Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2025 08 05 Council
CITY COUNCIL AGENDA Page 1 of 8 AUGUST 5, 2025 CITY COUNCIL AGENDA CITY HALL COUNCIL CHAMBER 78495 Calle Tampico, La Quinta REGULAR MEETING ON TUESDAY, AUGUST 5, 2025 2:00 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 AUGUST 5, 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) 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 RIVERSIDE COUNTY SHERIFF’S DEPARTMENT LIEUTENANT NICHOLAS LINGLE CONSENT CALENDAR NOTE: Consent Calendar items are routine in nature and can be approved by one motion. PAGE 1. APPROVE COUNCIL MEETING MINUTES DATED JULY 15, 2025 9 2. AUTHORIZE OVERNIGHT TRAVEL FOR TWO CODE COMPLIANCE OFFICERS TO ATTEND THE CALIFORNIA MUNICIPAL REVENUE AND TAX ASSOCIATION 2025 ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, NOVEMBER 5-7, 2025 17 3. AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY BUILDING OFFICIAL, TWO SENIOR BUILDING INSPECTORS, AND A BUILDING INSPECTOR TO ATTEND THE CALIFORNIA BUILDING OFFICIAL’S EDUCATION WEEK IN COSTA MESA, CALIFORNIA, OCTOBER 26-30, 2025 19 4. APPROVE MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF TWO SCHOOL RESOURCE OFFICERS 21 CITY COUNCIL AGENDA Page 3 of 8 AUGUST 5, 2025 25 29 39 67 77 95 111 117 123 129 151 BUSINESS SESSION PAGE 1. APPROVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR ANIMAL SHELTER, FIELD AND LICENSING SERVICES 161 5. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2025/26 SLURRY SEAL IMPROVEMENTS PROJECT NO. 2025-02 6. APPROPRIATE ADDITIONAL FUNDING IN THE AMOUNT OF $1,702,000; AND AWARD CONTRACT TO RG GENERAL ENGINEERING INC FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 7. APPROVE AGREEMENT OF SERVICES WITH ITI DIGITAL SOLUTIONS FOR WEBSITE CALENDAR AND BUSINESS LISTING MAINTENANCE 8. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH RY+AO FOR THE X-PARK BUILDING AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-08 9. APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH RY+AO FOR MAINTENANCE AND OPERATIONS YARD PROJECT NO. 2018-05 PHASE 3 CONSTRUCTION DOCUMENTS SERVICES 10. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH SOUTHSTAR ENGINEERING AND CONSULTING, INC FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE HIGHWAY 111 REHABILITATION PROJECT NO. 2022-25 11. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH CLEARGOV, INC FOR BUDGETING AND TRANSPARENCY SOFTWARE FOR A ONE-YEAR TERM EXTENSION AND ADDITION OF PERSONNEL BUDGETING MODULE 12. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH GOVINVEST INC FOR ACTUARIAL CONSULTING AND TECHNOLOGY SERVICES FOR A TWO-YEAR TERM EXTENSION 13. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2025 14. APPROVE DEMAND REGISTERS DATED JULY 11 AND 18, 2025 15. APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED APRIL 18, MAY 16, JUNE 13, AND JULY 11, 2025 CITY COUNCIL AGENDA Page 4 of 8 AUGUST 5, 2025 223 229 STUDY SESSION – None PUBLIC HEARINGS – 5:00 p.m. or thereafter For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words). Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing. PAGE 1. ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE [RESOLUTION NO. 2025-021] 315 DEPARTMENTAL REPORTS PAGE 1.CITY MANAGER 2.CITY ATTORNEY 3. CITY CLERK – SHORT-TERM VACATION RENTAL PROGRAM QUARTERLY REPORT – APRIL-JUNE 2025 411 4.COMMUNITY SERVICES QUARTERLY REPORT – APRIL-JUNE 2025 419 5.DESIGN AND DEVELOPMENT QUARTERLY REPORT – APRIL-JUNE 2025 431 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) 2. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH RINCON CONSULTANTS, INC FOR GEOGRAPHIC INFORMATION SYSTEM TECHNICAL SUPPORT SERVICES 3. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FLOCK GROUP, INC FOR AUTOMATIC LICENSE PLATE READER SYSTEM WITHIN LA QUINTA’S BOUNDARIES; AND AUTHORIZE RIVERSIDE COUNTY SHERIFF’S DEPARTMENT AS THE SYSTEM’S ADMINISTRATOR AND AUTHORIZED USER CITY COUNCIL AGENDA Page 5 of 8 AUGUST 5, 2025 5.LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans) 6.COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans) 7.COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT (Evans) 8.ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick) 9.DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez) 10.DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey) 11.COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña) 12.RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick) 13.CVAG TRANSPORTATION COMMITTEE (Fitzpatrick) 14.COMMUNITY SERVICE GRANT REVIEW COMMITTEE (Evans & Sanchez) 15.COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey) 16. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Evans) 17. LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey) 18. LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey) 19.CANNABIS AD HOC COMMITTEE (Peña & Sanchez) 20.CVAG PUBLIC SAFETY COMMITTEE (Peña) 21.CVAG HOMELESSNESS COMMITTEE (Peña) 22.COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña) 23.SUNLINE TRANSIT AGENCY (Peña) 24.ART PURCHASE COMMITTEE (Sanchez & McGarrey) 25.CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez) 26. CALIFORNIA ASSOCIATION OF LOCAL AGENCY FORMATION COMMISSION (Sanchez) 27.COACHELLA VALLEY ANIMAL CAMPUS COMMISSION (Sanchez) 28.LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez) 29.RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION (Sanchez) 30.RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez) 31.SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Sanchez) 32. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez) 33. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED JULY 16, 2025 435 ADJOURNMENT ********************************* The regular City Council meetings of August 19, 2025, and September 2, 2025, have been cancelled. The next regular meeting of the City Council will be held on September 16, 2025, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253. CITY COUNCIL AGENDA Page 6 of 8 AUGUST 5, 2025 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 August 1, 2025. DATED: August 1, 2025 MONIKA RADEVA, City Clerk City of La Quinta, California Public Notices Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)]. The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24-hours in advance of the meeting and accommodations will be made. If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting. PUBLIC COMMENTS - INSTRUCTIONS Members of the public may address the City Council on any matter listed or not listed on the agenda as follows: WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to 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. CITY COUNCIL AGENDA Page 7 of 8 AUGUST 5, 2025 VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor. In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments. Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor. Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor. All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code §7920.000 et seq.]. TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. CITY COUNCIL AGENDA Page 8 of 8 AUGUST 5, 2025 *** 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 7 JULY 15, 2025 CITY COUNCIL MINUTES TUESDAY, JULY 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 – Confirmed 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) 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: Langdon v. City of La Quinta (Small Claims Court, Riverside County Superior Court, Case No. SCPS2500496) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:02 P.M. CONSENT CALENDAR ITEM NO. 1 9 CITY COUNCIL MINUTES Page 2 of 7 JULY 15, 2025 MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:02 P.M. WITH ALL MEMBERS PRESENT REPORT ON ACTION(S) TAKEN IN CLOSED SESSION: Mayor Evans said Council will recess back to Closed Session after the Open Session portion of tonight’s agenda to continue consideration of the Closed Session items. PLEDGE OF ALLEGIANCE Councilmember Peña led the audience in the Pledge of Allegiance. PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA PUBLIC SPEAKER: Jose Arredondo, La Quinta – submitted a Request to Speak form regarding “making La Quinta a sanctuary city,” but was not present to speak when called upon by the Mayor. PUBLIC SPEAKER: Mary Mann, La Quinta – opposed the location of the bighorn sheep fence installed at the Club at Coral Mountain development (located south of Avenue 58, north of Avenue 60, and east and west of Madison Street), pursuant to Amendment No. 5 to Specific Plan 2003-067; and believes the fence cuts off public access to the open land. ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS 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 regarding the bankruptcy case are available on the City’s website at www.laquintaca.gov/talus. Mr. Ihrke noted there were no new updates to be reported on the bankruptcy cases as there have been no hearings held in open court since the last update provided at the July 1, 2025, Council meeting. As previously announced, pursuant to the U.S. Bankruptcy Court-approved Bid Procedures (March 2025), the process to secure a future developer for the project continues; the next Omnibus Hearing date is set for July 18, 2025; and a subsequent announcement of the court’s direction from the hearing will be provided at the next Council meeting. 10 CITY COUNCIL MINUTES Page 3 of 7 JULY 15, 2025 2. FAMILY YMCA OF THE DESERT PRESENTATION BY CHIEF EXECUTIVE OFFICER PAULA SIMONDS AND COMMUNITY PROGRAM DIRECTOR JUSTIN HICKEY REGARDING PROGRAMS AND SERVICES Ms. Simonds and Mr. Hickey provided an update on the Family YMCA of the Desert’s programs and services including childcare, day camps, financial assistance, etc.; provided updates of programs at the two YMCA facilities in the City, the La Quinta Development Center and John Adams Early Childhood Learning Center. 3. PROCLAMATION IN RECOGNITION OF OUTDOOR WORKER APPRECIATION WEEK – JULY 14 – 20, 2025 Field Representative Felipe Ortiz representing Assemblymember Greg Wallis AD 47 Office presented a Proclamation in recognition of Outdoor Worker Appreciation Week. Council commended the Public Works team for their efforts and dedication in serving the community, and presented a proclamation in recognition of Outdoor Worker Appreciation Week. 4. CERTIFICATE OF APPRECIATION COMMENDING CHRIS SCHULTZ FOR HIS CONTRIBUTIONS TO THE CITY’S GRAVEL PROGRAM PROJECTS Code Compliance/Animal Control Supervisor Lynch provided an overview of the City’s Gravel Program Projects and Chris Schultz contributions to the program. Mayor Evans presented a Certificate of Appreciation commending Mr. Schultz for his dedication and service to the community. CONSENT CALENDAR 1. APPROVE COUNCIL MEETING MINUTES DATED JULY 1, 2025 2. AUTHORIZE OVERNIGHT TRAVEL FOR MARKETING MANAGER TO ATTEND CALIFORNIA TRAVEL ASSOCIATION SUMMIT 2025 IN LAKE TAHOE, CALIFORNIA, OCTOBER 5 – 9, 2025 3. AUTHORIZE HISTORIC PROPERTY PRESERVATION AGREEMENT PURSUANT TO THE MILLS ACT FOR DESIGNATED HISTORIC LANDMARK PROPERTY LOCATED AT 51407 AVENIDA VELASCO; CASE NO. MLLS 2025- 0001 4. ACCEPT THE CITYWIDE MISCELLANEOUS AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2024-05 (COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT NO. 4.LQ.50-24) LOCATED IN MULTIPLE LOCATIONS WITHING THE CITY’S VILLAGE AREA 11 CITY COUNCIL MINUTES Page 4 of 7 JULY 15, 2025 5. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED APRIL 30, 2025 6. APPROVE DEMAND REGISTERS DATED JUNE 20 AND 27, 2025 MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to approve the Consent Calendar as presented. Motion passed unanimously. BUSINESS SESSION 1. APPROVE POLICY ESTABLISHING CITY REVIEW GUIDELINES FOR THE HISTORIC PLAQUE PROGRAM ADMINISTERED BY THE LA QUINTA HISTORICAL SOCIETY Interim Design and Development Director Flores presented the staff report, which is on file in the Clerk’s Office. Council discussed the verification process of designated historical landmark properties eligibility for the Historic Plaque Program; the La Quinta Historical Society’s (LQHS) procurement and guidelines of historic landmark plaques; and the desire to integrate the City’s historic landmark properties and historical sites which were previously given landmark plaques on a single map or list. PUBLIC SPEAKER: Linda Williams, President of LQHS, La Quinta resident – spoke of the LQHS’s guidelines and application for historic plaques, and the continuous efforts to establish more ways to recognize historical properties. PUBLIC SPEAKER: Michael Paganelli, recipient of the first residential Landmark Designation, La Quinta resident – expressed appreciation for the City’s partnership and support for this program. MOTION – A motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to approve a policy establishing City review guidelines for the Historic Plaque Program, administered by the La Quinta Historical Society, as presented. Motion passed unanimously. STUDY SESSION 1. REVIEW AND DISCUSS STRATEGIC PLAN SEMI-ANNUAL UPDATE Marketing and Communications Specialist Barkas presented the staff report, which is on file in the Clerk’s Office. PUBLIC SPEAKER: Mary Mann, La Quinta – expressed desire for community involvement in the Highway 111 Specific Plan, and asked about the City’s commitment to the development of affordable housing. 12 CITY COUNCIL MINUTES Page 5 of 7 JULY 15, 2025 City Attorney Ihrke stated that California State Law requires cities to account for the planning and development of a certain number of affordable housing units, and the City has identified several sites in its Housing Element for low- and moderate-income housing. Council discussed the progress of the 13 Focus Areas since adoption of the Strategic Plan (Plan) on February 18, 2025; the evaluation of the Highway 111 Specific Plan and community outreach conducted in collaboration with the Urban Land Institute; the assessment and development of standards through the implementation of the Highway 111 corridor form-based code; standards and regulations developers must comply with; the redesign of the City’s entry monuments; the recent relaxation of California Environment Quality Act (CEQA) requirements which may allow to streamline development; explore including the City’s art inventory in the Public Art Archive database, which serves as a central repository for documenting public artworks and raising awareness throughout the U.S. and abroad; Imperial Irrigation District (IID) lease expiration and equipment needs, and the formation of the Coachella Valley Power Agency Joint Powers Authority which the City was the first member, along with the City of Indio and County of Riverside as members; microgrids being a potential alternative energy source as they operate independently from the main electrical grid; the possible expansion of the City’s boundaries into its sphere of influence; and the formation of the La Quinta Youth Collective. PUBLIC HEARINGS – None DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office. MAYOR’S AND COUNCIL MEMBERS’ ITEMS Councilmember Peña reported on his attendance with Mayor Pro Tem McGarrey at the retirement celebration of Desert Recreation District General Manager Kevin Kalman, and expressed desire to formally recognize Mr. Kalman with a proclamation on behalf of the City. Mayor Evans reported on her participation in a meeting with the Palm Springs Council of Realtors; recognition of Eagle Scout Bernadette Flicker; upcoming attendance at the Do the Right Thing award ceremony; and meetings with the IID and Visit Greater Palm Springs. Mayor Pro Tem McGarrey reported on her attendance at the Coachella Valley Rescue Mission’s First Responders Appreciation 4th of July BBQ. REPORTS AND INFORMATIONAL ITEMS La Quinta’s representative for 2025, Mayor Pro Tem McGarrey reported on the upcoming Coachella Valley Mountains Conservancy Open House. 13 CITY COUNCIL MINUTES Page 6 of 7 JULY 15, 2025 CLOSED SESSION – Continued 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) 3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) of GOVERNMENT CODE SECTION 54956.9; NAME OF CASE: Langdon v. City of La Quinta (Small Claims Court, Riverside County Superior Court, Case No. SCPS2500496) COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 5:19 P.M. MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 6:25 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. CLOSED SESSION ITEM NO. 2 – no reportable action. CLOSED SESSION ITEM NO. 3 – no reportable action. 