nuisance. Such animal, upon impoundment, will be held until the owner provides 363 Page 4 of 6 secure containment for the animal and satisfactory proof of liability insurance. The owner shall be responsible for any fees incurred in holding the animal. If the owner fails to provide acceptable containment within thirty (30) days, the animal may be humanely euthanized after following the normal procedures for impounded animals. Only when acceptable containment has been provided, and approved by the animal control department, will the animal be released to the owner. The determinations by the animal control department shall be subject to appeal, and any appeal to a decision under this section shall be handled consistent with the hearing procedures as set forth in Section 10.20.090 of this title. (Ord. 567 § 4.5, 2018; Ord. 530 § 6, 2015; Ord. 482 § 3, 2010; Ord. 415 § 1, 2005) 11.44.060 Prohibited conduct generally. Within the limits of any public park or recreation area of the city, no person shall: A. Hitch, fasten, lead, drive or let loose any animal or fowl of any kind; provided, that this shall not apply to a dog when led by a cord or chain, not more than six (6) feet long; B. Ride or drive any horse or other animal, or propel any street, off-road or farm vehicle, cycle or automobile, except at a place especially designated and provided for such purpose; C. Carry or discharge any firecracker, rocket, torpedo or any other fireworks; provided, that this subsection shall not be deemed to prohibit city-sponsored events or the possession or use of safe and sane fireworks not otherwise prohibited by law, with a permit and at places designated for such purpose by the city; D. Cut, break, injure, deface, remove or disturb any tree, shrub, plant, flower, turf, soil, sand, gravel, fertilizer, rock, building, cage, pen, monument, fence, bench or other structure, apparatus or property; or mark or write upon, paint or deface in any manner, any building, monument, fence, bench or other structure; E. Install, plant, place, or add any landscape material, monument, park furniture, play equipment or addition of any kind, including any memorial item without prior city approval; F. Swim, bathe, wade in, or pollute the water of any fountain, pond, lake or stream, except at a place especially designated and provided for such purpose; G. Make or kindle a fire except as provided in subsection J; H. Camp or lodge therein at any time, or otherwise remain overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose; I. Bring a portable grill, stove or barbeque into the area; J. Utilize anything other than the city-provided, permanent equipment to cook or barbeque food; K. Leave garbage, cans, bottles, papers or other refuse elsewhere than in receptacles provided therefor; L. Play or engage in model airplane flying, remote-controlled equipment or toys operating in the air, on the ground or in water including airplanes, watercraft, vehicles or drones of any kind, driving of golf balls, baseball, softball, football, soccer, volleyball or any similar games of a hazardous nature except at such places where there is at least three thousand (3,000) square feet of open land and/or water and in a clearing not obstructed by trees or overhead wires; 364 Page 5 of 6 M. Play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or maintain or exhibit any gambling table or other instrument of gambling or gaming; N. Indulge in riotous, offensive, threatening, or indecent conduct, or abusive, threatening, profane, or indecent language; O. Disturb in any unreasonable manner any picnic, meeting, service, concert, sporting event, exercise or exhibition; P. Distribute any commercial handbill (as defined in Section 5.20.020) without a prior permit so to do from the city manager, which permit shall be issued only after due processing of an application pursuant to Chapter 5.20, and then only if the city manager determines that it would be affirmatively in the public interest to allow upon public property the commercial activity involved; Q. Post, place, erect, or leave posted, placed or erected, any commercial or noncommercial bill, handbill, circular, notice, paper, or advertising device or matter of any kind, in or upon any building, structure, pole, wire, or other architectural or natural feature of whatever character, except upon a bulletin board or such place especially designated and provided for such purposes, unless prior approval to do so has been obtained from the city manager, which approval shall be given only if the city manager determines that it would be affirmatively in the public interest to allow the use of public property for such purposes, or that constitutional principles require that it be allowed; R. Sell or offer