14 CITY COUNCIL MINUTES Page 7 of 7 JULY 15, 2025 ADJOURNMENT There being no further business, a motion was made and seconded by Councilmembers Peña/McGarrey to adjourn at 6:25 p.m. Motion passed unanimously. Respectfully submitted, OSCAR MOJICA, Deputy City Clerk City of La Quinta, California 15 16 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR TWO CODE COMPLIANCE OFFICERS TO ATTEND THE CALIFORNIA MUNICIPAL REVENUE AND TAX ASSOCIATION 2025 ANNUAL CONFERENCE IN ANAHEIM, CALIFORNIA, NOVEMBER 5-7, 2025 RECOMMENDATION Authorize overnight travel for two Code Compliance Officers to attend the California Municipal Revenue and Tax Association 2025 Annual Conference in Anaheim, California, November 5-7, 2025. EXECUTIVE SUMMARY •The California Municipal Revenue and Tax Association (CMRTA) is a statewide organization that supports California's local government tax and revenue professionals. •The CMRTA 2025 Annual Conference is a 3-day event offering educational sessions, networking opportunities, continuing education, and professional development, which will allow staff to stay up to date with legislative changes and enhance their knowledge in business licensing. FISCAL IMPACT Estimated expenses for two attendees is $3,000 ($1,500 per attendee), which includes registration, transportation, lodging, and meals. Funds are available in fiscal year 2025/26 Code Compliance/Animal Control Travel & Training Budget (Account No. 101-6004- 60320). BACKGROUND/ANALYSIS CMRTA is a statewide organization established in 1968 that supports California's local government tax and revenue professionals. With over 300 member agencies, CMRTA offers education, training, certification, and legislative advocacy to enhance municipal revenue operations. The association specializes in areas such as business license management, municipal customer service, and revenue management strategies. The CMRTA conference is a key opportunity for Code Officers to enhance their professional skills and network with industry leaders. This conference is a 3-day CONSENT CALENDAR ITEM NO. 2 17 event covering topics related to business licensing, business inspection processes, legislative updates, and strategies for municipal customer engagement. ALTERNATIVES Council may elect not to authorize this request or reduce the number of attendees. Prepared by: Lisa Chastain, Public Safety Management Analyst Approved by: Martha Mendez, Public Safety Deputy Director 18 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR DEPUTY BUILDING OFFICIAL, TWO SENIOR BUILDING INSPECTORS, AND A BUILDING INSPECTOR TO ATTEND THE CALIFORNIA BUILDING OFFICIAL’S EDUCATION WEEK IN COSTA MESA, CALIFORNIA, OCTOBER 26-30, 2025. RECOMMENDATION Authorize overnight travel for the Deputy Building Official, two Senior Building Inspectors and a Building Inspector to attend the California Building Official’s Education Week in Costa Mesa, California, October 26-30, 2025. EXECUTIVE SUMMARY California Building Officials (CALBO) is a non-profit corporation dedicated to promoting public health and safety in building construction through responsible legislation, education, and building code development. The CALBO Education Week attendees will participate in educational sessions, discussions, forums and networking, and allows staff to attain their educational hours to maintain building related certifications as required by their employment. FISCAL IMPACT Estimated expenses are $4,500 for four attendees to attend two days each and includes conference registration, hotel accommodations, transportation/parking, and meals. Funds are included in the Design and Development - Building 2025/26 Travel and Training budget (101-6003-60320). BACKGROUND/ANALYSIS The CALBO Education Week provides networking and educational opportunities for building professionals throughout California and the United States. The conference includes courses on the 2025 Building Standards Code Updates, Residential and Commercial Inspection Fundamentals, Place of Public Accommodation Requirements, Building Department State Laws, and more. Staff will be able to accumulate educational hours through attendance and apply them to the educational hours needed for their required building certifications/recertifications. CONSENT CALENDAR ITEM NO. 3 19 ALTERNATIVES Council may elect to deny this request or change the number of attendees allowed. Prepared by: AJ Ortega, Building Official Approved by: Cheri Flores, Interim Design and Development Director 20 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS UNIFIED SCHOOL DISTRICT FOR PARTIAL FUNDING OF TWO SCHOOL RESOURCE OFFICERS RECOMMENDATION Approve a Memorandum of Understanding with Desert Sands Unified School District for partial funding of two School Resource Officers; and authorize the City Manager to execute the document. EXECUTIVE SUMMARY The Memorandum of Understanding (MOU) with Desert Sands Unified School District (DSUSD) (Attachment 1) provides for a 50/50 cost sharing of two School Resource Officers (SRO) for fiscal years (FY) 2025/26 and 2026/27. The two SROs will be assigned to La Quinta High School, Summit High School, La Quinta Middle School, and Colonel Mitchell Paige Middle School. FISCAL IMPACT Estimated costs are $280,000 for FY 2025/26. Funds are available in the police budget (Account No. 101-2001-60168). DSUSD will submit an invoice to the City using the percent of actual costs received from the Riverside County Sherriff’s Department as the basis for invoicing. BACKGROUND/ANALYSIS Since 2003, DSUSD and the City have partnered to co-fund two SROs at local schools. The two SROs will be assigned to La Quinta High School, Summit High School, La Quinta Middle School, and Colonel Mitchell Paige Middle School throughout the school year. SROs are responsible for the following duties: patrol school campuses, investigate crimes, maintain order on campus, counsel students and their families, and serve as liaisons between the schools, DSUSD staff, and other relevant organizations. The SROs will be stationed full-time at DSUSD during the academic year. CONSENT CALENDAR ITEM NO. 4 21 Under the MOU, the City agrees to reimburse DSUSD for fifty percent of the SRO’s contracted hours. Special events, such as school games, events and or ceremonies are excluded from this contract and will be covered solely by DSUSD. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Lisa Chastain, Public Safety Management Analyst Approved by: Martha Mendez, Public Safety Deputy Director Attachment: 1. Memorandum of Understanding 22 ATTACHMENT 1 23 24 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND ADVERTISE FOR BID THE PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2025/26 SLURRY SEAL IMPROVEMENTS PROJECT NO. 2025-02 RECOMMENDATION Approve plans, specifications, engineer’s estimate, and authorize Staff to bid the Pavement Management Plan Fiscal Year 2025/26 Slurry Seal Improvements Project No. 2025-02. EXECUTIVE SUMMARY •The Fiscal Year (FY) 2025-26 Pavement Management Plan (PMP) Slurry Seal Improvements include over 3,400,000 square feet of slurry seal and grind and overlay on the following streets (Attachment 1): o Avenida Diaz: over 291,000 square feet of slurry o Avenida Juarez: over 267,000 square feet of slurry o Avenida Madero: over 242,000 square feet of slurry o Avenida Cortez: over 103,000 square feet of slurry o Avenida Morales: over 19,000 square feet of slurry o Avenida Montezuma: over 360,000 square feet of slurry and grind and overlay o Calle Nogales: over 116,000 square feet of slurry o Calle Ensenada: over 127,000 square feet of slurry o Calle Sonora: over 137,000 square feet of slurry o Calle Durango: over 145,000 square feet of slurry o Calle Sinaloa: over 101,000 square feet of slurry o Calle Hidalgo: over 81,000 square feet of slurry o Monticello Community: over 341,000 square feet of slurry o La Quinta Highlands Community: over 422,000 square feet of slurry o Adams Street: over 646,000 square feet of slurry and grind and overlay FISCAL IMPACT FY 2025/26 Capital Improvement Program (CIP) allocated $1,000,000 of General Funds and $2,000,000 of Measure G Funds to 2025/26 PMP Project and $1,006,705 of SB1 Funds to the Cove Area Slurry Seal Improvements Project No. 2024-03. The following is the project budget: CONSENT CALENDAR ITEM NO. 5 25 Budget Design/Professional: $ 150,000 Construction: $ 2,500,000 Inspection/Testing/Survey: $ 75,000 Contingency: $ 200,000 Total Budget: $ 2,925,000 BACKGROUND/ANALYSIS The PMP allocates funds to maintain and enhance the City’s roadways. This project completes the last year of the five-year PMP and the Cove Area Slurry Seal. Improvements will include slurry, pothole repair, and grind and overlay. Contingent upon approval to advertise the project for bid on August 5, 2025, the following is the project schedule: Council Bid Authorization August 5, 2025 Bid Period August 6 to September 3, 2025 Council Considers Project Award September 16, 2025 Execute Contract and Mobilize September 17 to October 13, 2025 Construction (50 Working Days) October to December 2025 Accept Improvements January 2026 ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ubaldo Ayón, Jr., Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map 26 FY 2025/26 Pavement Management Plan Improvements ATTACHMENT 1 27 28 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROPRIATE ADDITIONAL FUNDING IN THE AMOUNT OF $1,702,000; AND AWARD CONTRACT TO RG GENERAL ENGINEERING INC. FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 RECOMMENDATION Appropriate additional funding in the amount of $1,702,000; award contract to RG Engineering Inc. for construction of the Fritz Burns Park Improvements Project No. 2021-02, which includes improving the existing facilities of Fritz Burns Park and Pool located on the southeast corner of Avenue 52 and Avenida Bermudas; and authorize the City Manager to execute the contract and approve future change orders within the project budget. EXECUTIVE SUMMARY •The improvements are broken down into three (3) phases. Phase 1: o Plaza with public art play element, seating, and shade o Expanded playground with new equipment, shade, lighting, and drinking fountains o Restroom building o Tree lined promenade with seating and picnic tables o Bicycle racks and tune-up station o Relocated dog park in retention basin Phase 2: o Modified/expanded existing parking lot with tree islands o Electric Vehicle charging stations Phase 3: o New water playground with wading pool o Expanded pool deck with shade and seating o Expanded pool equipment area o Reconstructed pool stairs •RG Engineering Inc. of Norco, California, submitted the lowest responsible and responsive bid at $7,011,407. Staff recommends awarding the base bid only for a total of $6,879,699. FISCAL IMPACT The Capital Improvement Program (CIP) currently includes funding for the Fritz Burns Park Improvement Project in the amount of $8,350,000. This total includes $1,000,000 in General Funding, $6,850,000 in Measure G Funding, and $500,000 from the Parks & Recreation CONSENT CALENDAR ITEM NO. 6 29 Fund. Staff recommends appropriating an additional $1,702,000 from General Fund Unassigned Reserves to cover the budget deficit. The following is the recommended overall project budget: Recommended Budget Master Plan / Design: $ 461,340 Project Management: $ 80,000 Construction: $ 6,879,699 Direct Equipment Purchase: $ 1,881,322 Inspection/Testing/Survey: $ 150,000 Contingency: $ 599,639 TOTAL $ 10,052,000 BACKGROUND/ANALYSIS Fritz Burns Park is a six-acre regional park located at Avenue 52 and Avenida Bermudas, adjacent to the City’s Corporate Yard and Fire Station No. 32 (Attachment 1). Donated to the City for noncommercial community use, the park includes a pool, playground, restrooms, tennis and pickleball courts, skate park, dog park, art feature, and parking. In response to community input from a 2021 Community Workshop, the City prioritized park enhancements and allocated funding through the CIP across FY 2021/22 (master planning), FY 2022/23 (design), and FY 2023/24 (construction). To reduce costs, the City pre- purchased buildings, equipment, and shade structures directly from manufacturers. The project will be delivered in phases to maintain public access. A potential budget shortfall was identified due to scope expansion, including necessary pool repairs, optional dog park upgrades, and rising construction costs (Attachment 2). To control project costs, staff does not recommend awarding the additive alternate to transplant the palm trees being removed from the parking lot. Additionally, staff does not recommend awarding the deductive alternates that would allow the manufacturer to install the playground and shade sails, as the manufacturer’s proposed costs are higher than the contractor’s bid. Staff also does not recommend awarding the deductive alternate to remove the dog park replacement in the amount of $267,763. The community has expressed a strong desire to retain the dog park, and replacing it at a later date would likely be more costly than proceeding with the work now. Contingent upon approval to award the Project on August 5, 2025, the following is the proposed project schedule: Council Considers Project Award August 5, 2025 Execute Contract and Mobilize August 2025 to September 2025 Construction (170 Working Days) September 2025 to May 2026 Accept Improvements June 2026 ALTERNATIVES – Staff does not recommend an alternative. Prepared by: Ubaldo Ayón, Jr., Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map 2.Bid Comparison 30 ATTACHMENT 1 31 Bid Opening Date: 07/29/2025 FRITZ BURNS PARK IMPROVEMENTS City Project No. 2021-02 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 50,000.00$ 50,000.00$ 204,510.00$ 204,510.00$ 77,910.00$ 77,910.00$ 700,000.00$ 700,000.00$ 490,000.00$ 490,000.00$ 2 Site/Traffic Control LS 1 90,000.00$ 90,000.00$ 32,555.00$ 32,555.00$ 33,900.00$ 33,900.00$ 30,000.00$ 30,000.00$ 59,500.00$ 59,500.00$ 3 Dust Control LS 1 12,000.00$ 12,000.00$ 30,340.00$ 30,340.00$ 13,540.00$ 13,540.00$ 50,000.00$ 50,000.00$ 25,000.00$ 25,000.00$ 4 Storm Water Pollution Prevention Plan (SWPPP)LS 1 25,000.00$ 25,000.00$ 13,270.00$ 13,270.00$ 30,550.00$ 30,550.00$ 30,000.00$ 30,000.00$ 66,000.00$ 66,000.00$ 5 Demolition and Disposal - P1 LS 1 158,913.25$ 158,913.25$ 203,091.00$ 203,091.00$ 287,600.00$ 287,600.00$ 300,000.00$ 300,000.00$ 350,800.00$ 350,800.00$ 6 Demolition and Disposal - P2 LS 1 79,655.00$ 79,655.00$ 135,708.00$ 135,708.00$ 116,200.00$ 116,200.00$ 90,000.00$ 90,000.00$ 223,380.00$ 223,380.00$ 7 Demolition and Disposal - P3 LS 1 $ 38,991.00 $ 38,991.00 $ 38,498.00 38,498.00$ $ 66,640.00 66,640.00$ $ 90,000.00 90,000.00$ $ 99,900.00 99,900.00$ 8 Subgrade Preparation and Precise Grading - P1 LS 1 143,450.00$ 143,450.00$ 41,847.00$ 41,847.00$ 100,100.00$ 100,100.00$ 350,170.75$ 350,170.75$ 122,000.00$ 122,000.00$ 9 Subgrade Preparation and Precise Grading, Including Retention Basin - P2 LS 1 58,450.00$ 58,450.00$ 10,656.00$ 10,656.00$ 52,240.00$ 52,240.00$ 30,000.00$ 30,000.00$ 36,000.00$ 36,000.00$ 10 Subgrade Preparation and Precise Grading - P3 LS 1 19,000.00$ 19,000.00$ 2,713.00$ 2,713.00$ 16,830.00$ 16,830.00$ 20,000.00$ 20,000.00$ 19,600.00$ 19,600.00$ 11 4" Pedestrian Concrete Pavement Per Plan SF 8,234 8.00$ 65,872.00$ 13.00$ 107,042.00$ 8.30$ 68,342.20$ 12.00$ 98,808.00$ 14.00$ 115,276.00$ 12 4" Pedestrian Colored Top Cast Concrete Pavement Per Plan SF 2,547 12.00$ 30,564.00$ 17.00$ 43,299.00$ 10.50$ 26,743.50$ 16.00$ 40,752.00$ 20.00$ 50,940.00$ 13 6" Pedestrian Concrete Pavement per Plan SF 5,622 10.00$ 56,220.00$ 16.00$ 89,952.00$ 11.50$ 64,653.00$ 18.00$ 101,196.00$ 19.00$ 106,818.00$ 14 6" Pedestrian Colored Top Cast Concrete Pavement per Plan SF 6,225 14.00$ 87,150.00$ 18.00$ 112,050.00$ 15.50$ 96,487.50$ 20.00$ 124,500.00$ 25.00$ 155,625.00$ 15 Furnish and Install 3/8" Minus w 20% Fines "Desert Gold" Stabilized Decomposed Granite SF 2,315 5.00$ 11,575.00$ 4.00$ 9,260.00$ 4.25$ 9,838.75$ 5.25$ 12,153.75$ 3.95$ 9,144.25$ 16 Furnish and Install 3/8" Minus "Apache Brown" Non-stabilized Decomposed Granite SF 17,739 4.00$ 70,956.00$ 3.00$ 53,217.00$ 3.80$ 67,408.20$ 5.00$ 88,695.00$ 2.90$ 51,443.10$ 17 Furnish and Install 3/4" "Desert Gold" Crushed Rock SF 7,034 2.76$ 19,413.84$ 3.00$ 21,102.00$ 1.60$ 11,254.40$ 4.50$ 31,653.00$ 3.00$ 21,102.00$ 18 Furnish and Install 8" Minus "Baja Cresta" Rubble SF 8,716 4.00$ 34,864.00$ 8.00$ 69,728.00$ 2.35$ 20,482.60$ 6.25$ 54,475.00$ 6.75$ 58,833.00$ 19 Install Salvaged Ex. Rubble per Plan SF 3,461 2.00$ 6,922.00$ 2.00$ 6,922.00$ 0.58$ 2,007.38$ 2.50$ 8,652.50$ 3.00$ 10,383.00$ 20 Furnish and Install Artificial Turf over Infill and Aggregate Base per Plan and Specifications SF 1,617 15.00$ 24,255.00$ 12.00$ 19,404.00$ 24.00$ 38,808.00$ 25.00$ 40,425.00$ 19.00$ 30,723.00$ 21 Furnish and Install PermaLoc Header - Asphalt Edge LF 2,673 15.00$ 40,095.00$ 13.00$ 34,749.00$ 13.50$ 36,085.50$ 15.00$ 40,095.00$ 8.00$ 21,384.00$ 22 Construct 6" Curb and Gutter per City of La Quinta Std. No. 201 LF 170 22.00$ 3,740.00$ 78.00$ 13,260.00$ 75.00$ 12,750.00$ 55.00$ 9,350.00$ 70.00$ 11,900.00$ 23 Construct 6" Curb per City of La Quinta Std. No. 210 LF 1,400 15.00$ 21,000.00$ 60.00$ 84,000.00$ 30.50$ 42,700.00$ 35.00$ 49,000.00$ 60.00$ 84,000.00$ 24 Construct Ribbon Gutter per Plan Details LF 830 13.00$ 10,790.00$ 74.00$ 61,420.00$ 64.00$ 53,120.00$ 46.00$ 38,180.00$ 78.00$ 64,740.00$ 25 Construct Cross-Gutter per City of La Quinta Std. No. 230 Mod. And 231 Mod.SF 380 19.00$ 7,220.00$ 27.00$ 10,260.00$ 18.00$ 6,840.00$ 18.00$ 6,840.00$ 32.00$ 12,160.00$ 26 Construct Parkway Drain per Plan Details - Curb Cut Detail (P2 Sheet 18)EA 1 5,000.00$ 5,000.00$ 5,223.00$ 5,223.00$ 3,755.00$ 3,755.00$ 1,900.00$ 1,900.00$ 4,900.00$ 4,900.00$ 27 Construct Curb Ramp per City of La Quinta Stad. No. 250. Mod; Case per Plan EA 6 500.00$ 3,000.00$ 4,499.00$ 26,994.00$ 6,425.00$ 38,550.00$ 3,000.00$ 18,000.00$ 4,900.00$ 29,400.00$ 28 Construct Driveway per City of La Quinta Std. No. 221 Mod.EA 1 4,000.00$ 4,000.00$ 11,100.00$ 11,100.00$ 13,100.00$ 13,100.00$ 7,300.00$ 7,300.00$ 6,000.00$ 6,000.00$ 29 Construct 3" A.C. over 4" Class II Aggregate Base over 12" Scarified and Compacted Native SF 32,510 4.00$ 130,040.00$ 6.00$ 195,060.00$ 5.45$ 177,179.50$ 4.25$ 138,167.50$ 5.65$ 183,681.50$ 30 Signing and Striping, Including All Incidentals - P1 LS 1 6,400.00$ 6,400.00$ 7,483.00$ 7,483.00$ 27,210.00$ 27,210.00$ 22,000.00$ 22,000.00$ 25,000.00$ 25,000.00$ 31 Signing and Striping, Including All Incidentals - P2 LS 1 10,000.00$ 10,000.00$ 7,483.00$ 7,483.00$ 16,950.00$ 16,950.00$ 14,000.00$ 14,000.00$ 16,000.00$ 16,000.00$ 32 Furnish and Install 6" Dia. HDPE Storm Drain at 1.0% Min. LF 850 200.00$ 170,000.00$ 24.00$ 20,400.00$ 51.50$ 43,775.00$ 40.00$ 34,000.00$ 58.00$ 49,300.00$ 33 Furnish and Install 6" Dia. Perforated Storm Drain at 1.0% Min. LF 265 120.00$ 31,800.00$ 25.00$ 6,625.00$ 55.00$ 14,575.00$ 55.00$ 14,575.00$ 44.50$ 11,792.50$ 34 Furnish and Install 2'x3' NDS Ribbon Gutter Inlet with H-25 Highway Grate (Pedestrian Rated) (P1 and P2) EA 3 1,500.00$ 4,500.00$ 1,597.00$ 4,791.00$ 1,160.00$ 3,480.00$ 1,300.00$ 3,900.00$ 4,800.00$ 14,400.00$ 35 Furnish and Install 12"x12" Nyloplast Inline Drain (P1 and P2)EA 12 200.00$ 2,400.00$ 1,827.00$ 21,924.00$ 1,160.00$ 13,920.00$ 1,300.00$ 15,600.00$ 2,220.00$ 26,640.00$ THREE PEAKS CORPORATIONRG GENERAL ENGINEERING, INC.LOS ANGELES ENGINEERING, INC.URBAN HABITATEngineer's Estimate - Base Bid ATTACHMENT 2 32 Bid Opening Date: 07/29/2025 FRITZ BURNS PARK IMPROVEMENTS City Project No. 2021-02 Attachment 2 - Bid Comparison THREE PEAKS CORPORATIONRG GENERAL ENGINEERING, INC.LOS ANGELES ENGINEERING, INC.URBAN HABITATEngineer's Estimate - Base Bid 36 Furnish and Install Bubbler Box Outlet (P1 and P2)EA 2 200.00$ 400.00$ 293.00$ 586.00$ 2,525.00$ 5,050.00$ 750.00$ 1,500.00$ 1,500.00$ 3,000.00$ 37 Furnish and Install 4" Duraslot (P3)LF 82 120.00$ 9,840.00$ 84.00$ 6,888.00$ 479.00$ 39,278.00$ 240.00$ 19,680.00$ 550.00$ 45,100.00$ 38 Furnish and Install 1" Dia. Schedule 40 Class- 350 Private Domestic Water Line complete in place. All Appurtenances are considered incidental. LF 180 30.00$ 5,400.00$ 16.00$ 2,880.00$ 19.00$ 3,420.00$ 60.00$ 10,800.00$ 40.00$ 7,200.00$ 39 Reconnect Private Water Lines to CVWD Relocated Water Meters (3 Meters). Coordinate with CVWD on timing to reconnect same day. LS 1 6,000.00$ 6,000.00$ 2,783.00$ 2,783.00$ 3,570.00$ 3,570.00$ 3,500.00$ 3,500.00$ 8,000.00$ 8,000.00$ 40 Relocate Salvaged Private Fire Hydrant and furnish and install new valve to grade and extend water line per CVWD Std. W-33A All appurtenances considered incidental. LS 1 2,000.00$ 2,000.00$ 16,172.00$ 16,172.00$ 6,300.00$ 6,300.00$ 15,000.00$ 15,000.00$ 9,500.00$ 9,500.00$ 41 Furnish and Install 6" Dia. VCP Sewer Lateral, per CVWD Std. Dwg. No. S-9A complete in place. All appurtenances considered incidental. LF 175 100.00$ 17,500.00$ 389.00$ 68,075.00$ 75.00$ 13,125.00$ 275.00$ 48,125.00$ 377.00$ 65,975.00$ 42 Furnish and Install Engineered Wood Fiber Safety Surface over Filter Fabric and Gravel Base per Plan and Specifications (C-11) SF 5,253 8.50$ 44,650.50$ 6.00$ 31,518.00$ 3.90$ 20,486.70$ 11.00$ 57,783.00$ 8.80$ 46,226.40$ 43 Furnish and Install Rubber Safety Surfacing, Poured-In-Place, over Rubber Shock Course and Class II Base per Plan and Specifications (Det C-11) SF 2,786 25.00$ 69,650.00$ 38.00$ 105,868.00$ 52.00$ 144,872.00$ 45.00$ 125,370.00$ 37.00$ 103,082.00$ 44 Construct Play Area Curb with Rebar per Plan (Det C-07)LF 167 80.00$ 13,360.00$ 75.00$ 12,525.00$ 34.50$ 5,761.50$ 105.00$ 17,535.00$ 140.00$ 23,380.00$ 45 Construct Play area Ramp with Rebar per Plan (Det C-08)SF 331 20.00$ 6,620.00$ 21.00$ 6,951.00$ 14.00$ 4,634.00$ 55.00$ 18,205.00$ 26.00$ 8,606.00$ 46 Construct Retaining Seat-wall with Precast Cap, Rebar, Waterproofing, Stucco, and Footing per Plan (C-10) LF 310 245.70$ 76,167.00$ 219.00$ 67,890.00$ 265.00$ 82,150.00$ 380.00$ 117,800.00$ 455.00$ 141,050.00$ 47 Furnish and Install 5' HT Steel Fence with Footings per City of La Quinta Std. No. 784.1- 784.2 and Plan LF 574 90.00$ 51,660.00$ 273.00$ 156,702.00$ 201.00$ 115,374.00$ 170.00$ 97,580.00$ 206.00$ 118,244.00$ 48 Furnish and Install 5' HT Steel Single Gate with Footings per Plan (C-31) EA 3 800.00$ 2,400.00$ 5,803.00$ 17,409.00$ 1,885.00$ 5,655.00$ 3,500.00$ 10,500.00$ 3,900.00$ 11,700.00$ 49 Furnish and Install 5' HT Steel Double Gate with Footings per Plan (Det C-30)EA 5 1,700.00$ 8,500.00$ 8,124.00$ 40,620.00$ 3,765.00$ 18,825.00$ 5,600.00$ 28,000.00$ 5,100.00$ 25,500.00$ 50 Furnish and Install Boulder Edging with Footing per Plan (Det C-09 and C-40)LF 315 350.00$ 110,250.00$ 694.00$ 218,610.00$ 771.00$ 242,865.00$ 700.00$ 220,500.00$ 1,150.00$ 362,250.00$ 51 Install City Furnished Play Area Equipment and Construct Footings per Plan LS 1 149,356.50$ 149,356.50$ 111,590.00$ 111,590.00$ 250,500.00$ 250,500.00$ 115,000.00$ 115,000.00$ 201,000.00$ 201,000.00$ 52 Furnish and Install Drinking Fountain, Construct Footing, Furnish and Install Valve, and Construt Drain per Plan. All appurtenances are considered included. (De C-16) EA 3 8,000.00$ 24,000.00$ 10,664.00$ 31,992.00$ 11,980.00$ 35,940.00$ 11,000.00$ 33,000.00$ 15,350.00$ 46,050.00$ 53 Furnish and Install Trash/Recycling Receptable and Construct Footing per Plan (Det C-16) EA 8 3,350.00$ 26,800.00$ 4,523.00$ 36,184.00$ 5,060.00$ 40,480.00$ 4,800.00$ 38,400.00$ 5,150.00$ 41,200.00$ 54 Furnish and Install Hot Coal Receptacle and Construct Footing per Plan (Det C-14)EA 2 2,200.00$ 4,400.00$ 1,060.00$ 2,120.00$ 1,115.00$ 2,230.00$ 2,100.00$ 4,200.00$ 3,000.00$ 6,000.00$ 55 Install City Furnished Bike Racks (11 Racks) and Construct Footing per Plan (Det C-17)LS 1 20,790.00$ 20,790.00$ 2,193.00$ 2,193.00$ 1,755.00$ 1,755.00$ 3,500.00$ 3,500.00$ 8,500.00$ 8,500.00$ 56 Install City Furnished Bench with Back and Construct Footing per Plan (Det C-21) EA 18 4,197.44$ 75,553.92$ 204.00$ 3,672.00$ 1,385.00$ 24,930.00$ 820.00$ 14,760.00$ 1,600.00$ 28,800.00$ 57 Install City Furnished Bench without Back and Construct Footing per Plan (Det C-22)EA 38 2,875.00$ 109,250.00$ 220.00$ 8,360.00$ 369.00$ 14,022.00$ 800.00$ 30,400.00$ 1,500.00$ 57,000.00$ 58 Install City Furnished Curved Bench with Back Mounted on Seat-wall per Plan (Det C- 20) EA 4 17,125.00$ 68,500.00$ 465.00$ 1,860.00$ 708.00$ 2,832.00$ 810.00$ 3,240.00$ 1,400.00$ 5,600.00$ 33 Bid Opening Date: 07/29/2025 FRITZ BURNS PARK IMPROVEMENTS City Project No. 2021-02 Attachment 2 - Bid Comparison THREE PEAKS CORPORATIONRG GENERAL ENGINEERING, INC.LOS ANGELES ENGINEERING, INC.URBAN HABITATEngineer's Estimate - Base Bid 59 Install City Furnished Picnic Table and Construct Footing per Plan (C-23)EA 23 6,635.91$ 152,625.93$ 265.00$ 6,095.00$ 464.00$ 10,672.00$ 1,000.00$ 23,000.00$ 2,300.00$ 52,900.00$ 60 Furnish and Install Bike Tune-Up Station and Construct Footing per Plan (Det C-18)EA 1 5,000.00$ 5,000.00$ 233.00$ 233.00$ 4,310.00$ 4,310.00$ 6,000.00$ 6,000.00$ 6,500.00$ 6,500.00$ 61 Furnish and Install BBQ Grill and Construct Footing per Plan (C-15)EA 4 800.00$ 3,200.00$ 717.00$ 2,868.00$ 1,785.00$ 7,140.00$ 1,200.00$ 4,800.00$ 1,950.00$ 7,800.00$ 62 Furnish and Install Pet Waste Receptacle and Construct Footing per Plan (Det C-27)EA 3 500.00$ 1,500.00$ 799.00$ 2,397.00$ 1,485.00$ 4,455.00$ 900.00$ 2,700.00$ 1,800.00$ 5,400.00$ 63 Install City Furnished Hypar Shade Sail with Posts and Construct Footing per Plan (Det C- 24) LS 1 121,295.44$ 121,295.44$ 21,626.00$ 21,626.00$ 49,220.00$ 49,220.00$ 4,000.00$ 4,000.00$ 44,000.00$ 44,000.00$ 64 Install City Furnished Playground Shade Sails with Posts and Construct Footing per Plan (Det C-25) LS 1 121,295.44$ 121,295.44$ 88,708.00$ 88,708.00$ 135,350.00$ 135,350.00$ 115,000.00$ 115,000.00$ 69,000.00$ 69,000.00$ 65 Install City Furnished Monoslope Shade Structure and Construct Footing per Plan (Sheet L 2-13) EA 3 30,210.70$ 90,632.10$ 16,334.00$ 49,002.00$ 40,180.00$ 120,540.00$ 34,000.00$ 102,000.00$ 49,400.00$ 148,200.00$ 66 Install City Furnished Curved Shade Trellis Structure and Construct Footing per Plan (Sheet L 2-12) EA 4 31,359.75$ 125,439.00$ 8,259.00$ 33,036.00$ 4,395.00$ 17,580.00$ 15,000.00$ 60,000.00$ 21,750.00$ 87,000.00$ 67 Install Salvaged Bronze Plaque on Stand with new anchors and Construct Footing per Plan LS 1 500.00$ 500.00$ 465.00$ 465.00$ 1,525.00$ 1,525.00$ 250.00$ 250.00$ 1,500.00$ 1,500.00$ 68 Install Salvaged Memorial Tree Plaque with new anchors per Plan LS 1 500.00$ 500.00$ 233.00$ 233.00$ 1,525.00$ 1,525.00$ 250.00$ 250.00$ 1,500.00$ 1,500.00$ 69 Construct City Furnished Restroom Building and Install City Furnished Fixtures. Furnish and Install Appurtenances as needed. Utility Construction and Construction Coordination with other trades included in item cost. LS 1 300,000.00$ 300,000.00$ 155,139.00$ 155,139.00$ 313,950.00$ 313,950.00$ 430,000.00$ 430,000.00$ 698,000.00$ 698,000.00$ 70 Furnish and Place "Kool Deck" Surfacing over Existing Concrete Deck, Including all Preparation, Void Filling, and Depth Markers. SF 2,760 10.00$ 27,600.00$ 3.00$ 8,280.00$ 10.00$ 27,600.00$ 7.00$ 19,320.00$ 18.00$ 49,680.00$ 71 Furnish and Construct Concrete with "Kool Deck" Surfacing SF 3,916 17.00$ 66,572.00$ 22.00$ 86,152.00$ 18.50$ 72,446.00$ 28.00$ 109,648.00$ 38.00$ 148,808.00$ 72 Reconstruct Pool Stairs, including all incidentals to complete the work. Demolition paid under Demo Bid Item. LS 1 150,000.00$ 150,000.00$ 149,018.00$ 149,018.00$ 178,700.00$ 178,700.00$ 102,000.00$ 102,000.00$ 45,000.00$ 45,000.00$ 73 Furnish and Install 5' HT Pool Fence with Footings and 12" Concrete Bank per City of La Quinta Std. 784.1-784.2 per Plan (P3 Det C-17) LF 383 80.00$ 30,640.00$ 256.00$ 98,048.00$ 156.00$ 59,748.00$ 250.00$ 95,750.00$ 186.00$ 71,238.00$ 74 Construct 6' Tall Splitface CMU Block Wall and Footing per Plan (P3 Det C-17)LF 9.5 1,000.00$ 9,500.00$ 342.00$ 3,249.00$ 418.00$ 3,971.00$ 800.00$ 7,600.00$ 600.00$ 5,700.00$ 75 Furnish and Install Pool Lounge Chair per Plan (P3 Det C-10) EA 30 1,200.00$ 36,000.00$ 868.00$ 26,040.00$ 1,095.00$ 32,850.00$ 820.00$ 24,600.00$ 1,100.00$ 33,000.00$ 76 Install City Furnished Rectangular Shade Trellis Structure and Construct Footings per Plan EA 1 49,630.00$ 49,630.00$ 13,791.00$ 13,791.00$ 32,020.00$ 32,020.00$ 28,000.00$ 28,000.00$ 49,400.00$ 49,400.00$ 77 Construct Existing Pool Renovations, Including Painting Building per Plan LS 1 25,000.00$ 25,000.00$ 177,789.00$ 177,789.00$ 290,700.00$ 290,700.00$ 160,000.00$ 160,000.00$ 302,000.00$ 302,000.00$ 78 Construct Activity Pool Complete In-Place, Install City Furnished Vortex Activity Pool Features, and Furnish and Install Equipment and Signs per Plan LS 1 1,018,250.00$ 1,018,250.00$ 471,010.00$ 471,010.00$ 745,250.00$ 745,250.00$ 450,000.00$ 450,000.00$ 680,000.00$ 680,000.00$ 79 Construct Existing Pool Equipment Room Renovations per Plan, Including Removing and Replacing Concrete and Constructing Housekeeping Pad LS 1 50,000.00$ 50,000.00$ 40,837.00$ 40,837.00$ 150,700.00$ 150,700.00$ 35,000.00$ 35,000.00$ 20,000.00$ 20,000.00$ 80 Furnish and Install Pool Equipment, Piping, and Recirculation per Plan LS 1 15,000.00$ 15,000.00$ 416,542.00$ 416,542.00$ 411,900.00$ 411,900.00$ 400,000.00$ 400,000.00$ 170,000.00$ 170,000.00$ 81 Install City Furnished Pool Equipment Building Utility and Construction Coordination LS 1 250,000.00$ 250,000.00$ 62,112.00$ 62,112.00$ 15,360.00$ 15,360.00$ 270,000.00$ 270,000.00$ 163,000.00$ 163,000.00$ 34 Bid Opening Date: 07/29/2025 FRITZ BURNS PARK IMPROVEMENTS City Project No. 2021-02 Attachment 2 - Bid Comparison THREE PEAKS CORPORATIONRG GENERAL ENGINEERING, INC.LOS ANGELES ENGINEERING, INC.URBAN HABITATEngineer's Estimate - Base Bid 82 Furnish and Install Electrical Meter Pedestal (Including Quickpad Base and Stainless Steel Cabinet) per Plan LS 1 10,000.00$ 10,000.00$ 52,796.00$ 52,796.00$ 57,150.00$ 57,150.00$ 14,000.00$ 14,000.00$ 22,000.00$ 22,000.00$ 83 Electrical Conduit, Wire, and Trenching per Plan - P1 LS 1 140,000.00$ 140,000.00$ 116,252.00$ 116,252.00$ 128,850.00$ 128,850.00$ 880,000.00$ 880,000.00$ 190,000.00$ 190,000.00$ 84 Electrical Conduit, Wire, and Trenching per Plan - P2 LS 1 17,500.00$ 17,500.00$ 20,952.00$ 20,952.00$ 22,680.00$ 22,680.00$ 150,000.00$ 150,000.00$ 25,000.00$ 25,000.00$ 85 Electrical Conduit, Wire, Trenching per Plan - P 3 LS 1 14,000.00$ 14,000.00$ 18,306.00$ 18,306.00$ 19,810.00$ 19,810.00$ 150,000.00$ 150,000.00$ 47,500.00$ 47,500.00$ 86 Furnish and Install Emergency Shut-Off Switch and Timer LS 1 1,000.00$ 1,000.00$ 5,801.00$ 5,801.00$ 6,280.00$ 6,280.00$ 1,000.00$ 1,000.00$ 5,000.00$ 5,000.00$ 87 Furnish and Install Pull Box per Plan EA 19 600.00$ 11,400.00$ 832.00$ 15,808.00$ 900.00$ 17,100.00$ 650.00$ 12,350.00$ 280.00$ 5,320.00$ 88 Furnish and Install Junction Box per Plan EA 73 313.00$ 22,849.00$ 781.00$ 57,013.00$ 845.00$ 61,685.00$ 340.00$ 24,820.00$ 250.00$ 18,250.00$ 89 Furnish and Install Pedestrian Pole Light with Footing per Plan EA 28 4,418.80$ 123,726.40$ 29,642.00$ 829,976.00$ 25,552.00$ 715,456.00$ 3,800.00$ 106,400.00$ 5,000.00$ 140,000.00$ 90 Furnish and Install Parking Lot Single Head Light with Footing per Plan EA 3 4,000.00$ 12,000.00$ 4,090.00$ 12,270.00$ 4,425.00$ 13,275.00$ 4,500.00$ 13,500.00$ 10,000.00$ 30,000.00$ 91 Furnish and Install Pearking Lot Double Head Light with Footing per Plan EA 3 4,884.00$ 14,652.00$ 4,091.00$ 12,273.00$ 4,430.00$ 13,290.00$ 5,000.00$ 15,000.00$ 10,000.00$ 30,000.00$ 92 Furnish and Install Bollard Light with Footing per Plan EA 39 1,882.40$ 73,413.60$ 2,031.00$ 79,209.00$ 2,200.00$ 85,800.00$ 2,200.00$ 85,800.00$ 3,000.00$ 117,000.00$ 93 Furnish and Install Surface-Mounted Ceiling Down Light EA 4 686.40$ 2,745.60$ 876.00$ 3,504.00$ 948.00$ 3,792.00$ 850.00$ 3,400.00$ 1,000.00$ 4,000.00$ 94 Furnish and Install In-Grade Palm Tree Up Light EA 52 2,282.80$ 118,705.60$ 1,434.00$ 74,568.00$ 1,550.00$ 80,600.00$ 1,600.00$ 83,200.00$ 1,500.00$ 78,000.00$ 95 Furnish and Install In-Grade Tree Up Light EA 55 2,282.80$ 125,554.00$ 1,366.00$ 75,130.00$ 1,480.00$ 81,400.00$ 1,500.00$ 82,500.00$ 1,500.00$ 82,500.00$ 96 Furnish and Install In-Grade Colored Shade Sail Up Light EA 8 1,694.00$ 13,552.00$ 1,271.00$ 10,168.00$ 1,375.00$ 11,000.00$ 2,000.00$ 16,000.00$ 3,000.00$ 24,000.00$ 97 Furnish and Install a Palm Tree Mounted Up Light EA 16 1,256.00$ 20,096.00$ 688.00$ 11,008.00$ 745.00$ 11,920.00$ 1,100.00$ 17,600.00$ 3,000.00$ 48,000.00$ 98 Furnish and Install Mounted Quad Head Shade Sail Up/Down Light EA 4 1,935.20$ 7,740.80$ 1,836.00$ 7,344.00$ 1,985.00$ 7,940.00$ 740.00$ 2,960.00$ 3,000.00$ 12,000.00$ 99 Furnish and Install Mounted Double Head Down Light EA 10 699.00$ 6,990.00$ 1,467.00$ 14,670.00$ 1,585.00$ 15,850.00$ 550.00$ 5,500.00$ 3,000.00$ 30,000.00$ 100 Furnish and Install Mounted Single Head Down Light EA 4 717.20$ 2,868.80$ 1,919.00$ 7,676.00$ 2,075.00$ 8,300.00$ 450.00$ 1,800.00$ 3,000.00$ 12,000.00$ 101 Furnish and Install Palm Tree Mounted Gobo Projector Down Light EA 16 3,268.00$ 52,288.00$ 1,569.00$ 25,104.00$ 1,700.00$ 27,200.00$ 800.00$ 12,800.00$ 3,000.00$ 48,000.00$ 102 Furnish and Install Palm Tree Mounted Down Light - Cyan Color Wash EA 8 717.20$ 5,737.60$ 8,187.00$ 65,496.00$ 1,100.00$ 8,800.00$ 650.00$ 5,200.00$ 3,000.00$ 24,000.00$ 103 Furnish and Install Trellis Column Mounted Up/Down Light - Magenta Up/Cyan Down EA 16 754.80$ 12,076.80$ 4,423.00$ 70,768.00$ 1,195.00$ 19,120.00$ 2,200.00$ 35,200.00$ 3,000.00$ 48,000.00$ 104 Furnish and Install Trellis Ceiling Mounted Linear Down Light - Cyan EA 4 1,374.40$ 5,497.60$ 6,497.00$ 25,988.00$ 1,760.00$ 7,040.00$ 900.00$ 3,600.00$ 3,000.00$ 12,000.00$ 105 Soil Prep and Fine Grading - P1 LS 1 22,238.50$ 22,238.50$ 19,563.00$ 19,563.00$ 5,905.00$ 5,905.00$ 35,000.00$ 35,000.00$ 30,100.00$ 30,100.00$ 106 Soil Prep and Fine Grading - P2 LS 1 3,789.50$ 3,789.50$ 2,437.00$ 2,437.00$ 1,015.00$ 1,015.00$ 15,000.00$ 15,000.00$ 10,900.00$ 10,900.00$ 107 Soil Prep and Fine Grading - P3 LS 1 1,337.50$ 1,337.50$ 1,382.00$ 1,382.00$ 738.00$ 738.00$ 8,000.00$ 8,000.00$ 4,500.00$ 4,500.00$ 108 Furnish and Install Landscape per Plan and Specifications - P1 LS 1 371,725.00$ 371,725.00$ 251,638.00$ 251,638.00$ 72,367.18$ 72,367.18$ 260,000.00$ 260,000.00$ 365,850.00$ 365,850.00$ 109 Furnish and Install Landscape per Plan and Specifications - P2 LS 1 70,662.80$ 70,662.80$ 58,369.00$ 58,369.00$ 20,000.00$ 20,000.00$ 84,000.00$ 84,000.00$ 93,300.00$ 93,300.00$ 110 Furnish and Install Landscape per Plan and Specificatoins - P3 LS 1 280.00$ 280.00$ 2,218.00$ 2,218.00$ 556.00$ 556.00$ 2,000.00$ 2,000.00$ 920.00$ 920.00$ 111 Furnish and Install Irrigation per Plan and Specifications - P1 LS 1 86,646.50$ 86,646.50$ 223,484.00$ 223,484.00$ 154,527.83$ 154,527.83$ 200,000.00$ 200,000.00$ 216,000.00$ 216,000.00$ 112 Furnish and Install Irrigation per Plan and Specifications - P2 LS 1 11,368.50$ 11,368.50$ 25,679.00$ 25,679.00$ 23,139.49$ 23,139.49$ 65,000.00$ 65,000.00$ 25,500.00$ 25,500.00$ 113 Furnish and Install Irrigation per Plan - P3 LS 1 5,350.00$ 5,350.00$ 6,027.00$ 6,027.00$ 10,000.00$ 10,000.00$ 35,000.00$ 35,000.00$ 19,150.00$ 19,150.00$ 114 Furnish and Install Boulders per Plan - "Copper Canyon", 18" - 24"EA 69 150.00$ 10,350.00$ 92.00$ 6,348.00$ 225.00$ 15,525.00$ 310.00$ 21,390.00$ 300.00$ 20,700.00$ 115 Furnish and Install Boulders per Plan - "Copper Canyon", 30"-36"EA 66 400.00$ 26,400.00$ 99.00$ 6,534.00$ 298.00$ 19,668.00$ 340.00$ 22,440.00$ 320.00$ 21,120.00$ 116 Furnish and Install Boulder per Plan - "Copper Canyon", 24"-30"EA 45 250.00$ 11,250.00$ 113.00$ 5,085.00$ 314.00$ 14,130.00$ 480.00$ 21,600.00$ 355.00$ 15,975.00$ 117 Install Salvaged Boulders per Plan EA 21 50.00$ 1,050.00$ 67.00$ 1,407.00$ 455.28$ 9,560.88$ 350.00$ 7,350.00$ 225.00$ 4,725.00$ 35 Bid Opening Date: 07/29/2025 FRITZ BURNS PARK IMPROVEMENTS City Project No. 2021-02 Attachment 2 - Bid Comparison THREE PEAKS CORPORATIONRG GENERAL ENGINEERING, INC.LOS ANGELES ENGINEERING, INC.URBAN HABITATEngineer's Estimate - Base Bid 118 Lawn - SOD seeded to season including over- seeding SF 21,937 1.00$ 21,937.00$ 1.00$ 21,937.00$ 1.70$ 37,292.90$ 1.50$ 32,905.50$ 1.70$ 37,292.90$ 119 90-Day Maintenance Period LS 1 10,945.40$ 10,945.40$ 13,457.00$ 13,457.00$ 10,220.00$ 10,220.00$ 8,000.00$ 8,000.00$ 26,500.35$ 26,500.35$ 6,556,188.42$ 6,879,699.00$ 7,296,076.01$ 8,729,000.00$ 8,841,458.00$ ADDITIVE ALTERNATE NO. 1 Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost A1-1 Transplant Ex. Palm Tree to Location Determined in Field EA 19 4,000.00$ 76,000.00$ 6,932.00$ 131,708.00$ 1,861.65$ 35,371.35$ 5,000.00$ 95,000.00$ 3,000.00$ 57,000.00$ 76,000.00$ 131,708.00$ 35,371.35$ 95,000.00$ 57,000.00$ DEDUCTIVE ALTERNATE NO. 1 - HYPAR SAILS Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost D1-1 Remove Bid Item: Install City Furnished Hypar Shade Sails with Posts per Plan (Det C- 24) LS 1 121,295.44$ (121,295.44)$ (21,626.00)$ (21,626.00)$ (49,220.00)$ (49,220.00)$ (40,000.00)$ (40,000.00)$ (44,000.00)$ (44,000.00)$ D1-2 Remove Bid Item: Install City Furnished Playgound Shade Sails with Posts per Plan (Det C-25) LS 1 121,295.44$ (121,295.44)$ (83,519.00)$ (83,519.00)$ (250,500.00)$ (250,500.00)$ (110,000.00)$ (110,000.00)$ (69,000.00)$ (69,000.00)$ D1-3 Coordinate and Phase to Allow Great Western to install shade sails with posts per Plan (Det C-24 and C-25) LS 1 6,000.00$ (6,000.00)$ 5,190.00$ 5,190.00$ 7,545.00$ 7,545.00$ 1.00$ 1.00$ 30,000.00$ 30,000.00$ (248,590.88)$ (99,955.00)$ (292,175.00)$ (149,999.00)$ (83,000.00)$ DEDUCTIVE ALTERNATE NO. 2 - DOG PARK Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost D2-1 Remove Portion of Bid Item: P1 Demolition and Removal shown on sheet 4 LS 1 7,685.00$ (7,685.00)$ (4,000.00)$ (4,000.00)$ (9,280.00)$ (9,280.00)$ (3,400.00)$ (3,400.00)$ (6,000.00)$ (6,000.00)$ D2-2 Remove Portion of Bid Item: 4" Pedestrian Concrete Pavement Per Plan SF 1,475 8.00$ (11,800.00)$ (13.00)$ (19,175.00)$ (0.72)$ (1,062.00)$ (6.00)$ (8,850.00)$ (14.00)$ (20,650.00)$ D2-3 Remove Portion of Bid Item: Furnish and Install Boulder Edging with Footing per Plan (Det C-40) LF 40 350.00$ (14,000.00)$ (694.00)$ (27,760.00)$ (637.00)$ (25,480.00)$ (330.00)$ (13,200.00)$ (1,150.00)$ (46,000.00)$ D2-4 Remove Portion of Bid Item: Furnish and Install 5' HT Steel Fence with Footings per per City of La Quinta Std. No. 784.1-784.2 and Plan LF 580 90.00$ (52,200.00)$ (270.00)$ (156,600.00)$ (199.00)$ (115,420.00)$ (155.00)$ (89,900.00)$ (206.00)$ (119,480.00)$ D2-5 Remove Bid Item: Furnish and Install 5' HT Steel Single Gate with Footings per Plan (C- 31) EA 2 800.00$ (1,600.00)$ (5,803.00)$ (11,606.00)$ (1,855.00)$ (3,710.00)$ (3,300.00)$ (6,600.00)$ (3,900.00)$ (7,800.00)$ D2-6 Remove Portion of Bid Item: Furnish and Install 5' HT Steel Double Gate with Footings per Plan (Det C-30) EA 3 1,700.00$ (5,100.00)$ (8,124.00)$ (24,372.00)$ (3,710.00)$ (11,130.00)$ (5,300.00)$ (15,900.00)$ (5,100.00)$ (15,300.00)$ D2-7 Remove Portion of Bid Item: Furnish and Install Pet Waste Receptacle and Construct Footing per Plan (D-27) EA 1 500.00$ (500.00)$ (799.00)$ (799.00)$ (1,270.00)$ (1,270.00)$ (610.00)$ (610.00)$ (1,800.00)$ (1,800.00)$ D2-8 Remove Portion of Bid Item: Lawn - SOD seeded to season including over-seeding SF 5,500 1.00$ (5,500.00)$ (1.00)$ (5,500.00)$ (1.20)$ (6,600.00)$ (1.00)$ (5,500.00)$ (1.70)$ (9,350.00)$ D2-9 Remove Portion of Bid Item: Landscaping - Dog Park (P1 Sheet 21)LS 1 14,020.00$ (14,020.00)$ (9,463.00)$ (9,463.00)$ (22,280.00)$ (22,280.00)$ (8,000.00)$ (8,000.00)$ (11,000.00)$ (11,000.00)$ D2-10 Remove Portion of Bid Item: Irrigation - Dog Park (P1 Sheet 26)LS 1 29,000.00$ (29,000.00)$ (5,382.00)$ (5,382.00)$ (10,300.00)$ (10,300.00)$ (10,000.00)$ (10,000.00)$ (18,000.00)$ (18,000.00)$ D2-11 Remove Portion of Bid Item: 90-Day Maintenance Period - Dog Park LS 1 2,900.00$ (2,900.00)$ (3,106.00)$ (3,106.00)$ (2,765.00)$ (2,765.00)$ (500.00)$ (500.00)$ (2,200.00)$ (2,200.00)$ (144,305.00)$ (267,763.00)$ (209,297.00)$ (162,460.00)$ (257,580.00)$ DEDUCTIVE ALTERNATE NO. 3 - PLAY AREA EQUIPMENT Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost D3-1 Remove Bid Item: Install City Furnished Play Area Equipment and Construct Footings per Plan LS 1 149,356.50$ (149,356.50)$ (106,000.00)$ (106,000.00)$ (250,500.00)$ (250,500.00)$ (110,000.00)$ (110,000.00)$ (201,000.00)$ (201,000.00)$ D3-2 Coordination and Phase to Allow Great Western to install Play Area Equipment and Construct Footings per Plan LS 1 6,000.00$ 6,000.00$ 5,590.00$ 5,590.00$ 7,545.00$ 7,545.00$ 1.00$ 1.00$ 40,000.00$ 40,000.00$ (143,356.50)$ (100,410.00)$ (242,955.00)$ (109,999.00)$ (161,000.00)$ 6,556,188.42$ 6,879,699.00$ 7,296,076.01$ 8,729,000.00$ 8,841,458.00$ Sub-Total Additive Alternative No.1 Bid: Sub-Total Deductive Alternative No.1 Bid: Sub-Total Deductive Alternative No.3 Bid: Base Bid Only Sub-Total Base Bid: Sub-Total Deductive Alternative No.2 Bid: 36 Bid Opening Date: 07/29/2025 FRITZ BURNS PARK IMPROVEMENTS City Project No. 2021-02 