for sale any merchandise, article or thing whatsoever, or practice, carry on, conduct, or solicit for, any trade, occupation, business or profession, unless the activity has been expressly allowed pursuant to specific provisions to such effect contained in either: a permit issued pursuant to Section 11.44.040; a permit issued pursuant to Chapter 5.20; a permit issued pursuant to Chapter 5.48; a concession agreement or franchise or the like duly entered into or granted by the city council; S. Remain, stay or loiter therein between the hours of 10:00 p.m. and dawn of the following day, except while attending a gathering or meeting for which a permit has been issued or which is being sponsored or conducted by the city. This subsection shall not apply to persons lawfully lodging, camping or otherwise remaining overnight at a place especially designated and provided for such purposes; T. Row, sail or operate any boat, craft or other device, on or in any pond, lake, stream or water except at such place as is especially designated and provided for use of such boat, craft, or device; U. Hunt, frighten, chase, set snare for, catch, injure or destroy any animal or bird, or destroy, remove or disturb any of the young or eggs of the same, or injure or maltreat any domestic or other animal; V. Fish with hook and line, seine, trap, spear, or net, or by any other means, in any pond, lake, stream or water, except at a place especially designated and provided for such purpose; W. Feed, chase, capture, harass, injure any species of wild animal or damage the nest or eggs of any wild animal, except as provided in Section 10.28.110 of this code; X. Smoke within the boundaries of the city parks. Smoking shall include all tobacco and cannabis products and all electronic or battery-operated devices that deliver vapor for inhalation. 365 Page 6 of 6 Nothing in this section shall replace or otherwise limit the applicability and enforcement of Chapter 11.16 to all park and recreation areas which are now or which may hereafter be under the jurisdiction and control of the city, including, but not limited to, all grounds, roadways, avenues, parks, buildings, trails, open spaces/usable open spaces as defined in Section 9.280.030 of this code, school facilities when they are in use as recreational facilities, and areas, under the control, management or direction of the city manager. (Ord. 568 § 8, 2018; Ord. 510 § 1, 2013; Ord. 360 § 1, 2001; Ord. 10 § 1, 1982) 366 DEPARTMENTAL REPORT ITEM NO. 4 COMMUNITY SERVICESQUARTERLY REPORT Wellness Center, LQ Library, LQ Museum, and Creation Station January 1 – March 31, 2025 Community Programs & Social Services Wellness Center, FIND Food Distribution, Fritz Burns Pool, & Sports Wellness Center provided fitness and recreation programs to 14,512 participants/fitness members (12,806 fitness gym participants; and 1,706 program participants for SRR Resident Cards, Yoga Monday, Gentle Yoga, Pickleball, Tai Chi Yang, Deep Stretch, Pilates, Ballroom Dance, Nidra Meditation & Sound, Social Bridge, Monday Movies, Mah Jongg, Blackjack for Fun, Ukulele, Dominoes, and Quilting for Good Times). Social service offerings such as the Riverside County Cool/Warm Center, Riverside County Master Composter Training, HICAP, Alzheimer’s Coachella Valley, Read with Me, Bilhartz Insurance, DAP Health, and FIND Outreach were available to the public. Desert Recreation District (DRD) served 1,915 participants (1,008 for open/lap swim, youth swim lessons, Adaptive Swim lessons; Parent & Me lessons; Lifeguard Pre-Qualification; and Water Safety with Lenny the Landshark; 386 Water Aerobics; 496 Senior Splash; and 25 Pirate Party) at Fritz Burns Pool programs/classes. Youth sports programs had 30,177 total participants (players, spectators, coaches) for AYSO (soccer – 14,500), Friday Night Lights (flag football – 1,720), and La Quinta Youth Sports Association (baseball – 13,785). Practices and league games are held at La Quinta Park, Colonel Mitchell Paige Middle School, and the La Quinta Sports Complex. Open Court Time volleyball and basketball programs, a City of La Quinta partnership with Desert Recreation District, had a total of 172 participants at the La Quinta Boys & Girls Club Gym. In partnership with FIND Food Bank, distributed 21,238 pounds of food (food packages/boxes of dry goods and produce) to 948 persons at Coral Mountain, Hadley Villas, Vista Dunes, Washington Street Apartments, and Wolff Waters; FIND also provides mobile pantries for food distribution two times per month at Horizon High School and La Quinta Library Parking Lot.367 La Quinta Library • Attendance: 28,300+ persons visited and participated in various programs; 55,600+ items were circulated; 4,200+ participated in various