Attachment 2 - Bid Comparison THREE PEAKS CORPORATIONRG GENERAL ENGINEERING, INC.LOS ANGELES ENGINEERING, INC.URBAN HABITATEngineer's Estimate - Base Bid Total Base Bid with Additive Alternate No. 1:6,632,188.42$ 7,011,407.00$ 7,331,447.36$ 8,824,000.00$ 8,898,458.00$ 6,019,936.04$ 6,411,571.00$ 6,551,649.01$ 8,306,542.00$ 8,339,878.00$ Total Base Bid with Additive Alternate No. 1 and Deductive Alternate 1, 2, & 3 6,095,936.04$ 6,543,279.00$ 6,587,020.36$ 8,401,542.00$ 8,396,878.00$ Miscalculations and rounding errors Base Bid with Deductive Alternate 1, 2, & 3: 37 38 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT OF SERVICES WITH ITI DIGITAL SOLUTIONS FOR WEBSITE CALENDAR AND BUSINESS LISTING MAINTENANCE RECOMMENDATION Approve Agreement of Services with ITI Digital Solutions for website calendar and business listing maintenance; and authorize the City Manager to execute the agreement, substantially in the form attached, and make any revisions necessary to conform with standard City contract provisions. EXECUTIVE SUMMARY ITI Digital Solutions delivers real-time, purpose-driven content through a platform built for organizations that promote communities, industries, and regional growth. ITI Digital Solutions would assist with creating and maintaining the city’s events calendar and business listings on the tourism website through Google and additional content providers. The proposed agreement (Attachment 1) is for a three-year term, for a not to exceed amount of $63,800. FISCAL IMPACT Fiscal Year (FY) Cost Total Cost per FY 2025-26 $11,000 (Set Up) + $17,600 $28,600 2026-27 $17,600 $17,600 2027-28 $17,600 $17,600 TOTAL: $63,800 If approved, funds are available in the Information Technology Fund, Software Licenses account (502-0000-60301). CONSENT CALENDAR ITEM NO. 7 39 BACKGROUND/ANALYSIS The City’s tourism website, PlayInLaQuinta.com, lists events and businesses in the city to promote and market the city to visitors. Currently, staff is responsible for manually entering information for both events and business to the website. ITI Digital Solutions has over 30 years of experience in working with destinations to promote economic development, tourism and to strengthen communities in the domestic and international markets. ITI Digital Solutions would pull information through social media sites as well as Google to populate the events page and business listings on the tourism website. This software solution would allow for more accurate information to be distributed to the public, especially in the business listing page. Businesses would be responsible for ensuring their information is accurate in the Google listings pages. Any events listed in social media platforms that occur within the City limits would then be populated to the website for approval by staff. The proposed agreement is for a three-year term, from August 1, 2025, through August 31, 2028. ALTERNATIVES As these services are essential for the City’s communication and outreach, staff does not recommend an alternative. Prepared by: Marcie Graham, Marketing Manager Approved by: Gilbert Villalpando, Director of Business Unit & Housing Development Attachment: 1. ITI Digital Solutions Agreement 40 Agreement of Services Contact: (912) 250-2689 or iti-digital.com &ontDct ,nformDtion Date August , 2025 ComSany &it\ of /D 4XintD Contact Marcie GraKam Title Marketing Director Address 895 Calle TamSico, /a 4uinta, CA 92253 3Kone (60) -000 eMail mgraKam#laTuintaca.goY 8R/KttSs:www.SlayinlaTuinta.com Agenc\ Services DescriStion ,7, 'igitDO ';3 incOXGing (vents &DOenGDr 7ier : 1,500 deliYered eYents 15 )aceEook 3ages *oogOe 3ODces 7ier : uS to 1,000 Google 3laces in dataEase. 0DrNeting 8SgrDGe )eDtXre 3ODces (vents 3/8S : Connect your (Yents Calendar witK your Business /istings. Contract 3eriod )irst <eDr 2nEoDrGing SXEscriStion TKe Iirst year onEoarding and suEscriStion includes tKe Iollowing serYices: DasKEoard - D;3 setuS, geo-sSeciIic real-time data retrieYal, categori]ation oI data in alignment witK tKe releYant destination weE content categories, customi]ation oI soItware modules and dasKEoards, comSreKensiYe training, and real-time data deliYery . TKis outlines tKe Iirst-year suEscriStion terms. SeconG <eDr SXEscriStion -XO\ -Xne 7KirG <eDr SXEscriStion -XO\ -Xne Agency )ee 2ne 7ime 'eveOoSment &Xstomi]Dtion SetXS )ee AnnXDO SXEscriStion )ee <eDr ,nvoice <eDr ,nvoice 3ayment due 30 days Irom contract start date Account ([ecutiYe Monica +all 1otes ScoSe oI work as outlined in ne[t Sages addendum and acceSted Terms oI SerYice I understand tKat I will Ee Eilled annually Ior tKe aSSlicaEle suEscriStion amount, as Tuoted in tKe signed contract. (acK year , an inYoice will Ee deliYered to tKe ComSany Ior tKe uScoming suEscriStion Seriod. All cKarges stated in tKe inYoice are due witKin 30 days Irom tKe Eilling date. A Iinance cKarge oI 1.5 will Ee aSSlied to any unSaid Ealance aIter 30 days. By signing tKis agreement, you agree to ITI Digital¶s SaaS Terms oI SerYice. 1o (arly Termination 1o ReIunds. TKe contract Seriod will end on tKe stated e[Siration date, and tKe agreement cannot Ee canceled early . 1o reIunds will Ee issued Ior early termination or discontinued use oI ITI Digital¶s licensing serYices. AcceSted on EeKalI oI: ,7, 'igitDO ,nc )rDnci (GgerO\ )ounder C(2 AcceSted on EeKalI oI: &it\ of /D 4XintDJon McMillen City Manager ________________________________ Approved as to Form: ________________________________ William H. Ihrke, City Attorney ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 41 ATTACHMENT 1 Agreement of Services ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 Contact: (912) 250-2689 or iti-digital.com 'DiO\ (vents &DOenGDr According to Google Analytics, tKe (Yents Sage is one oI tKe toS IiYe, iI not tKe 1 most Yisited Sage on destination weEsites. (Yents attract Yisitors, inIluence tKeir lengtK oI stay and return Yisitation. :K\ tKe 'DiO\ (vents 0oGXOe" 3romote daily eYents to inIluence traYel to tKe destination Increase tKe numEer oI eYents disSlayed on tKe weEsite Increase engagement on tKe weEsite, and reali]e a SositiYe and measuraEle imSact oI tKe site S(2 SerIormance. Reduce staII time to researcK and tKe manual inSut oI tKe eYent on your weEsite Ey uS to 90 Minimi]e deSendence on Eusiness owners to SroYide tKe content tKat will KelS Sromote tKe destination 2IIer Yisitors to tKe weEsite witK content tKey want: real-time uSdated inIormation :KDt :e 'o :e deliYer eYent s content Irom data sources sucK as Google, )aceEook, (YentErite and more, to tKe D;3 Content Management Control. :itK access to tKe D;3 and tKe innoYatiYe and Ieature ricK D;3, staII are emSowered to edit, aSSroYe and SuElisK eYents directly to your weEsite .e\ )eDtXres 9isitors /29( )ilter calendar Ey date )ilter calendar Ey DM2 created custom eYent categories SearcK eYents - searcK Sarameters include tKe eYent title, organi]er, keywords. See multiSle eYent inIoticket links Irom all SlatIorms aYailaEle. 8Scoming eYents. 2n tKe eYent detail Sage, users can see Iour additional IortKcoming eYents. TKis Ieature assists tKe Yisitors in tKe Slanning stage. A moEile-Iriendly (Yents Calendar allows Yisitors to take adYantage oI G3S directions and an easy-to-use resSonsiYe interIace. S(2 )rienGO\ ScKemDorg 2Stimi]Dtion )or (DcK (vent (acK Soint oI interest in our (Yents Calendar D;3 module includes scKema.org markuS to oStimi]e content discoYery Ey Google S(2 traIIic Eots. TKe (Yent Details Sage also Kas uniTue 8R/s wKicK can Ee sKared, inde[ed, and tracked on Google Analytics. ScKema is a semantic YocaEulary oI tags (or microdata) weEmasters add to tKeir content to imSroYe tKe way searcK engines read and reSresent tKe Sage in searcK results. TKereIore, Google Eots and otKer searcK engines KaYe more content to inde[, wKicK will enKance tKe S(2 results oI tKe tourism site. :KDt 2Xr &Oients SD\ “As a popular tourist destination with a wide array of events to offer our visitors, event calendar management had become a full-time job. With the help of the ImGoing calendar plugin on our website, ThisIsCooperstown.com has eliminated data entry errors, and most importantly, we now save time and money. My team as well as the businesses the Destination Marketing Corporation represents, love this website feature. It’s easy to install and ITI Digital’s customer service is timely and courteous. Highly recommended!” &DssDnGrD 0 +Drrington ([ecXtive 'irector 'estinDtion 0DrNeting &orSorDtion for 2tsego &oXnt\ 1< Serving both Otsego and Schoharie County Tourism Promotion. 42 Agreement of Services ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 Contact: (912) 250-2689 or iti-digital.com 'DiO\ (vents &DOenGDr S&23( 2) :25. :e deliYer Daily (Yents content Irom sources sucK as Google, )aceEook, (YentErite, and Sartner weESages. TKe content is uSdated twice weekly. ';3 'eveOoSment &Xstomi]Dtion Create categories tKat will allow tKe soItware to SuElisK tKe content Ey interest Set uS geoIences Ior tKe destination to aggregate new and unlimited eYents Irom online SlatIorms sucK as Google, (YentErite, and otKer sources SetuS )aceEook Business 3ages Ior tracking eYents. TKe numEer oI )aceEook 3ages deSend on your content Sackage suEscriStion. SetuS account Eranding and Irontend module SreIerences ImSlement an account logo tKat SoSulates tKe e[Sort 3D) Ieature ScKedule twice-weekly automated uSdates to tKe e[isting content ScKedule daily automated remoYal oI Sast due eYents uSon eYent end date Customi]e naYigation menu settings Ior two oStions oI disSlay Customi]e eYent list disSlay - tKree oStions Customi]e Keader images Ior tKe 3D) ([Sort 2n-Eoarding and training SuSSort as needed &ontent 0DnDgement )eDtXres oXr &Oients /29( )rom tKe D;3 edit and manage content deliYered and Sowered Ey tKe ITI Digital SaaS: Access unlimited and aYailaEle eYents Irom tKe ITI Digital ([Serience 3latIorm - D;3. (ditorial control. <our team is in cKarge oI tKe content SuElisKed to tKe site, witK Iull access to editing Ieatures, emSowering your content manager to add and remoYe images, adMust eYent descriStions, edit details, or add eYents manually. Add 3romotional Image and link oI cKoice. Add RemoYe geoIences as needed. Bulk imSort eYents in ([cel Iormat CKoose to KigKligKt certain (Yents oI interest or mark tKem as )eatured (Yents. (dit eYent details sucK as descriStion, images, ticket 8R/, etc. Manually enter eYents as needed. (Yent categories. Tag eYents witK diIIerent categories oI your cKoice, e.g., )amily (Yents, Music, etc. ([Sort all or selected eYents to a ready-to-Srint 3D) A, ,ntegrDtion &ontent AssistDnt 2ur latest enKancements include tKe integration oI AI, wKicK signiIicantly aids content managers in craIting caStiYating descriStions Ior indiYidual eYents. TKis adYanced tecKnology emSowers content teams Ey streamlining tKe Srocess oI creating engaging and inIormatiYe content, ultimately enKancing tKe oYerall Tuality and aSSeal oI tKe ITI Digital content modules. :eEsite ,ntegrDtion 2ur ITI Digital D;3 modules are designed as Ile[iEle SaaS solutions, Ieaturing dedicated widgets (DI9 containers) tKat can seamlessly integrate into client weEsites. (acK module oIIers SowerIul tools Ior enKancing your site s Iunctionality. To imSlement a module we SroYide tKe Iollowing integration oStions: 1. ',9 scriSt! :iGget A straigKtIorward integration oStion tKat includes Easic customi]ation Ieatures, sucK as Iont styles. ResSonsiYe to moEile screens and tKorougKly tested Ior SerIormance on EotK 3C and moEile deYices Srior to client launcK. TKe ITI Digital deYeloSment team will SroYide suSSort during tKe code imSlementation Srocess, along witK recommendations Ior acKieYing tKe Eest disSlay results. 2. -S21 'DtD )eeG 2IIers tKe most customi]ation Ile[iEility, granting access to raw data Ior designing and connecting your own weEsite design calendar, Eusiness listing or custom element Ior disSlay. AYailaEle e[clusiYely Ior tKe client s Srimary domain. 3. )or any use oI tKe data Ieed Eeyond your destination weEsite (e.g. tKird-Sarty sites or aSSs), tKe Iollowing conditions aSSly: (a) An additional licensing Iee will Ee cKarged (E) TKird-Sarty comSanies must sign and adKere to ITI Digital s terms oI serYice. TKese integration oStions ensure tKat our modules are EotK Yersatile and adaStaEle to meet tKe uniTue Eranding and Iunctionality needs oI your weEsite. 43 Agreement of Services ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 Contact: (912) 250-2689 or iti-digital.com 3ODces %Xsiness /istings 2ffer \oXr site visitors D Eetter ZeE e[Serience DnG Sromote \oXr OocDO EXsiness SDrtners :itK tKe integration oI Google 3laces, easily manage multiSle locations, leYerage tKe latest engagement Ieatures to stay connected to site Yisitors. :K\ *oogOe 3ODces" (nKance tKe SroIile oI your Yalued Eusiness Sartners ReleYant InIormation. Google oIIers dynamic content tKat is automatically uSdated as needed, sucK as a cKange in Kours oI oSeration. InteractiYe content Ior Yisitors to your site S(2. Increase time on Sage and engagement StaII time saYings. Because oI soItware content automation, tKe organi]ation is not deSendent on Eusiness Sartners to uSdate tKeir listings. TKe listings, tKereIore, are always correct and releYant. 1ew tecKnology new e[Seriences. MoYe your site Eeyond Eeing a Sortal Ior static content. :KDt :e 'o :e deliYer Business /istings - +otels, Restaurants, SKoSSing, Attractions - Sowered Ey Google 3laces witK geoIencing tecKnology. 2ur soItware uses autKori]ed data Soints to deliYer key Soints oI interest witK eacK including tKe Iollowing content: Images - )iYe SKotos Ser Eusiness Google ReYiews (3-stars and uS) 1earEy 3laces Ior site engagement and cross- Sromotion Business Kours and SKysical address G3S-enaEled directions 2Senclose status are automatically uSdated 2 Contact inIormation: :eEsite link, SKone numEer .e\ )eDtXres 9isitors /29( Access real-time inIormation on Eusiness Kours, oSenclosed Content tKat is regularly uSdated and is accurate sucK as Kours oI oSeration. Google reYiews G3S Directions using Google MaSs adMust setting to walk, driYe, or cycle Images - Yiew uS to IiYe images oI tKe Eusiness MoEile-Iriendly 9iew otKer nearEy Eusinesses 9isit tKe Eusiness weEsite S(2 )rienGO\ ScKemDorg 2Stimi]Dtion )or (DcK 3ODce (acK Soint oI interest in our 3laces D;3 module includes scKema.org markuS to oStimi]e content discoYery Ey Google S(2 traIIic Eots. TKe 3laces Details Sage also Kas uniTue 8R/s wKicK can Ee sKared, inde[ed, and tracked on Google Analytics. ScKema is a semantic YocaEulary oI tags (or micro-data) weEmasters add to tKeir content to imSroYe tKe way searcK engines read and reSresent tKe Sage in searcK results. TKereIore, Google Eots and otKer searcK engines KaYe more content to inde[, wKicK will enKance tKe S(2 results oI tKe tourism site. :KDt 2Xr &Oients SD\ "The ability to provide a better user experience while streamlining the work of the DMO staff made the Google business listings a “must-have” for Florida’s Adventure Coast; we’re thrilled with the results and with our experience working with ITI." 7Dmm\ - +eon 0DnDger 7oXrism 'eveOoSment )OoriGD¶s AGventXre &oDst %rooNsviOOe:eeNi :DcKee 44 Agreement of Services ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 Contact: (912) 250-2689 or iti-digital.com 3ODces %Xsiness /istings S&23( 2) :25. 'eOiver DvDiODEOe *oogOe %Xsiness /istings on tKe ';3 in tKe geogrDSKic DreD of tKe GestinDtion 'eveOoSment &Xstomi]Dtion Business listings include montKly and daily data uSdates sourced Irom tKe Google 3laces A3I to ensure accurate and timely inIormation. TKese uSdates include: ƕ 0ontKO\ XSGDtes: ReIresKing key Eusiness details sucK as SKone numEers, addresses, and weEsites, as well as aggregating new Eusinesses added to tKe Google 3laces A3I wKen aYailaEle ƕ 'DiO\ 8SGDtes ReIresKing Google ReYiews as IreTuently as tKey are aYailaEle in tKe associated Google Eusiness 3roIiles Customi]e naYigation menu settings Ior two oStions oI disSlay Customi]e list disSlay - tKree oStions (dit 3laces sucK as descriStion oI tKe Eusiness or reSlace images 2n-Eoarding and training DeYeloSment and tKe customi]ation oI tKe Digital ([Serience 3latIorm - D;3 Integrate account Eranding and Irontend module SreIerences ImSlement an account logo tKat SoSulates tKe e[Sort 3D) Ieature SoItware maintenance SuSSort as needed tKrougK )resKdesk SuSSort Management 3latIorm &ontent 0DnDgement )eDtXres oXr &Oients /29( )rom tKe D;3 edit and manage content deliYered and Sowered Ey tKe ITI Digital SaaS: ASSroYe ReMect 3laces Add 3romotional Image and link oI cKoice Add RemoYe geoIences as needed CKoose to KigKligKt certain 3laces oI interest or mark tKem as (ditor¶s CKoice (dit 3lace details sucK as descriStion, images, 8R/, etc. Manually enter 3laces Create custom 3laces categories. ([amSle: Bed and BreakIast, Resort, +otel, etc. A, ,ntegrDtion &ontent AssistDnt 2ur latest enKancements include tKe integration oI AI, wKicK signiIicantly aids content managers in craIting caStiYating descriStions Ior indiYidual Business /istings. TKis adYanced tecKnology emSowers content teams Ey streamlining tKe Srocess oI creating engaging and inIormatiYe content, ultimately enKancing tKe oYerall Tuality and aSSeal oI tKe ITI Digital content modules. :eEsite ,ntegrDtion 2ur ITI Digital D;3 modules are designed as Ile[iEle SaaS solutions, Ieaturing dedicated widgets (DI9 containers) tKat can seamlessly integrate into client weEsites. (acK module oIIers SowerIul tools Ior enKancing your site s Iunctionality. To imSlement a module we SroYide tKe Iollowing integration oStions: 1. ',9 scriSt! :iGget A straigKtIorward integration oStion tKat includes Easic customi]ation Ieatures, sucK as Iont styles. ResSonsiYe to moEile screens and tKorougKly tested Ior SerIormance on EotK 3C and moEile deYices Srior to client launcK. TKe ITI Digital deYeloSment team will SroYide suSSort during tKe code imSlementation Srocess, along witK recommendations Ior acKieYing tKe Eest disSlay results. 2. -S21 'DtD )eeG 2IIers tKe most customi]ation Ile[iEility, granting access to raw data Ior designing and connecting your own weEsite design calendar, Eusiness listing or custom element Ior disSlay. AYailaEle e[clusiYely Ior tKe client s Srimary domain. 3. )or any use oI tKe data Ieed Eeyond your destination weEsite (e.g. tKird-Sarty sites or aSSs), tKe Iollowing conditions aSSly: (a) An additional licensing Iee will Ee cKarged (E) TKird-Sarty comSanies must sign and adKere to ITI Digital s terms oI serYice. TKese integration oStions ensure tKat our modules are EotK Yersatile and adaStaEle to meet tKe uniTue Eranding and Iunctionality needs oI your weEsite. 45 Agreement of Services ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 Contact: (912) 250-2689 or iti-digital.com 0DrNeting 8SgrDGe )eDtXre 3ODces (vents 3/8S S&23( 2) :25. 2ur groundEreaking tecKnology connects (Yents and 3laces, transIorming tKe way users interact witK your Erand. TKis means tKat users Yisiting tKe (Yents Sage can eIIortlessly e[Slore nearEy Kotels, sKoSs, and restaurants witKin a ten-mile radius. Similarly, wKen users Erowse tKrougK 3laces (Business listings), tKey can easily discoYer nearEy eYents associated witK a sSeciIic location. ITI Digital will setuS tKe uSgraded Ieature accordingly: (naEle 1earEy 3laces on your (Yents Calendar module (naEle 1earEy (Yents on your 3laces module 1eDrE\ 3ODces (nDEOeG in <oXr (vents 0oGXOe 1eDrE\ (vents (nDEOeG in <oXr 3ODces 0oGXOe .e\ 8ser )eDtXres See nearEy Slaces in 2-mile radius as deIault See nearEy eYents in 2-mile radius as deIault 8Sdate miles range to e[Sand list oI eYents or Slaces )ilter nearEy eYents Ey date - Ey deIault tKey are organi]ed cKronologically 0D[imi]ing SeDrcK (ngine 2Stimi]Dtion TKe ITI Digital soItware is designed to ma[imi]e S(2 oSSortunities on EeKalI oI our clients. (acK Eusiness listing includes an uniTue 8R/ and ScKema markuS - a tySe oI structured data markuS - tKat is added to tKe +TM/ code to oStimi]e content discoYery Ey Google S(2 traIIic Eots. TKereIore, Google Eots and otKer searcK engines KaYe more content to inde[, wKicK will enKance tKe S(2 results oI tKe tourism site. 46 Agreement of Services ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 Contact: (912) 250-2689 or iti-digital.com 2Xr 'igitDO ([Serience 3ODtform ';3 &ontent 'eOiver\ 3ODtform :e create unmatcKed Sersonali]ed customer engagement witK content - sucK as (Yents, Images, Business listings, ReYiews, and Instagram 8GC. TKis content is deliYered Yia A3I and otKer sources Irom Google, )aceEook, Instagram, (YentErite, etc., to tKe ITI Digital ([Serience 3latIorm. )rom tKe D;3 , tKe content is edited (iI needed,) aSSroYed, and SuElisKed to tKe weEsite. Digital ([Serience 3latIorm (D;3) is an emerging category oI enterSrise soItware seeking to meet tKe needs oI comSanies undergoing digital transIormation, witK tKe ultimate goal oI SroYiding Eetter customer e[Seriences. D;3s SroYide an arcKitecture Ior comSanies to digiti]e Eusiness oSerations, deliYer connected customer e[Seriences, and gatKer actionaEle customer insigKt. .e\ )eDtXres of ,7, 'igitDO ';3 :e deliYer dynamic content Ior your Eusiness listings and eYents Sages witK tKe oStion oI Instagram 8ser- Generated content and liEraries. TKe soItware Kas tKe Ile[iEility tKat allows DM2s to edit and add content manually . StakeKolders can suEmit eYents and 3laces Ior aSSroYal EeIore SuElisKing tKem to tKe weEsite. TKe data Ieeds are customi]aEle. 7Ke 3oZer of '\nDmic &ontent :KDt ,s '\nDmic &ontent 2n A :eEsite" Dynamic content is any digital or online content tKat cKanges Eased on data, user EeKaYior and SreIerences. :K\ SeDrcK (ngines 9DOXes '\nDmic &ontent Google Kas Eeen ranking tKose sites tKat Sresent an e[cellent naYigation e[Serience more KigKly . In otKer words, dynamic content Kas a greater cKance to stand out on tKe Internet. :e cannot Iail to consider tKat dynamic content is also mucK more interesting Ior tKe user. ,ncreDseG 5eOevDnc\ Customers Mudge your weESage in less tKan a second. TKereIore, Sresenting releYant content is crucial to decreasing Eounce rates and increasing conYersions. 47 Agreement of Services ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 Contact: (912) 250-2689 or iti-digital.com ';3 SoftZDre 0DintenDnce SXSSort S&23( 2) :25. 'igitDO ([Serience 3ODtform ';3 +osting 7ecK SXSSort 0DnDgement ASSly soItware Ieature uSgrades as tKey Eecome aYailaEle SaaS deSloyment and day-to-day maintenance oI tKe aSSlication, wKicK includes: testing and installing SatcKes managing uSgrades monitoring SerIormance, ensuring KigK aYailaEility +osting oI tKe dataEase on a scalaEle cloud-Eased serYer. +osting includes sSace Ior Iiles, images, and content oI tKe soItware widgets. Monitor and manage all tKird-Sarty systems and A3I statuses. As an aSSroYed aSSlication DeYeloSer tKrougK YeriIied A3I access, we ensure you KaYe a Iunctioning end-user aSSlication witK tKe latest uSgrades aYailaEle on eacK tKird-Sarty A3I. ((.g. II an e[isting Sarameter is reYised in tKe tKird-Sarty A3I tKat aIIects our content deliYery, our team will SroactiYely uSdate as soon as SossiEle). Training. 2ngoing D;3 DasKEoard training as reTuested and as needed. SoftZDre 0DintenDnce 2vervieZ SoItware engineering is tKe modiIication oI a soItware Sroduct aIter deliYery to correct Iaults to imSroYe SerIormance or otKer attriEutes. A common SerceStion oI maintenance is tKat it merely inYolYes Ii[ing deIects. +oweYer, oYer 80 oI maintenance eIIort is used Ior non-correctiYe actions. TKis SerceStion is SerSetuated Ey users suEmitting SroElem reSorts tKat are Iunctionality enKancements to tKe system. TKere are seYeral reasons wKy modiIications are reTuired. TKe Iollowing is a listing oI a Iew tKat our soItware engineers manage: Market conditions. AlgoritKm and A3I cKanges Client reTuirements +ost modiIications - II any oI tKe Kardware andor SlatIorm (sucK as tKe oSerating system) oI tKe target Kost cKanges, soItware cKanges are needed to keeS adaStaEility. 7\Ses of 0DintenDnce TKe soItware liIetime or tySe oI maintenance may Yary Eased on its nature. It may Ee a routine maintenance task or it may Ee a large eYent Eased on maintenance nature. TKe Iollowing are some tySes oI maintenance Eased on tKeir cKaracteristics: CorrectiYe Maintenance - Includes modiIications and uSdates done to correct or Ii[ SroElems, wKicK are eitKer discoYered Ey users or concluded Irom user error reSorts. AdaStiYe Maintenance - Includes modiIications and uSdates aSSlied to keeS tKe soItware Sroduct uS-to-date and tuned to tKe eYer-cKanging world oI tecKnology and Eusiness enYironment. 3erIectiYe Maintenance - Includes modiIications and uSdates done in order to keeS tKe soItware usaEle oYer a long Seriod oI time. It includes new Ieatures, new user reTuirements Ior reIining tKe soItware and imSroYe its reliaEility and SerIormance. 3reYentiYe Maintenance - Includes modiIications and uSdates to SreYent Iuture SroElems oI tKe soItware. It aims to manage SroElems wKicK are not signiIicant at tKis moment Eut may cause serious issues in tKe Iuture. 48 Agreement of Services ITI Digital, Inc. Mailing Address: 1606 Reynolds St. Brunswick, GA 31520 Contact: (912) 250-2689 or iti-digital.com ';3 SoftZDre 0DintenDnce SXSSort 7\Ses of 0DintenDnce &ontinXeG TKese actiYities go togetKer witK eacK oI tKe Iollowing SKases: IdentiIication Tracing - InYolYes actiYities Sertaining to tKe identiIication oI reTuirement oI modiIication or maintenance. Analysis ± InYolYes analy]ing tKe modiIication Ior its imSact on tKe system including saIety and security imSlications. II tKe SroEaEle imSact is seYere, we will attemSt to Iind an alternatiYe solution. A set oI reTuired modiIications is tKen materiali]ed into reTuirement sSeciIications. TKe cost oI modiIicationmaintenance is analy]ed and estimation is concluded. Design - 1ew modules, wKicK need to Ee reSlaced or modiIied, are designed against reTuirement sSeciIications set in tKe SreYious stage. Test cases are created Ior Yalidation and YeriIication. ImSlementation - TKe new modules are coded witK tKe KelS oI a structured design created in tKe design steS. (Yery Srogrammer is e[Sected to do unit testing in Sarallel. System Testing - Integration testing is done among newly created modules. Integration testing is also carried out Eetween new modules and tKe system. )inally, tKe system is regularly tested Iollowing regressiYe testing Srocedures. 2ngoing &Xstomer SXSSort :itK access to our Client 3ortal, you can suEmit your reTuests Ior assistance and Iollow uS on tKe status oI your ticket. TKe system allows tKe SroMect manager to monitor tKe Srogress oI a ticket and communicate witK you and our deYeloSment team. 2ur standard communication Srocess: :e recogni]e and resSond to tKe ticket witKin tKe Eusiness day tKat it is suEmitted. II SossiEle, we correct witKin two working days or reacK out to your team Ior IurtKer directionsclariIication needed to solYe tKe SroElem Bugs and tecKnical issues tKat may need to Ee escalated will Ee suEmitted to our deYeloSment team and SroYided a detailed estimated deliYery date. At all times we will keeS tKe client inIormed and oI tKe timelines. (vents &ontent 'eOiver\ 3lease Ee adYised tKat wKile ITI Digital incorSorates tKe use oI A3Is, including Eut not limited to Google, and otKer similar SlatIorms, to aggregate and disSlay eYents on our (Yents Calendar , we cannot assure tKe inclusion and deliYery oI 100 oI all local eYents witKin any giYen geograSKical location. TKe nature and e[tent oI tKe eYents disSlayed are suEMect to limitations and e[ternal Iactors Eeyond our control. TKese include, Eut are not limited to, tKe inde[ing Sractices oI searcK engines, tKe oSerational algoritKms oI content SroYiders, and tKe manner in wKicK eYents are categori]ed and made aYailaEle tKrougK tKese tKird-Sarty A3Is. 7imeO\ 'eOiverDEOes ASSrovDOs To ensure tKe SroMect stays on track, tKe DM2 must SroYide reTuired assets (e.g., content, images, Eranding materials) and aSSroYals Ey tKe agreed deadlines. Delays in tKese contriEutions may imSact oYerall timelines, MeoSardi]ing tKe successIul launcK and imSlementation oI tKe SroMect. <our actiYe SarticiSation is essential to meeting key milestones. 49 ITI DIGITAL’S DXP SaaS Terms of Service Last Updated: August 04, 2025 ITI Digital provides a DXP Platform for identifying relevant content for combination and display on customer websites and applications (hereinafter referred to as “Services” or “Service”) offered to customers (hereinafter referred to as “Users” or “you”) at iti-digital.com (hereinafter referred to as the “DXP Platform”). The Services include Software, APIs, Dashboard Access, and other proprietary materials as described on the DXP Platform, collectively referred to herein as the “DXP Platform”. The Service is owned and operated by ITI Marketing Inc. (hereinafter referred to as the “Company” or “us”). Your use of the Service is subject to the terms and conditions set forth in this Terms of Service (hereinafter referred to as the “Terms”). PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS OF SERVICE. 1.0 Updates to Terms of Service. At ITI Digital, we are committed to continually improving our platform to meet evolving technology standards and the evolving needs of our clients. Updates to these Terms may occur in connection with enhancements or new features that elevate service performance, user experience, or platform security. Some enhancements will be automatically applied, while others may introduce optional, value-added features that clients can choose to adopt. In all cases, we will provide written notice at least thirty (30) days in advance for any material changes. We invite clients to contact us with questions or feedback about upcoming changes so we can ensure alignment. Our updates are rooted in our promise to deliver the best, most reliable technology while maintaining transparency and long-term trust. We do not issue arbitrary policy revisions and avoid unnecessary adjustments to maintain continuity and trust. 2.0 Translation. We may translate these Terms of Service into other languages for your convenience. Nevertheless, the English version governs your relationship with Company, and any inconsistencies among the different versions will be resolved in favor of the English version. 3.0 Service Availability and Continuity. 1 50 The Service may be subject to planned maintenance, system upgrades, or unexpected events beyond our control. ITI Digital strives to maintain a monthly uptime of 99% across all core services. We monitor system health through automated tools and third-party infrastructure to proactively identify and address issues. Clients will receive advance notice for scheduled maintenance and timely updates during service disruptions. Our support team is available to assist with any availability concerns, and we are committed to open communication to maintain trust and continuity throughout any disruptions. 4.0 Privacy Policy Use of the Service is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of this Terms of Service. By using or accessing the Service, you agree to be bound by the terms of our Privacy Policy terms stated below. For DXP Module of Instagram User-Generated Content (app.imgoingtravel.com): What data do we collect and process: In the ITI Digital application, when the user logs in with Facebook, in the domain app.imgoingtravel.com, the user agrees to allow our system to see the connected Instagram Business Accounts associated with your Facebook profile. The user data is anonymized to us, and Facebook solely manages users’ email address details. a) The Facebook Platform Data that we receive through our application is not shared with another person or business. b) We do not use the Facebook Platform Data for activities related to surveillance. c) We do not share the Facebook Platform Data to make decisions about housing, employment, insurance, education opportunities, credit, government benefits, or immigration status. d) We do not use the Facebook Platform Data to make decisions based on people’s race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, a medical or genetic condition. The purpose of collecting and processing that data: The purpose of accessing the connected Instagram Business Accounts is to populate public Instagram media into our users’ dashboard (app.imgoingtravel.com), as per the approved access of Facebook Developer API permissions, such as Instagram Public Content Access. How users may request deletion of their personal data: 2 51 For any requests to delete personal data, or to report security vulnerabilities, users can submit an email to the publicly available Support Client Portal: support@itidigital.freshdesk.com. How we delete data: a) Whenever Facebook Platform Data is no longer necessary to provide an app experience or service to users, deleted it within 30-60 days. b) When a user deletes their Facebook account associated with your app, data is deleted immediately. c) When requested by a user, we delete the data manually, immediately. d) When requested by Facebook, we delete the data manually, immediately e) When requested by Law & Regulation, we delete the data manually, immediately upon receipt of notification. For DXP Modules of Events, Places, Itineraries & Trip Planner (imgoingcalendar.com): What data do we collect and process: Events / Places – App users We temporarily store the email address of Event Planners through the event/place submission form. However, that field is not required for the submission and users have the choice to consent to this process, in the form interface. Trip Planner & Itineraries – App users When you log in with Google or Facebook, you agree to allow our system to save your trip preferences. We place a cookie to know how each user uses our site and which items you saved on your trip. The data is anonymized to ITI Digital, and Google or Facebook solely manages your email details. Users may choose to not allow email addresses and cookies collection in the application’s interface. Additionally, users who wish to request deletion of their data may do so at any time, by submitting a support email request to support@itidigital.freshdesk.com. Data will be deleted within 24 hours of the received message. 5.0 Additional Terms. In addition to these Terms and the Privacy Policy, Users shall be required to identify those modules User chooses to include in the Services. The terms as stated during such election of the modules (the “SaaS Terms”) are incorporated into this Terms of Service as if fully stated herein. 3 52 6.0 Age. The Service is meant for those at least eighteen (18) or the age of majority where you reside, whichever is younger. Use of the Service by anyone under this age is a violation of these Terms. 7.0 Intellectual Property. “Intellectual Property” means any patent, copyright, trademark, trade name, service mark, service name, brand mark, brand name, logo, corporate name, industrial design, any registrations thereof and pending applications therefor (to the extent applicable), any other intellectual property right (including, without limitation, any know-how, trade secret, trade right, formula, conditional or proprietary report or information, customer or membership list, any marketing data, and any computer program, software, database or data right), and license or other contract relating to any of the foregoing, and any goodwill associated with any business owning, holding or using any of the foregoing. You acknowledge that all the intellectual property rights in the Service, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the DXP Platform design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, other files and the selection and arrangement thereof, and other indicia of origin that appear on or in connection with any aspect of the Service (collectively the “Materials”) are either the property of the Company, its affiliates or licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Subject to these Terms, the Company grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable licence to use and access the Service solely for your own personal or internal business purposes. You will not obtain any ownership interest therein through this Terms of Service or otherwise. Except as otherwise expressly permitted in these Terms, Users will not: (a) reproduce, modify, adapt or create derivative works of any part of the Software; (b) rent, lease, distribute, sell, sublicense, transfer, or provide access to the Software to a third party; (c) use the Software for the benefit of any third party; (d) incorporate the Software into a product or service you provide to a third party; (e) interfere with any license key mechanism in the Software or otherwise circumvent mechanisms in the Software intended to limit your use; (f) reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or APIs to the Software, except to the extent expressly permitted by applicable law (and then only upon advance notice to Company; (g) remove or obscure any proprietary, attribution to Company (including any links thereto) or other notices contained in the Software; (h) use the Software for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the Software; or (j) encourage or assist any third party to do any of the foregoing 4 53 Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Service may not be owned by us and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Service. 