programs, meetings, and events. During this quarter there were 7,279 reference questions, 1,733 computer sessions, and 33,488 wireless sessions. • Events: Minecraft Escape Room, 6 th Annual La Quinta Bookfest, and Sparkle Party (Harper Colling Children's Author book release party for kids). • Programs: Baby/Toddler Storytimes; Sensory Hour, Library Birthday Party, Teen Anime Café, Level Up LQ, Graphic Novel Club, Read the World, Readers Club, Pagemaster's Book Club, Page Turners Book Club, Chess Club, Culinary Kids, Gardening Club, and Reading Buddies. Circulation/ Programs/ Events 368 La Quinta Creation Station • Attendance: 1,037 people participated in various programs/services. • Memberships: 22 new memberships; 108 active memberships. • Programs: MakerCraft (Sonic & Friends Needle Felting, Bleeding Finger Candle Making, and Animal Mini Mech Kits), Fiber Arts Bootcamp (FAB-Tastic! - Crochet Club, Turn Signal Build, and Hand Puppet Build), and MakerSpace Camps (Ozobots Intro to Coding, 3D Printing & TinkerCAD, NASA Straw Rocket Launch) and Ozobots After School (50 cm Race, Trash Sort, and Out of this World). • Social Media Reach: 728 Facebook Followers; 1,010 Instagram Followers; 131 YouTube Subscribers; and 112 Threads. Makerspace Programs/Services/Memberships 369 La Quinta Museum • Attendance: 2,118 visitors/participants. • Exhibits: Brilliant Expanses/ Fading Vision; Mini Exhibit: 100 Dresses Trunk Show; and ; Spotlight: Hearing the Ancestors. • Events: Music at the Museum (Katie Harris and Secret Jazz Trio; Shakin’ Ground Blues Band; Daveed Macias); Brilliant Expanses Reception – Andrew Dickson; 100 Dresses Workshop; Poetry Reading: The Wordkeepers; Lectures (CVWD: History of Water in the Coachella Valley; Hearing the Ancestors; and Railroad History); and Field Trips (Gerald Ford Elementary – Kindergarten and 1 st Grade). • Programs: Good Books in the Gallery Book Club (The Great Wall of China and The Salton Sea by Russell Rathbun and By Ox Team to California by Lavinia Honeyman Porter), Break with Huell, Genealogy Club, Sketchbook Journaling, TED Talk Meet Up, and Water Media Workshop. • Social Media Promotion: Friday Fun Facts and Exhibit Content is shared via social media with Facebook, Twitter, Instagram, and YouTube subscribers. Exhibits/Programs/Events 370 Concerts in the Park @ SilverRock Park Community Events • The Chico Band performed on Wednesday, March 19 from 5:30-8:00 p.m. and The Dogs performed on Saturday, March 22 from 6:30-9:00 p.m. • Costco was on hand to provide information and snacks along with Birreria Dona Emma food truck. • City staff provided waters, additional snacks, and giveaways to 300+ attendees for both concert events.371 • Attendance: 3,530 residents and 3,577 non-residents used the park this quarter. Park hours: 7 days a week 12:00 – 9:00 p.m. (Monday-Friday) and 9:00 a.m. – 9:00 p.m. (Saturday-Sunday) November – April. • Total Memberships: 130 memberships sold this quarter (84 resident and 46 non-resident). Overall memberships sold to date is approximately 1,449 (1,077 resident and 502 non- resident). • Programs: New Year’s All Wheels Jam; Lonny’s Birthday Jam; Skate Camp Lesson Pop- Up; BMX Beginner Lessons; Quad Meet Up; Mini Skate Camp Lesson; Mini Skate Camp; Scooter Jam; BMX All Jam; and Friday Night. • Events: CV Am 2025; Christian Hosoi Jam with Friends X Park Bike & Skate Programs/ Events/ Memberships 372 HOUSING COMMISSION MINUTES WEDNESDAY, DECEMBER 11, 2024 CALL TO ORDER A regular quarterly meeting of the La Quinta Housing Commission (Commission) was called to order at 5:00 p.m. by Chairperson Gaeta-Mejia. PRESENT: Commissioners Christopherson, Pacheco, and Chairperson Gaeta-Mejia ABSENT: Vice Chairperson Paltin VACANCY: One (1) PLEDGE OF ALLEGIANCE Chairperson Gaeta-Mejia led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA – None CONFIRMATION OF AGENDA – Confirmed ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS – None CONSENT CALENDAR 1.RECEIVE AND FILE MEETING MINUTES DATED SEPTEMBER 11, 2024 MOTION – A motion was made and seconded by Commissioners Pacheco/ Christopherson to approve the Consent Calendar as presented. Motion passed: ayes – 3, noes – 0, abstain – 0, absent – 1 (Paltin), vacancy – one (1). BUSINESS SESSION 1.RECEIVE AND FILE FISCAL YEAR 2023/24 HOUSING AUTHORITY YEAR- END BUDGET REPORT Housing Authority Treasurer Martinez presented the staff report, which is on file in the Clerk’s Office. The Commission discussed the maintenance expenses incurred for the La Quinta Cove properties as listed in Attachment 1 to the staff report; staff provided details on the expenses that attributed to the variance in expenditures. MOTION – A motion was made and seconded by Commissioner Pacheco/Chairperson Gaeta-Mejia to receive and