8.0 Confidential Information, Non-Disclosure. Confidential Information. “Confidential Information” shall mean any and all information, proprietary and/or maintained in confidence by Company, including without limitation, any information relating to the Company’s ideas, concepts, techniques, inventions, know how (including patents, copyrights, and trade secrets), sketches, drawings, models, processes, materials, operations, algorithms, software programs, source code, experimental work, research and development, design details and specifications, engineering, financial information, procurement requirements, purchasing, manufacturing, customer lists, vendor lists, contact lists, business forecasts, sales and merchandising, marketing plans, and information, disclosed by Company or obtained by User either directly or indirectly, in writing, orally or by inspection of tangible objects or by the viewing of product demonstrations which is designated or described by the Company as “Confidential,” “Proprietary” or some similar designation, and/or which should reasonably be understood by the User, or any of User’s employees, directors, representatives, shareholders, or agents (collectively the “User Representatives”) because of the circumstances of disclosure or the nature of the information itself to be confidential or proprietary to the Company, regardless of whether obtained before, on or after the date of this agreement. Confidential Information also includes proprietary or confidential information of any third party who may disclose such information to the User on behalf of the Company. pursuant or otherwise relating to this Agreement. Non-disclosure and Non-use. User agrees to use the Confidential Information for the sole purpose contemplated by these Terms. User agrees that it shall not use for User’s own benefit or in any way disclose any Confidential Information to any person, firm or business, except for the sole purpose set forth in these Terms or for any other purpose the Company may hereafter authorize in writing. User shall treat all Confidential Information with the same degree of care as User accords to User’s own Confidential Information, but in no case less than reasonable care. User shall immediately give notice to the Company of any unauthorized use or disclosure of Confidential Information. User agrees to assist the Company in remedying any such unauthorized use or disclosure of Confidential Information. Users acknowledge and agree that as part of the Service, Company information has been or may be made available to Users including, without limitation, information relating in any way to any products, services, methods, computer/software or any other similar or related matters or items developed, enhanced or modified by the Company (hereinafter referred to as the “Confidential Information”). 5 54 Users agree that the Confidential Information: a) is the sole and exclusive property of the Company; b) is absolutely confidential to the Company; and c) except as expressly permitted in writing by the Company, may not be disseminated, or disclosed to others. During your use of the DXP Platform, and in the event of the termination of your access, whether voluntary or involuntary, you agree not to use, disclose, transfer or exploit the Confidential Information at any time and in any manner whatsoever for a period of five (5) years, except to the extent that the Company has disclosed information to User that constitutes a trade secret under law, the User shall protect that trade secret for as long as the information qualifies as a trade secret. Exceptions. The obligations and restrictions in this Section do not apply to that part of the Confidential Information the User demonstrates; a) was or becomes generally publicly available other than as a result of a disclosure by User in violation of this agreement; b) is requested or legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, or similar processes), or is required by a regulatory body, to be disclosed. In such an event, User shall; a) provide the Company with prompt notice of these requests or requirements before making a disclosure so that the Company may seek an appropriate protective order or other appropriate remedy; b) provide reasonable assistance to the Company in obtaining a protective order. User hereby acknowledges and agrees that the Company’s remedy at law for any breach of any of User’s obligations under this section would be inadequate, and User agrees and consents that temporary and permanent injunctive relief may be granted in any proceeding which may be brought to enforce any provision of this section, without the necessity of proof of actual damages, it being acknowledged by User that any such breach would cause irreparable injury to the Company. 9.0 Use of the Service, General You may be required to create an account to use the Service and/or take advantage of certain features, in which case you agree to: (i) provide true, accurate, current and complete information about yourself, and your company if applicable, as prompted by the Service; (ii) as permitted, maintain and promptly update such information. If you provide any information that is false, inaccurate or outdated, or Company has reasonable grounds to suspect that such information is false, inaccurate or outdated, Company has the right to suspend or terminate your account and prohibit all current or future use of the Service by you; and (iii) that your account is for your personal and/or business use. You may not resell the Service. (iv) by creating an account, you agree to receive certain communications in connection with the Service. 6 55 You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share your account for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Service, including charges resulting from unauthorized use of your account. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You agree to use the Service only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Service. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Service in any manner that interferes with its normal operation or with any other User’s use of the Service. You may not do any of the following while accessing or using the Service: (i) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Service by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us; (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or (v) disrupt or interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or otherwise creating an undue burden on the Service. You may not use manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Service. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of any part of the Service. 7 56 You further agree that you will not access the Service by any means except through the interface provided by Company for access to the Service. Creating or maintaining any link from another application to any page at the Service without the prior authorization of Company is prohibited. Running or displaying the Service, or any information or material displayed via the Service in frames or through similar means on another website or application without the prior authorization of Company is prohibited. Any permitted links to the Service must comply with all applicable laws, rule and regulations. Furthermore, you herein agree not to make use of the Services for: (i) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable; (ii) causing harm to any minor in any manner whatsoever; (iii) impersonating any individual or entity, including, but not limited to, any company, group or forum leaders, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity; (iv) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with; (v) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party; (vi) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship; (vii) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose; (viii) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; (ix) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other Users’ ability to participate in any real-time interactions; 8 57 (x) interfering with or disrupting any of the Services, servers and/or networks that may be connected or related to our DXP Platform, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers; (xi) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to any securities rules, regulations or laws of any nation or other securities exchange, and any regulations having the force of law; (xii) providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance to Section 219 of the Nationality Act; (xiii) stalking or with the intent to otherwise harass another individual; and/or, (xiv) collecting or storing of any personal data relating to any other User in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs. Your use of the Service is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Company makes no representation that Materials contained, described or offered via the Service are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Service comply with the laws of any specific country. Visitors who use the Service do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Service from any territory where its Material or other company posted content (hereinafter referred to as “Content”), or User Content (as defied below) is illegal, and that you, and not the Company Parties (as defined below), are responsible for compliance with applicable law. 10.0 Third-Party Operators and Websites. In the event we include links via the Service to third-party operators and/or websites (hereinafter referred to as “Third Party Provider”), including advertisements, which may include products, goods, services or information offered therein, these links are provided only as a convenience. If you clickthrough using these links to other websites, you may leave our DXP Platform. We do not control nor endorse any such Third-Party Provider. You agree that the Company Parties will not be responsible or liable for any content, products, goods, services or information provided or made available by a Third-Party Provider, including related websites, or for your use or inability to use the services of a Third-Party Provider. You will use such links at your own risk. You are advised that other websites on the Internet, including Third-Party Provider websites linked from our DXP Platform, might contain material or information: 9 58 (i) that some people may find offensive or inappropriate; (ii) that is inaccurate, untrue, misleading or deceptive; or, (iii) that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. We expressly disclaim any responsibility for the content, legality, decency or accuracy of any information, and for any content, products, goods, services or information, that appear on any Third-Party Provider website or in advertisements or content that a Third-Party Provider may have listed or offered on our DXP Platform. Your interactions with a Third-Party Provider found on or through the Service, including payment and delivery of goods or services, if any, conditions, warranties or representations associated with such matters are solely between you and the Third-Party Provider, except as may be otherwise stated herein. You acknowledge and agree that we are not a party to any transactions you may enter into, except as may be stated herein, using the Service and we shall not under any circumstances be liable for any damages of any kind arising out of, or in connection with, or relating to, the content, products, goods, services or information of a Thirty-Party Provider. 11.0 User Content “User Content” means any and all information and content that a User uploads, submits to, or uses with the Services. You may choose to enter this information manually or, where available, synchronize with a third-party website, provided to User via The Company’s DXP Platform. The Company does not verify the accuracy or completeness of User Content, and these may therefore be subject to errors. Company shall provide rights to data that is delivered to Users via the Service. Such rights arise from the following sources: 11.1 Google Places API – we abide by Google Places API Terms of Use, and the content uploaded is by the users who agree to Google’s term of services, which us further detailed here: https://developers.google.com/maps/documentation/places/web-service/policies. 11.2 Instagram User-Generated Content / Media – we are an approved Facebook Developer and adhere to such guidelines as further detailed here – https://developers.facebook.com/docs/instagram-api/guides/content-publishing/ Other content delivered to Users shall have the same or similar rights for use. 10 59 Nevertheless, you are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate any of the Terms of Service. Company does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content. We may, at our discretion, but shall have no obligation to, pre-screen User Content submissions and may choose to remove User Content at any time we see fit. You agree that the Company is not responsible for any financial loss, liability or damage of any kind that you may incur as a result of our removing or refusing to publish User Content. By posting User Content to the DXP Platform, you agree that we: (i) we are under no obligation of confidentiality, express or implied, with respect to the User Content, (ii) we may have something similar to the User Content already under consideration or in development, and (iv) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such User Content. 12.0 Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals (hereinafter referred to as “Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably waive, and cause to be waived, against the Company Parties and its Users any claims and assertions of any moral rights contained in such Feedback. 13.0 Representations. You expressly acknowledge, represent, warrant, and agree that you understand: The information contained herein is for informational purposes only and is not intended nor should be construed as advice or recommendations and are not guaranteed to produce results. Company does not warrant or guarantee the suitability or availability of any Material or Content, including without limitation any, data, products, or services, found through the Service. 11 60 Company does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products, or services found through the Service. You are of legal age to form a binding contract and are at least eighteen (18) years of age or you have the authority of such legal entity to form a binding contract; all information you provide to us is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Service and take full responsibility for the selection and use of and access to the Service. 14.0 Indemnification Users agree to indemnify ITI Digital against any third-party claims arising from their own misuse of the Service, including violations of these Terms or improper use of licensed materials beyond their intended purposes. This indemnification does not apply to claims resulting from ITI Digital’s own negligence, willful misconduct, or breach of contract. This clause is intended to protect both parties while acknowledging the structured, controlled nature of our content ecosystem. 15.0 Warranties, Disclaimers and Limitations of Liability. (I) Service Performance and Availability We will make reasonable efforts to ensure reliable service delivery and promptly address any performance-related issues.ITI Digital monitors system health and stability through a combination of internal diagnostics and third-party infrastructure providers. Clients are encouraged to report disruptions through our support portal for rapid resolution. While we cannot guarantee uninterrupted access, we are committed to providing timely communication, transparent status updates, and prioritized support in the event of disruption. (ii) Limitation of Liability To the maximum extent permitted by law, ITI Digital’s total aggregate liability for any claim related to the Service, whether in contract, tort, or otherwise, shall not exceed the total fees paid by the client under this Agreement in the twelve (12) months preceding the claim. This limitation applies to all claims, including those arising from access delays, data loss, or third-party integrations. This clause reflects the value of our service relative to risk and supports a balanced partnership. It is not intended to limit liability for acts of gross negligence, fraud, or willful misconduct by ITI Digital. (iii) Third-Party Services and Content The Company may integrate with, link to, or rely upon third-party providers for certain services. The Company is not responsible for the performance, security, accuracy, or availability of third-party services of their compliance with any laws, regulations, or contractual obligations. 12 61 (iv) Claims and Disputes Any claim or dispute arising under this Agreement must be brought within one (1) year from the date the cause of action occurred. Claims brough after this period shall be deemed permanently barred. (v) No Implied Warranties Except as expressly stated in this Agreement, the Company makes no other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. 15.1 Disclaimer for ITI Digital Events Calendar Please be advised that while ITI Digital incorporates the use of APIs, including but not limited to Google, and other similar platforms, to aggregate and display events on our Events Calendar, we cannot assure the inclusion and delivery of 100% of all local events within any given geographical location. The nature and extent of the events displayed are subject to limitations and external factors beyond our control. These include, but are not limited to, the indexing practices of search engines, the operational algorithms of content providers, and the manner in which events are categorized and made available through these third-party APIs. ITI Digital makes every reasonable effort to provide a comprehensive and accessible events calendar. However, the accuracy, completeness, and timeliness of the event information cannot be guaranteed. Users of the ITI Digital Events Calendar are encouraged to verify the details of the events with the original sources or event organizers. By accessing and using the ITI Digital Events Calendar, users acknowledge and accept that ITI Digital is not responsible for any inaccuracies, omissions, or the failure to include an event. ITI Digital disclaims any liability for any decisions made based on the information provided through the Events Calendar. This disclaimer is intended to be read in conjunction with ITI Digital’s Terms of Use and Privacy Policy. Your continued use of the ITI Digital Events Calendar constitutes your agreement to this disclaimer and any updates or modifications that may be made in the future. 16.0 Purchases and Payments 16.1 Purchase of Services. Your purchase of products or services is completed once you confirm your purchase and performance of your SaaS Terms begins as soon as the purchase is complete. Your purchase of products or services, including the length of your service agreement shall be as stated when you choose your SaaS Terms. Any conflict between the SaaS Terms and these Terms as it may 13 62 be related to pricing shall be resolved in favor of the SaaS Terms. Otherwise, these Terms shall control. 16.2 Payment Processing Methods. Company may make available various payment processing methods to facilitate the purchase of the Service. You must abide by any relevant terms and conditions or other legal agreements with third party payment processors, that govern your use of a given payment processing method. Company may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, Company or the payment processor may charge your credit card or other payment method that you provide us for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Service. 17.0 Term and Termination Services are contracted on an annual basis and automatically renew for successive one-year terms unless otherwise agreed in writing. This Agreement may only be terminated by either party with thirty (30) days’ written notice in the event of a material breach that remains uncured. For the purposes of this Agreement, a “material breach” means a substantial and ongoing failure by one party to meet its core obligations under this Agreement in a way that significantly impairs the other party’s ability to receive the agreed-upon value or functionality of the Service. This clause is intended to protect the integrity of the Agreement and ensure consistency over the term of service. It discourages arbitrary or unilateral termination unrelated to the actual performance or deliverables of the Service. In the event of termination due to material breach, ITI Digital will coordinate with the client to ensure a smooth transition. Any client-owned content stored within the platform will remain accessible for a limited period post-termination, allowing clients to export or transfer their data under our offboarding procedures. Our goal is to provide a professional and responsible offboarding experience should the relationship come to an end. 18.0 Digital Millennium Copyright Act (“DMCA”) NOTICE The Company respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the DXP Platform if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, the Company will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright protected content. Procedure for Notifying the Company of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded 14 63 materials to our DXP Platform, please provide the following information to the designated Copyright Agent listed below: (i) A description of the copyrighted work or other intellectual property that you claim has been infringed; (ii) A description of where the material that you claim is infringing is located on the DXP Platform; (iii) An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not us, can contact you; (iv) A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law; (v) A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; (vi) Your electronic or physical signature. We may request additional information before removing any allegedly infringing material. In the event we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations. Pursuant to 17 U.S.C. 512(c). the Company’s designated Copyright Agent is: Franci C. Edgerly (912) 250-2689 franciedgerly@iti-digital.com 19.0 Dispute Resolution. The parties agree to first attempt to resolve any disputes in good faith through direct communication. If a resolution cannot be reached informally within a reasonable time, either party may initiate arbitration administered by the American Arbitration Association. The parties agree that arbitration shall be conducted exclusively in Riverside County, California, and administered by the American Arbitration Association. For any judicial dispute, the parties agree to the exclusive jurisdiction and venue of courts located in Riverside County, California, in a 15 64 court of competent jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. This approach reflects our commitment to resolving matters professionally and efficiently, with flexibility based on the nature of the disagreement and the best interests of both parties. 20.0 Miscellaneous. No unilateral indemnity or waiver of legal remedies shall apply beyond what is permitted by law. This Agreement is governed by the laws of the state in which the client resides. Both parties act as independent contractors 21.0 Customer Service. If you have any comments or questions regarding these Terms of Service or wish to report any violation of these Terms of Service, you may contact us at partners@iti-digital.com. 16 65 66 CONSENT CALENDAR ITEM NO. 8 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH RY+AO FOR THE X-PARK BUILDING AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-08 RECOMMENDATION Approve Amendment No. 2 to Agreement for Contract Services with RY+AO, in the amount of $2,980, for the X-Park Building Americans with Disabilities Act Improvements Project No. 2023-08; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •During the design phase of the X-Park Building ADA Improvements Project (Attachment 1), the structural engineer determined that the roof requires reinforcement to meet assembly rating requirements. •Amendment No. 1 allowed RY+AO to assess the existing conditions and provide two retrofit options: (1) roof assembly reinforcement only, or (2) roof assembly reinforcement with a shade structure (Attachment 2). •Amendment No. 2 will authorize RY+AO to prepare high-level preliminary cost estimates for both options so the City Council can determine whether to proceed with one of the options or leave the building as-is (Attachment 3). 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, Amendment No. 2 will increase the total not-to-exceed amount by $2,980. Sufficient funds are available in the Project Budget. Base Contract Amount: $104,900 Amendment No. 1: $3,510 Amendment No. 2: $2,980 Contract Total: $111,390 BACKGROUND/ANALYSIS In May 2025, Council approved an Agreement with RY+AO to provide plans, specifications, and engineer’s estimate (PS&E) for ADA improvements at the X-Park Building. 67 During design, the structural engineer determined that the roof may not meet the necessary assembly rating for its intended use as an observation deck. Amendment No. 1, executed in July 2025, allowed RY+AO to assess the structural information and prepare conceptual retrofit options. Two options were identified (Attachment 2): •Roof assembly reinforcement only. •Roof assembly reinforcement plus a shade structure. Amendment No. 2, if approved, will allow RY+AO to prepare high-level preliminary construction cost estimates for both options. These cost estimates will be presented to Council at a future meeting to determine which option to proceed with or whether to leave the X-Park Building in its current condition. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ubaldo Ayón, Jr., Assistant Construction Manager Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map 2. Preliminary Retrofit Options from RY+AO 3.RY+AO Amendment No. 2 68 Attachment 1 – X-Park Building ADA Improvements PROJECT LOCATION HIGHWAY 111 Vicinity Map AVENUE 48 ATTACHMENT 1 69 INTERIOR SPACE EXTERIOR SPACE Holmes Fire 523 West 6th St. Suite 1122 Los Angeles, CA 90014 USA 213 481 5630 Project: Project No: Sketch Title: Sketch No:Rev: Date: Scale: By: X PARK 25043.10 Roof strengthening coord. --AC XXX TYPICAL FRAME (TOTAL 10 FRAMES) HSS 12X6X3/16 HSS 6X6X3/16 HS S 6 X 6 X 3 / 1 6 HSS 5X5X3/16 OVERSTRESSED MEMBERS FOR PUBLIC ASSEMBLY HS S 6 X 6 X 3 / 1 6 ISOMETRIC VIEW OF EXISTING STRUCTURE PROPOSED CANOPY (IN BLUE) US ATTACHMENT 2 70 EXTERIOR SPACE C10X25 DOUBLE STL CHANNEL INTERIOR SPACE EXTERIOR SPACE CASE 1 - PROPOSED STRENGTHENING FOR ROOF ASSEMBLY ONLY Holmes Fire 523 West 6th St. Suite 1122 Los Angeles, CA 90014 USA 213 481 5630 Project: Project No: Sketch Title: Sketch No:Rev: Date: Scale: By: X PARK 25043.10 Roof strengthening coord. --AC XXX (E) HSS STL STRENGTHENING OVERSTRESSED MEMBERS STL STRENGTHENING CASE 2 - PROPOSED STRENGTHENING FOR ROOF ASSEMBLY + NEW CANOPY INTERIOR SPACE PROPOSED CANOPY (IN BLUE) C10X25 DOUBLE STL CHANNEL OR EQUIVALENT, TYP. HSS 6X3X3/8 HSS 6X3X3/8 HSS 6X3X3/8 **NOTE: 1. THE STRENGTHENING SCHEME WILL APPLY TO ALL FRAMES IN THE BUILDING (TOTAL 10) 2. ALL NEW STL MEMEBERS TO (E) MEMBERS WILL HAVE WELDED CONNECTIONS 3. SEE ARCH DWGS FOR PROPOSED CANOPY ALLOWANCE SECTION A-A A A US 71 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH RY+AO This Amendment No. 2 (“Amendment 2”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 5th day of August 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation, and Richard Yen & Associates Architects & Planners, Inc., a California Corporation, dba RY+AO (“Contracting Party”). RECITALS WHEREAS, on or about May 7, 2025, the City and Contracting Party entered into an Agreement to provide services related to design and related professional services for the X-Park Building ADA Improvements Project no. 2023-08, for a total not to exceed amount of $104,900. The term of the Agreement expires on December 31, 2026 (“Initial Term”); and WHEREAS, Amendment 1, executed on or about July 7, 2025, amended Section 1.1 Scope of Services and related Exhibit A of the Agreement to include additional services as identified in Exhibit A attached to Amendment No. 1, pursuant to Section 1.7 Additional Services, for a total a not to exceed amount of $3,510, pursuant to Section 2.3 Compensation for Additional Services, which is within the allowed 5% or less of the Contract Sum of $104,900 per Section 2.1 Contract Sum of the Agreement. WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 Scope of Services and related Exhibit A of the Agreement to include preparing a preliminary engineer’s construction cost estimate for work related to Amendment 1; and WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and related Exhibit B of the Agreement to increase compensation by $2,980, for a total not to exceed amount of $111,390. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT 1.Section 1.1 Scope of Services is amended to read as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Professional Services for the X- Park Building ADA Improvements Project no. 2023-08, as specified in the “Scope of Services” attached as “Exhibit A” to the original agreement, as well as Amendment 1 and ATTACHMENT 3 72 Amendment 2, 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 perfuming similar services under similar circumstances. 2.Section 2.1 is amended to read as follows: 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 Eleven Thousand Three Hundred Ninety Dollars ($111,390) 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 the 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 the City; Contracting Pary 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 expenses, telephone expenses, 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, the Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. Where items are listed as Additional Scope of Work or Optional Tasks; they cannot be included or paid without prior written approval by the Contract Manager. In all other respects, the original Agreement shall remain in effect. 73 IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 2 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA RY+AO a California municipal corporation ____ _______________________ JON McMILLEN, City Manager Richard Yen City of La Quinta, California 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 74 Exhibit A Scope of Services 75 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 Eleven Thousand Three Hundred Ninety Dollars ($111,390) 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 as time and materials, 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. 76 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH RY+AO FOR MAINTENANCE AND OPERATIONS YARD PROJECT NO. 2018-05 PHASE 3 CONSTRUCTION DOCUMENTS SERVICES RECOMMENDATION Approve Amendment No. 2 to Agreement for Contract Services with RY+AO for Maintenance and Operations Yard Project No. 2018-05 Phase 3 Construction Documents Services; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY On August 6, 2024, Council approved an agreement with RY+AO to provide Programming Study (Phase 1) for the Maintenance and Operation Yard project (Project). This contract included the potential to continue Phases 2 and 3 with contract amendments. On January 21, 2025, Council accepted the finished Programming Study, and approved Amendment No. 1 to the agreement for Phase 2 Preliminary Design, which is currently nearing completion. Amendment No. 2 (Attachment 2) to the agreement proposes a $ 564,678 increase for Phase 3 Final Design and bid/construction support. FISCAL IMPACT Budget for the Project was allocated in fiscal years 2019/20, 2023/24, 2024/25, and 2025/2026 Capital Improvement Program (CIP) in the amount of $11,753,539, which includes $11,111,013 in Measure G funding and $642,526 in Maintenance and Facilities DIF. The following is the Project budget: Project Budget* Professional $ 190,000 Master Planning/Design $ 1,084,073 Construction $ 13,000,000 Inspection/Testing/Survey $ 300,000 Contingency $ 1,000,000 TOTAL: $ 15,574,073 ($11,753,539 Avail.) * Staff will revise the estimate and return to Council once final plans are completed. CONSENT CALENDAR ITEM NO. 9 77 BACKGROUND/ANALYSIS The Project shares a 10-acre site is shared with former Fire Station No. 32, and the Fritz Burns Park, which includes a swimming pool, playground, restrooms, six tennis courts, eight pickleball courts, a skate park, a dog park, and off-street parking (Attachment 1). The Project is comprised of three phases as follows: Phase 1 – perform appropriate engineering-related field surveys and prepare the base map; update the Project’s Master Plan and Facility Needs Assessment; and perform the Planning and Programming Step for the proposed maintenance office and crew quarters, and any amendments to the exterior storage facilities. Phase 2 – prepare preliminary plans and cost estimates for the proposed site layout based on the selected Master Plan Needs Assessment option. Phase 3 – prepare final plans, specifications, and cost estimates from the preliminary plans. The Project will construct a state-of-the-art facility designed to replace outdated buildings currently located adjacent to Fritz Burns Park, and aims to consolidate five key Public Works operating units into a single, modern facility to improve efficiency, enhance safety, and support long-term operational needs. Through program refinements, the design has been streamlined to approximately 12,400 square feet on a 2.82-acre portion of the site. The updated construction budget, including both building and site improvements, is estimated at $13 million. The previous rough magnitude of cost included the building only in the amount of $7.4 million. Overall estimated cost increased due to inflation, potential tariffs, and rising construction costs. The new facility will include flexible office space, training rooms, maintenance bays, modern restrooms, and optimized storage for tools, materials, and fleet vehicles. Site improvements will feature redesigned parking for staff and fleet, pedestrian accessibility upgrades, material storage zones, and a nursery area. Sustainability remains a key focus, with energy-efficient systems, Title 24 compliance, and renewable energy infrastructure designed to meet at least 15% of annual energy needs. Future-proofing elements include EV charging provisions and scalable infrastructure. Phase 2 Preliminary Design is nearing completion, and to maintain project momentum and avoid delays, staff recommends Council approval of proposed Amendment No. 2 to the agreement to include Phase 3 Final Design services. Final Design would only proceed upon Staff acceptance of the completed Preliminary Design. ALTERNATIVES – Staff does not recommend an alternative. Prepared by: Ubaldo Ayón, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Site Plan Exhibit 2. Amendment No. 2 78 ATTACHMENT 1 Existing Public Works Yard Total Acreage = 10 acres (Not to Scale) Legend Public Works Yard SITE PLAN EXHIBIT 79 AMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES WITH RY+AO (CONTRACTING PARTY) This Amendment No. 2 ("Amendment 2") to Agreement for Contract Services Agreement") is made and entered into as of the 5th day of August 2025 ("Effective Date") by and in between the CITY OF LA QUINTA ("City"), a California municipal corporation, and Richard Yen & Associates Architects & Planners, Inc., a California Corporation, dba RY+AO (“Contracting Party”). RECITALS WHEREAS, on or about August 12th, 2024, the City and Contracting Party entered into an Agreement to provide Professional Planning and Design Services for the City's Maintenance and Operations Yard, Project No. 2018-05, for a total not to exceed the amount of $222,806. The Term of the Agreement will expire on December 31, 2025 ("Initial Term"). WHEREAS, Amendment 1, executed on or about January 18, 2025, amended Section 1.1 Scope of Services and related Exhibit A of the Agreement to include phase 2 services as identified in Exhibit A attached to Amendment No. 1 for a total a not to exceed amount of $337,401, included Amendment No. 1 as Exhibit B, for a grand total not to exceed amount of $560,207. WHEREAS, City and Contracting Party mutually agree to amend Section 1.1, Scope of Services, of the Agreement to include phase 3 services as identified in Exhibit A, included in this Amendment 2; and WHEREAS, City and contracting Party mutually agree to amend Section 2.1 Contract Sum of the Agreement and increase the total compensation by an additional amount of $564,678 for the phase 3 services, included in this Amendment 2 as Exhibit B, for a grand total not to exceed amount of $1,124,885. NOW THEREFORE, in consideration of mutual covenants herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 1.1 is amended to read as follows: Section 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 City' s Maintenance and Operations Yard, as specified in the Scope of Services" attached as “Exhibit A” to the original agreement, as well as Amendment 1 and Amendment 2, 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 ATTACHMENT 2 80 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. 2. Section 2.1 Section 2.1 is amended to read as follows: Section 2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with "Exhibit B" (the "Schedule of Compensation") in a total amount not to exceed One Million One Hundred Twenty-Four Thousand Eight Hundred Eighty-Five Dollars ($1,124,885) (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 the 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 the City; Contracting Pary 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 expenses, telephone expenses, 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, the Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. Where items are listed as Additional Scope of Work or Optional Tasks; they cannot be included or paid without prior written approval by the Contract Manager. In all other respects, the original Agreement shall remain in effect. 81 IN WITNESS WHEREOF, the City and Contracting Party have executed Amendment No. 2 to the Agreement on the respective dates set forth below: CITY OF LA QUINTA RY+AO: a California Municipal Corporation ________________________________ __________________________________ JON McMILLEN, City Manager Name: Jianshan Liang________________ City of La Quinta, California Title: CEO________________________ 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 82 Exhibit A Page 1 of 1 EXHIBIT A Scope of Services 1. Additional Services to be provided: This Amendment 2 is limited to the attached Scope of Work referenced as Phase 3 Final Design. 