file 2023/24 Housing Authority Year-End Budget Report. Motion passed: ayes – 3, noes – 0, abstain – 0, absent – 1 (Paltin), vacancy – one (1). REPORTS AND INFORMATIONAL ITEM NO. 32 Page 1 of 3 DECEMBER 11, 2024 HOUSING COMMISSION MINUTES QUARTERLY MEETING 373 2.RECOMMEND HOUSING AUTHORITY APPROPRIATE FUNDS AND APPROVE G.M. GORDON ROOFING TO PERFORM TWENTY-EIGHT ROOF REPLACEMENTS FOR THE CITY’S AFFORDABLE HOUSING RENTAL PROPERTIES IN THE LA QUINTA COVE Senior Management Analyst Kinley presented the staff report, which is on file in the Clerk’s Office. The Commission discussed pricing and timeline to complete the roof repairs if this item is approved by the Housing Authority. MOTION – A motion was made and seconded by Commissioners Pacheco/ Christopherson to recommend Housing Authority appropriate funds and approve G.M. Gordon Roofing to perform roof replacements for the City’s 28 affordable housing rental properties in the La Quinta Cove. Motion passed: ayes – 3, noes – 0, abstain – 0, absent –1 (Paltin), vacancy – one (1). 3.RECOMMEND HOUSING AUTHORITY ADOPT RESOLUTION TO DECLARE ASSESSOR PARCEL NUMBERS 600-030-039, 600-030-036, AND 600-390-024 LOCATED IN THE CITY OF LA QUINTA, CALIFORNIA AS SURPLUS LAND Senior Management Analyst Kinley presented the staff report, which is on file in the Clerk’s Office. MOTION – A motion was made and seconded by Chairperson Gaeta- Mejia/Commissioner Pacheco to recommend the Housing Authority: 1)Adopt a Resolution to declare Assessor Parcel Numbers 600-030-039, 600-030- 036, and 600-390-024, located in the City of La Quinta, California, as surplus land; 2)Authorize the Executive Director to execute and administer the necessary notice(s) related to the declarations made in the resolution; and 3)Find that the declarations are exempt from environmental review pursuant to Section 15312 of the California Environmental Quality Act (CEQA). Motion passed: ayes – 3, noes – 0, abstain – 0, absent – 1 (Paltin), vacancy – one (1). STUDY SESSION 1.DISCUSS FISCAL YEAR 2024/25 HOUSING COMMISSION ACTIVITY Senior Management Analyst Kinley presented the staff report, which is on file in the Clerk’s Office. The Commission discussed the Regional Housing Needs Assessment (RHNA) requirements for La Quinta and its compliance status; and the timeline and potential development plans for the three vacant parcels discussed under Business Session Item No. 3 of this agenda. Page 2 of 3 DECEMBER 11, 2024 HOUSING COMMISSION MINUTES QUARTERLY MEETING 374 DEPARTMENTAL REPORTS – Verbal Updates 1.UPDATE ON CURRENT HOUSING COMMISSION AND HOUSING AUTHORITY ACTIVITY Staff noted ensuring compliance with the Surplus Land Act may take some time; options for future affordable housing projects are being considered and evaluated; and Mr. Samuel Turley resigned his appointment on the Commission because he moved to the city of Indio, and an update on filling the vacancy will be provided in the future. COMMISSIONERS’ ITEMS – None ADJOURNMENT There being no further business, a motion was made and seconded by Chairperson Gaeta-Mejia/Commissioner Pacheco to adjourn this meeting at 5:28 p.m. Motion passed: ayes – 3, noes – 0, abstain – 0, absent – 1 (Paltin), vacancy – one (1). Respectfully submitted, Laurie McGinley, Commission Secretary/Management Specialist City of La Quinta, California Page 3 of 3 DECEMBER 11, 2024 HOUSING COMMISSION MINUTES QUARTERLY MEETING 375 376 Palm Springs Airport Commission Report – April 23, 2025, Meeting Discussion and Action Items: Conference Room Project Update – During construcƟon the June and July meeƟngs will be held in the Large Conference Room at City Hall behind the Council Chambers. Concessions Update – The Coachella FesƟval temporary lounge will run one more weekend. Concessions are contractually obligated to be open at least 30 minutes before the first flight and 30 minutes aŌer the last flight, and a couple of the vendors need to be reminded of that requirement. MarkeƟng Update – March total passengers was 4.3% up from 2024. Looking to increase awareness that people can easily get to anyplace they want to so long as they are willing to take a brief beginning flight to a hub city like Denver or Dallas instead of driving to LAX. Also, wanƟng to increase awareness that PSP is a less congested airport to fly into and out of in the summer months versus the LAX, Ontario, etc. Projects and Capital Improvement Program Update – The recent Airport Baggage Handling System In- Line Screening project had only one bid, and it was over $10 million over the $75 million engineer’s esƟmate. So staff has recommended that the City Council reject the bid, and instruct the Procurement staff to revise the bid documents and design specificaƟons and re-bid the project. There are no other major updates. ExecuƟve Director Report – Airport staff recently visited the FAA and congressional leaders in Washington, D.C., to discuss project funding cuts. Mark Weier from Daley Strategies, reported on the various meeƟngs which occurred. Outbound Baggage Handling project was pulled along with similar projects at all other airports. City leƩers of support have been obtained from eight Coachella Valley ciƟes to give to Congressman Ken Calvert to help bolster our support. They are using this specific project to help plant the seeds of support for addiƟonal projects over the next several years. Next Commission MeeƟng: May 21, 2025, at 4:00 PM 2025 Airport Commission Calendar – Future planned meeƟngs on 5/21, 6/18, 7/16, 9/17, 10/15, 11/19, 12/10. REPORTS AND INFORMATIONAL ITEM NO. 33 377 9 AIRPORT COMMISSION MEETING AGENDA Airport Conference Room, Palm Springs International Airport 3400 E. Tahquitz Canyon Way, Palm Springs, CA 92262 Wednesday, April 23, 2025 – 4:00 P.M. To view/listen/participate virtually in the meeting live, please contact Tanya Perez at Tanya.Perez@palmspringsca.gov or the following telephone number (760) 318-3805 to register for the Zoom meeting. There will be an email with Zoom credentials sent after registration is complete, to access the meeting and offer public comment. Registration is not required to attend the meeting in person. In addition, the meeting will also be teleconferenced pursuant to Government Code Section 54953 from the following location(s): Commissioner Bryan Ebensteiner – Palm Springs 1407 Nostrand Avenue Brooklyn, NY 11226 Commissioner J Craig Fong – Palm Springs Summerfield Defford, England, WR8 9BG Commissioner Tracy Martin – Palm Springs 2771 Ori Ave San Jose, CA 95128 Commissioner Kevin Wiseman – Palm Desert 71703 Highway 111 Rancho Mirage, CA 92270 Each location is accessible to the public, and members of the public may address the Airport Commission at any of the locations listed above. Any person who wishes to provide public testimony in public comments is requested to register for the Public Comments portion of the meeting. You may submit your public comments to the Airport Commission electronically. Material may be emailed to: Tanya.Perez@palmspringsca.gov - Transmittal prior to the start of the meeting is required. Any correspondence received during or after the meeting will be distributed to the Airport Commission and retained for the official record. To view Airport Commission meeting videos, click on YouTube. City of Palm Springs: Riverside County: Margaret Park City of Cathedral City: Christian Samlaska City of Palm Desert: Kevin Wiseman Kevin J. Corcoran –Chairman Todd Burke –Vice Chairman Dave Banks J Craig Fong City of Indian Wells: Robert Berriman City of Coachella: Denise Delgado City of Rancho Mirage: Keith Young Daniel Caldwell Ken Hedrick Bryan Ebensteiner Tracy Martin City of La Quinta: Geoffrey Kiehl City of Desert Hot Springs: Dirk Voss City of Indio: Rick Wise David Feltman Samantha McDermott Palm Springs City Staff Scott C. Stiles, ICMA-CM Harry Barrett Jr., A.A.E. Jeremy Keating, C.M. City Manager Executive Director or Aviation Assistant Airport Director 378 Airport Commission Meeting Agenda April 23, 2025 – Page 2 _______________________________________________________________________________________ 1. CALL TO ORDER – PLEDGE OF ALLEGIANCE 2. POSTING OF AGENDA 3. ROLL CALL 4. ACCEPTANCE OF AGENDA 5. PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission. 6. APPROVAL OF MINUTES: Minutes of the Airport Commission Regular Meeting of January 15, 2025. 7. DISCUSSION AND ACTION ITEMS: 7.A Conference Room Project Update 7.B Noise Committee Update 7.C Concessions Update 7.D Marketing Update 7.E Financial Update 7.F Employment Update 7.G Projects and Airport Capital Improvement Program Update 8. EXECUTIVE DIRECTOR REPORT 9. COMMISSIONERS REQUESTS AND REPORTS 10. REPORT OF COUNCIL ACTIONS: 10.A Past City Council Actions 10.B Future City Council Actions 11. RECEIVE AND FILE: 11.A Airline Activity Report March 2025 11.B Airline Activity Report Fiscal Year Comparison 12. COMMITTEES: 12.A Future Committee Meetings 12.B Committees Roster ADJOURNMENT: The Airport Commission will adjourn to the Regular Meeting on May 21, 2025, at 4:00 P.M. 379 Airport Commission Meeting Agenda April 23, 2025 – Page 3 _______________________________________________________________________________________ AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Executive Director of Aviation, City of Palm Springs, California, hereby certify this agenda was posted on April 17, 2025, in accordance with established policies and procedures. PUBLIC NOTICES Pursuant to G.C. Section 54957.5(b)(2) the designated office for inspection of records in connection with the meeting is the Office of the City Clerk, City Hall, 3200 E. Tahquitz Canyon Way. Complete Agenda Packets are available for public inspection at: City Hall Office of the City Clerk. Agenda and staff reports are available on the City’s website www.palmspringsca.gov. If you would like additional information on any item appearing on this agenda, please contact the Office of the City Clerk at (760) 323-8204. It is the intention of the City of Palm Springs to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the City will attempt to accommodate you in every reasonable manner. Please contact the Department of Aviation, (760) 318-3800, at least 48 hours prior to the meeting to inform us of your particular needs and to determine if accommodation is feasible. 380 HAND OUTS CITY COUNCIL MEETING MAY 6, 2025 From: ca therlne Bray 6' 18@gmail.com cathybray Subject: ·1 23 2025 at 2:45 PM 1 S@gmail com Date: Apn . 'e Bray cathybray To: cathenn - - . ,,? z CITY COUNCIL MEETING MAY 6, 2025 - HANDOUT BY RESIDENT CATHERINE BRAY MATTERS NOT ON THE AGENDA - REPLACEMENT LOCATIONS FOR THE CLOSING UNITED STATES POSTAL SERVICE OFFICE IN COVE From: Catherine Brey calhybrey18@-gmall oom " Subject: Date: April 23. 2025 al 2 44 PM To: catnertne Brey oa1hybray18@•gmaJJ com From: catherlne Bray cathybray18@gmail com o Subject: Date: April 23, 2025 at 2:45 PM To: catherine Br'-ay cathybray18@gmail.com From: catherine Bray cathybray18@gmail.com Subject: Date: April 23, 2025 at 2:47 PM To: catherine Bray cathybray18@gmail.com --------. ..._ POWER POINTS CITY COUNCIL MEETING MAY 6, 2025 May 6, 2025 1 City Council Regular Meeting May 6, 2025 City Council Regular Meeting May 6, 2025 PUBLIC COMMENT – MATTERS NOT ON THE AGENDA 5/7/2025 1 2 May 6, 2025 2 City Council Regular Meeting May 6, 2025 CLOSED SESSION IN PROGRESS 3 4 May 6, 2025 3 City Council Regular Meeting May 6, 2025 PUBLIC COMMENT – MATTERS NOT ON THE AGENDA 5/7/2025 5 6 May 6, 2025 4 City Council Meeting May 6, 2025 P1 – SilverRock Development Project Status Update 7 8 May 6, 2025 5 City Council Meeting May 6, 2025 P2 – Introduce New and Promoted City Staff Members City Council Meeting May 6, 2025 P3 – Certificates of Recognition to La Quinta Employees for their Dedication and Service 9 10 May 6, 2025 6 City Council Meeting May 6, 2025 P4 – Update on Children’s Discovery Museum Programs from CEO Cindy Burreson 11 12 May 6, 2025 7 13 14 May 6, 2025 8 15 16 May 6, 2025 9 ATTENDANCE MAY -2,309 JUNE - 6,882 JULY - 7,072 AUGUST - 5,677 SEPTEMBER - 2,101 OCTOBER- 4,943 NOVEMBER-5,638 DECEMBER-5,045 JANUARY- 5,911 FEBRUARY- 5,547 MARCH- 8,911 APRIL- 7,966 OUR 17 18 May 6, 2025 10 2 3 4 5 10:30 Art 1:00 Storytime 3:00 Art 12 19 20 21 2 9 13 16 23 27 8 15 22 29 30 14 2826 SAT Mon/Wed Art Creations at Noon and 3:30 Tues/Fri Story Time at Noon and 3:30 Thurs Music & Movement at Noon/Science at 3:30 SUN MON TUE WED THU FRI Museum Closed *Subject to change without notice Museum Closed Museum Closed Museum Closed 1 3 4 5 6 7 10 1 1 17 18 24 25 3:00 Sensory Play 3:00 Sensory Play Sensory Play every other Wednesday/no 3:30 art Grown Up & Me Yoga- Friday at 8am (registration required via website) Saturday programming varies 31 Museum Closed No Yoga Today It’s time forfield trips at 19 20 May 6, 2025 11 camp SUMMER K I D S REGISTRATION NOW OPEN of Joy Week1: June9 - 13Theme:D.I.R.T.Camp Description:Join us for D.I.R.T. Camp at CDMoD! As Nature Navigators, we will be exploring everything from Indigenous and Invasive plant species in the desert, Desert insects and animals, alternative natural energy sources, to environmental stewardship all weeklong! Week2: June16- 20 Theme:TheOlympics Description: Go for the Gold! Campers will explore Olympic sports, traditions, and culturesfrom around the world. With team games,medal-worthy crafts and lessons in perseverance,everyone’sa winner this week! Week3: June23- 27 Theme:ArtsyFartsy Description: Unleash your creativity! This colorful week is all about famous artists, fun techniques and playful materials. From painting to sculpting, campers will explore different artistic styles while creating their own masterpieces using a different medium each day. Week4: June30- July3 Theme:All-American Roadtrip Description: Pack your bags! We’re road-tripping across the USA to discover iconic landmarks, regional traditions and delicious destinations. Each day brings a new state offun, games,art and movement. Week5: July7 - 11 Theme:Time Travelers Description: Hop in our time machines and set off on a journey through history. Campers will explore Ancient Egypt, the Renaissance, Dinosaurs, the Wild West and morewith themed projects,music,and storytelling. Join us for a summer packed with imagination, discovery and JOY! Each week features hands-on activities in arts & crafts, science, storytelling and music and movement-all built around an exciting theme! AT CHI LDREN’S DI SCOVERY MUSEUM OF THE DESERT 21 22 May 6, 2025 12 Week 6: July 14 - 18 Theme: Mad Scientists Description: Inspired by the wonder of science and the thrill of experimentation, this week is packed with exciting hands-on activities and Mythbuster-style challenges that make learning seriously fun! Week 7: July 21 - 25 Theme: Lights, Camera, Action! Description: The stage is set for performing arts fun! This week will be all about discovering how to express yourself through different forms of storytelling; from dance to music to acting. Campers will find their role in it all, whether it be building props, set design, being behind the lens, or taking center stage! Week 8: July 28 - August 1 Theme: Medieval Times Description: Castles and dragons and knights, oh my! Campers will build catapults, design royal crests, and explore the legends and inventions of the Middle Ages through playful hands-on activities. Week 9: August 4 - 8 Theme: Blast Off! Description: 3...2...1...Blast off! From rocket launches to moon missions, this week is all about the wonders of space. Campers will explore planets, build space gear, and discover stars through science and play. Week 10: August 11 - 16 Theme: Mindfulness and Kindness Description: Let’s get grounded. Through calming crafts, story time, yoga-inspired movement and other activities, campers will gain tools to support their well-being, empathy and back-to-school readiness. Camps are Monday-Friday 9-3 $400/week Age groups 5-7 and 8-10 scan QR code for Policies & Procedures Increased Accessibility 23 24 May 6, 2025 13 MEET GABBY AT ON MARCH 1ST! 10:30am - 2:00pm SCAN TO RESERVE! 25 26 May 6, 2025 14 dj and dancing arts and crafts outdoor fun and games flower crowns and bandanas kids’ tattoo station bubble machine photo selfie station sunday 10-1 outdoors KIDS MUSIC FESTIVAL & FUN 71-701 gerald Ford drive in rancho mirage and digital party sound present an event for our visiting la families 27 28 May 6, 2025 15 Toddler & Grownup Yoga Fridays at 8am $5 BOOK YOUR SLOT NOW! Fun Yoga Breathwork with Bubbles Music and Movement A CLASS Zen Lawn made possible by Namaste Fridays on the Zen Lawn at In partnership with Heart and Sol Yoga GARDEN COCKTAIL AND TEA PARTY MARTINIS AND BELLINIS 3-5pmJUNE 14 AT THE EXCLUSIVE CACHE ESTATE 80800 50TH AVENUE IN INDIO CELEBRATING CHILDREN & FAMILIES WITH HANSON HOUSE AND CHILDREN’S DISCOVERY MUSEUM OF THE DESERT LITE BITES AND DESSERTS AND BEVERAGES WILL BE SERVED YOUR TICKET ALSO GIVES YOU A CHANCE TO WIN A LAB-GROWN DIAMOND SET IN A BEAUTIFUL GOLD NECKLACE VALUED AT $1500, DONATED BY GEORGE’S FINE JEWELRY TICKETS ARE $75/PERSON 29 30 May 6, 2025 16 HOW CAN YOU HELP? ANY QUESTIONS? Thank you for your continued support and guidance THANK YOU 31 32 May 6, 2025 17 City Council Regular Meeting May 6, 2025 B1- Approve Agreement with the County of Riverside to Provide Law Enforcement Services for Fiscal Years 2025/26 and 2026/27 33 34 May 6, 2025 18 Background • The City and the Riverside County Sheriff’s Department have been partners in community safety for years. • In the last three years improvements include, Public Safety Camera System, Automated License Reader and the conversion of three traffic deputies into motor officers. • Decline of crime rates since 2022. Agreement Terms • The proposed agreement will be effective from July 1, 2025, through June 30, 2027. • 130 fully supported hours per day (equivalent to approximately 25 Deputy Sheriff positions at 1,884 annual productive hours per position). • Projected 9.5% rate increase the estimated Agreement amount for fiscal year (FY) 2025/26 is $21,870,000. 35 36 May 6, 2025 19 FY25/26 Projected Rate Increase • Rates are due to 7% salary and benefit increase, 1 % ISF, 1.5% for LEMU’s (Law Enforcement Management Unit – Union for sergeants, lieutenants and captains) project contract and potential union increases. • The Sheriff's Department is committed to being cost effective and has proven through the years to stay under budget. • The Sheriff’s Department works closely with city staff to be fiscally conservative. Law Enforcement Team Dedicated Positions are as follows: One (1) Lieutenant Two (2) Sergeants Five (5) Deputy Sheriffs classified as the Special Enforcement Team (SET) – Target Team Four (4) Motor Officers One (1) Traffic Officer One (1) Deputy Sheriff (unsupported) position – Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position – Coachella Valley Narcotics Task Force Six (6) Community Service Officers II 37 38 May 6, 2025 20 Questions 39 40 May 6, 2025 21 City Council Meeting May 6, 2025 B2 – Approve Agreement for Contract Services with JNS Next for Marketing and Media Services 5/7/2025 Overview • In February 2025, the City solicited for Request for Proposals for a full service marketing agency – 24 submittals received – 4 firms interviewed – JNS Next was selected based on experience and qualifications 41 42 May 6, 2025 22 Agreement Terms • Proposed agreement for Contract Services for JNS Next is for a 5 year term • Amount not to exceed $725,000 per fiscal year • Option to extend for an additional 2-years CostFiscal Year $725,0002025-26 $725,0002026-27 $725,0002027-28 $725,0002028-29 $725,002029-30 $3,625,000Total for 5-year Term Optional 2-year Extended Term $725,0002030-31 $725,0002031-32 $1,450,000Total 2-year Term $5,075,000Grand Total 43 44 May 6, 2025 23 Proposed Services • These are proposed and subject to change based on city direction/strategy FY CostServices $153,000Account Management $7,000Strategic Communication/Planning $125,000Public Relations & Creative $50,000Website Maintenance & SEO $390,000Media Buy $725,000Total Strategy Create strategies to educate and inform residents through in-person activations, the City’s podcast platform, strategic social media, and local media platforms. Continue communications to businesses with further enhancements to the Economic Development microsite, utilizing the Chamber business walks, and frequent e-blasts. Expanded marketing plan to include additional print and digital platforms to our direct flight markets, as well as additional media to ensure local coverage. 45 46 May 6, 2025 24 Questions/Comments 47 48 May 6, 2025 25 City Council Regular Meeting May 6, 2025 S1 – Ordinance to Regulate Unauthorized Camping within the City Background • In June 2024, in the case of City of Grants Pass, Oregon v. Johnson, the Supreme Court held the enforcement of laws regulating camping on public property. • Following this decision, California Governor Gavin Newsom mandated an executive order to encourage state and local agencies to put policies in place to clear camps that are in public. 49 50 May 6, 2025 26 Local Impact • Cities across the Coachella Valley have seen an increase in unauthorized camping. • This raises significant health and safety concerns. • Many other local cities have established regulations prohibiting unauthorized camping. Unauthorized Camping Ordinance • Current municipal code (LQMC Section 11.44.060(H)) prohibits camping or overnight stays in public parks and recreation areas, except in designated zones. • The proposed ordinance aims to update regulations to ensure fair use of public and private property open to the public, balancing accessibility with enforcement. • Proposed ordinance is intended to give law enforcement appropriate tools to manage public safety and nuisance issues while complying with federal law regarding homelessness. 51 52 May 6, 2025 27 Resources Available • The City of La Quinta partners with Coachella Valley Rescue Mission, Coachella Valley Association of Governments (CVAG), and Martha’s Kitchen. • City staff also works directly with CVAG Housing First Program, which provides emergency and temporary housing, and case workers. • Through these efforts we are connecting people with programs that assist with their needs. Questions 53 54 May 6, 2025 28 City Council Regular Meeting May 6, 2025 S2 – Discuss Leash Law Enforcement 55 56 May 6, 2025 29 Background • Staff were notified that off-leash dogs had become a growing concern. • Code Compliance team started additional patrols at parks to enforce, educate and cite. • Feedback from the public has been mixed. Community Awareness Staff initiated an educational campaign which included printed material and social media reminders. Additional signage was placed at SilverRock Park, La Quinta Civic Center, and hiking trails. 57 58 May 6, 2025 30 Leash Law Enforcement • Valuable time and commitment contributed by staff. • This includes increased daily park patrols, overtime to cover weekends, and special events. Plus, time devoted to processing citations. • This initiative is also supported by Animal Services, Sheriff’s Department, and a contract security guard. Leash Law Enforcement Outcomes Beginning in March 2025 and the subsequent 6 weeks: • 180 hours Code Compliance • 30 hours Animal Control Officer • 18 Leash Law Violation Citations Issued • Over 200 Verbal Courtesy Notices • Riverside County Sheriffs Department dispatched 4 times • DRM security patrolled 24 times 59 60 May 6, 2025 31 La Quinta Dog Parks • Fritz Burns Park located at the corner of Calle Sinaloa (Ave. 52) and Avenida Bermudas. • Pioneer Park located at 45-130 Seeley Drive • Seasons Dog Park located on Cloud View Way • There are a total of 11 off-leash dog parks in the Coachella Valley. Questions 61 62 May 6, 2025 32 63