83 LA QUINTA MAINTENANCE & OPERATIONS YARD 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 Professional Planning and Design Services – Maintenance and Operations Yard Project No. 2018-05. A detailed scope of work by phase is provided below. I. PHASE III A. Construction Documents Services 1. Preparation of Construction Documents based upon approved Design Development 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 • Architectural Details • Mechanical Plans and Diagrams • Plumbing Plans and Diagrams • Electrical Plans and Diagrams • Landscape Architecture Plans and Details • Civil Plans 2. Building Commissioning – Design Phase a. Commissioning scope of work includes quality assurance functional performance systems review per owner’s requirements for: 1) Operations yard exceeding 10,000 sq. ft. a) Mechanical, lighting control, and domestic hot water systems b) Irrigation controller and Photovoltaic Systems b. Complete Title 24 Certiffcate of Compliance, Design Review Kick-ofi checklist, which will be submitted to the City Building Department. A design reviewer is required for non-residential conditioned spaces of 10,000 sq. ft. or more. c. Meet with owner and architect to assist in developing the Owner’s Project Requirements (OPR). d. Provide Title 24 third party review of design drawings, submit issues and observations report to project team and complete and sign Certiffcate of Compliance, Design Review Compliance sheet, which will be submitted to the City Building Department. e. Complete Title 24 Certiffcate of Compliance, Commissioning Construction Documents checklist and submit to the City Building Department. Measures covered include building envelope, lighting, domestic hot water, and HVAC design. f. Coordinate with A&E to develop Basis of Design (BOD) documentation. 84 LA QUINTA MAINTENANCE & OPERATIONS YARD SCOPE OF WORK 2 g.Develop and present a Commissioning Plan (Cx Plan) to the owner (and the Building Official where required). The Cx Plan is intended to guide each responsible team member through the Commissioning process and document accountability of each discipline. h.Develop clear Commissioning Speciffcations and the functional testing requirements to be included in the construction bid documents. 3.Preparation of Project Specifications 4.Reasonable coordination with all consultants. 5.Reasonable coordination with all design-build consultants, if any. 6.Normal processing of documents through the City of La Quinta as required to obtain permits for construction. 7.Bi-monthly progress meetings with Architect included. 8.Deliverables: two (2) hard copies and one (1) electronic copy (Microsoft Word/Excel format) a.Construction Documents b.Commissioning Plan c.Project Specifications d.Cost Estimate B.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. C.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.A maximum of one (1) construction progress visits by Architect per month for a total construction duration of twelve (12) months. 85 LA QUINTA MAINTENANCE & OPERATIONS YARD SCOPE OF WORK 3 D. Additional Scope of Work 1. Utility Removals and Utility Relocations a. Obtain all development design or concept design documents for initial review b. Document existing site conditions c. Request pertaining dry utility records to the project as necessary d. Prepare viable options and present to client and development team are met e. Coordinate all utility removals (poles, services, meters) f. Coordinate and manage all utility relocations to clear the site II. ASSUMPTIONS & EXCLUSIONS A. Signage Design 1. All exterior and interior signage is provided in this proposal. All street signage, building signage and interior room signage designations shall be provided by others, not a part of A&E professional services. B. Environmental Land Planning 1. Professional services to entitle discretionary entitlements, mitigate negative declarations, CEQA are not included in our professional services. RY+AO has solicited a proposal from Michael Baker and Associates to provide preliminary entitlement ffnding if required. These services shall be provided upon request. C. Traiffc Engineering Services 1. Services of a traffic engineer were not designated as a requirement for this project and are excluded. Clariffcation, all vehicular traffic flow, truck turning radius studies, FTE/Visitor Parking and Fleet parking and circulation studies are included in RY+AO professional services. D. Communications Tower 1. A&E team shall coordinate the connection of all communication to the City’s communication pole or tower, if leased or purchased. The installation of the communication pole or tower shall be provided by others, between the City and the communication tower vendor. 2. We have assumed meeting with the City’s BU’s, to deffne functional requirements for the SCADA, Microwave, Radio, DAS, IT/Telecom for the proposed La Quinta operations yards for the purpose of designing the supporting MEP & Low Voltage infrastructure. All design and construction documentation/Bidding can be provided by Design Build contractor procured by the city or retained GC. E. Off-Site Improvements 1. All ofi-site improvements and utilities are unknown at the submittal of this proposal, therefore assumed not to be a part of this scope of work. 2. Upstream power study and power design to provide the site with more power than is supplied and exists at the site today to support proposed improvements. 86 LA QUINTA MAINTENANCE & OPERATIONS YARD SCOPE OF WORK 4 F. Geotechnical Conditions 1. Geotechnical report shall be provided by the City. Modiffcations 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. G. Plumbing 1. Design the plumbing systems including domestic water, waste, vent where required. We will design plumbing systems only to 5 feet from the exterior. All site utilities are by the Civil Engineer. These include, but are not limited to, storm drain, sanitary sewer, domestic water, ffre water, natural gas, and foundation drainage. 2. Sewage ejectors and sump pumps are excluded. We assume these will be gravity systems. 3. We assume a domestic water booster pump is not required. 4. We have excluded the design of grease waste interceptors. H. Fleet Repair Building and Fleet Services 1. Assumption: There are no Fleet Repair services required for this project per RFP. I. CNG Existing Fueling Tank Move 1. No Process Engineering is included to upgrade the existing CNG facility. RFP speciffes the existing CNG Fuel tank shall be moved. Services to move the tank are limited to the following: a. Code Analysis: establish setbacks from property lines and building per the 2022 ffre code. b. Evaluate the site plan and establish locations that will meet code requirements for the existing CNG tank relative to appropriate vehicular fueling and Tank service access. Proximity to building setbacks as well as property lines and appropriate location of the tank are included in RY+AO services. J. Fire Protection 1. Design the ffre sprinkler system. The design of the ffre sprinkler system will consist of performance speciffcations. The contractor will complete shop drawings and hydraulic calculations and will be the engineer of record for the ffre sprinkler system. We assume the base building risers are adequately sized for our use. We have excluded ffre protection requirements for high pile storage, CNG fuel station, waste management/disposal station and any specialty ffre protection in areas of battery energy systems. 2. We assume a ffre pump and a ffre water storage tank will not be required. 3. Design the ffre alarm system. The design of the ffre alarm system will consist of performance speciffcations and general location of ffre alarm devices; the contractor will complete shop drawings and all calculations and will be the engineer of record for the ffre alarm system. 4. Architect will retain a dry utility consultant to provide design and coordination with the local utility company for a new electrical service(s) to the project site. 5. We will provide lighting design for both the site and building. We assume all lighting to be utilitarian type. VCL shall specify any specialty lighting is required for this project. 87 LA QUINTA MAINTENANCE & OPERATIONS YARD SCOPE OF WORK 5 6.Provide conduit infrastructure and point to point connections for voice, data, broadband, or television system and devices based on input from Client or from Client’s consultants. 7.Provisions for conduit infrastructure for security devices, backboxes, and conduit for security systems based on the input from Client or from Client’s consultants. 8.Design the power connections for building equipment, such as Client-provided equipment. Our documents do not include information that is contained on vendor drawings (such as wiring diagrams, electrical controls, etc.) 9.Solar PV system is required. We assume this to be by the Owner’s vendor or a separate consultant retained by the Architect as an additional service. If requested, we can provide system sizing calculations and a performance speciffcation for the Contractor to design/build the system. Should the City consider PV (other than code required infrastructure), battery energy storage and possibly a Microgrid infrastructure to produce power and possibly provide back-up power for their EV charging infrastructure, A&E shall provide these services as an additional service. K.Electrical 1.Design the electrical normal power for the proposed work. a.A. The RFP does not indicate that an emergency generator is required. It is assumed that the A&E team shall design conduit provisions to allow for connection to a roll-up portable emergency generator. We have excluded the design of Emergency-Power for the entire site. b.B. We assume the EV charging stations will be required to service employee and fleet parking lots which shall be designed to Code minimum. Additional chargers will require additional services fees. c.C. Included in our professional services is consultation to provide design and coordination with the local utility company for a new electrical service(s) to the project site. d.D. We will provide lighting design for both the site and building. We assume all lighting to be utilitarian type. If any specialty lighting is required, the Architect will be required to provide a lighting designer for the project in the event that AT’s lighting design studio is not retained. L.Low Voltage/Audio Visual/Security 1.Develop program requirements for Low Voltage Cabling, Audio Visual and Security (access control & video surveillance) Systems. This will include a detailed review of the current programming and design documents developed to date. Work with the Client and project team to deffne functional and technical requirements. 2.Design the low voltage cable plant for the facility. This will include all horizontal category data cabling, backbone copper/ffber, and Outside Plant (OSP) ffber connectivity necessary to support network connected devices. Network connected devices shall include Wi-Fi Access Points (We have excluded predictive Wi-Fi modelling studies which can be provided as and additional service), hardwired work area outlets, data to support audio visual and data to support security system IP devices. Non-category data cable for audiovisual (Audio, Video, Control etc.) and security (Access Control, Intrusion Detection, etc.) will be designed and speciffed under each discipline. The intent is for all low voltage data cabling to be included in one comprehensive package for the purpose of bidding and installation. 88 LA QUINTA MAINTENANCE & OPERATIONS YARD SCOPE OF WORK 6 3. We have excluded all drawings for all low voltage wiring relating to their systems associated the EV charging systems on the site as these are assumed to utilize cellular connectivity. 4. Design the pathway systems for the distribution of the horizontal, and riser backbone cabling infrastructure. Coordinate OSP pathway requirements to the Civil Engineer. 5. Design the ER/MDF and TR/IDF rooms to support all IT infrastructure and Client provided equipment. This will include a review of the power and grounding requirements that are required to support the active equipment to be located within these rooms. 6. Review plans for the EF/MPOE to ensure telco facilities are in place to deliver telco services. Telco services shall be ordered and installed by others. 7. Design the audiovisual systems for the Office and Centralized Employee Facility. We have assumed this will include typical small, medium and large conference rooms for approximately 20% of the floorspace. Per the RFP responses, we have assumed the conference rooms shall double as training rooms. 8. Work with city provided vendor to provide the low voltage infrastructure to provide a paging system per the RFP response requirements. 9. Provide bidding and construction administration services for low voltage and audio-visual scopes of work. We excluded the design of a synchronized clock system. M. Lighting Design Services 1. Interior Lighting for both office buildings, enclosed conditioned storage area, area beneath canopy, fleet washing, and parking structure lighting. a. Design of T-24 compliant lighting b. Lighting Designer to select ffxtures and equipment that have a 5+ years warranty and locally sourced Exterior Lighting for laydown areas, surface parking areas, hardscape areas and wayffnding signage lighting for building connectivity on the site. c. Dark Sky compliant d. Lighting Designer to select ffxtures and equipment that are appropriate and durable for harsh weather. e. Provide prescriptive-method Title 24 for mechanical, lighting and envelope compliance calculations and forms. If an energy model is required for the project or if performance Title 24 calculations are required, Alfatech will require additional services. f. Coordinate with the structural engineer for all equipment anchorage. All structural calculations and details for anchorage are the responsibility of the structural engineer. g. Coordinate our work with other team members. h. If requested by Client, assist the design team and Client in their review and comment on the project cost estimate that is prepared by Client’s contractor or cost estimator. i. Prepare CSI-formatted speciffcation documents that describe the design intent. 89 LA QUINTA MAINTENANCE & OPERATIONS YARD SCOPE OF WORK 7 N.Logistics Warehouse & Outdoor Storage 1.All warehouse high pile racking systems shall be coordinated by the A&E in collaboration with the City’s warehouse and logistics department. Services of specialized storage needs shall be identiffed in Programming, between the A&E team and the City. The design of these systems shall be the responsibility of a specialized logistics consultant of the City’s choosing. City shall retain the logistics & storage consultant. A&E shall work with the City and its consultant to identify these specialized selections and speciffcation of these systems. 2.Systems shall include but not be limited to the following: high pile racking systems, mezzanine storage, secured storage, small parts conveying & carousel systems, outdoor racking, bar code scanning systems, inventory control systems, etc. O.Hazardous Materials A&E surety precludes the design professionals from the identiffcation, consultation, mitigation, abatement, handling, identiffcation / certiffcation / design to address any hazardous materials contained in the geology of the site or hazardous assets which the City anticipates obtaining and storing on-site. P.Primary Structure System of Buildings 1.Assumptions: a.Office and Crew Quarters – Up to twenty-ffve feet in height, single story office building, constructed with steel, Prefab steel, CMU, or timber framing with a lightweight roof structure made of metal deck or wood. b.Warehouse/Storage –Provisions are provided to develop storage or warehouse buildings if required, each constructed with similar materials, either CMU or concrete tilt-up walls with a lightweight roof structure made of metal deck or wood. c.Assume ~12,500 SF of built space per the RFP. d.Parking Canopies. Design for parking canopies are provided. Assumes a typical steel frame design and includes allowance for solar. e.Fleet Maintenance Shop- excluded, not in scope. f.Wash Bay – excluded, not in scope. g.Maintenance Shop-undeffned and to be determined. Design Development, Const. documentation, Bidding and Const. Admin. services for the development of a Maintenance Shop are not included in this scope of work. h.Misc site elements, assumed to be up to three (3) canopies are provided. i.Assume one site lighting pole design. j.We have not included anchorage of warehouse storage and racking systems nor equipment anchorage but can upon request. k.There will be one permit package for the project with all architectural, structural, and other consultant packages submitted concurrently. l.The design and construction of all buildings will occur concurrently. Project phasing may require review of scope and fee. m.Building Information Models (BIM) will contain elements modelled to a Level of Development (LOD) 200, unless otherwise noted. Refer to AIA Document G202- 2013 2.Exclusions: a.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). 90 LA QUINTA MAINTENANCE & OPERATIONS YARD SCOPE OF WORK 8 b. Landscape structural elements such as site walls, trellis, etc. not speciffcally noted herein. c. Geotechnical investigation and report d. Material testing and destructive investigation e. Special inspections during construction f. Design of elements for exterior building maintenance g. Preparation of demolition documentation (scope of existing buildings unidentiffed in the RFP.) h. Engineering or inspection of contractor temporary works such as shoring, bracing, underpinning, or propping. i. Work required to correct non-conforming construction undertaken by the contractor or unforeseen conditions. j. Design of support/bracing/anchorage of mechanical, electrical, and plumbing (MEP) systems and furniture, ffxtures, and equipment (FF&E) elements k. Services necessary due to signiffcant scope changes or design revisions after Phase I l. Services necessary due to signiffcant schedule extensions or accelerations Q. Dry Utilities 1. Assumptions: a. Client/project/construction team to use utility company drawings and/or designs for construction documents. b. Client/project team to provide project information to the level of detail required to allow for the calculation of future needs and demands and service provisions. c. Assumes client, or their assigned design team member(s) provides onsite and ofisite civil, architectural, and landscape base ffles. d. All City ffles will be provided to Moran Utility Services, Inc. for use in preparing and submitting to each dry utility company. e. Occasionally dry utility companies require additional ofisite base ffles to be created by civil engineer. Field survey work, by others, may be required to allow full development of base ffles and designs. f. Assumes utility companies have adequate capacity to accommodate new services. g. Assumes that all existing dry utility facilities will be protected in place and any onsite removals will be complete before our efiorts commence. 2. Exclusions: a. Excludes coordination with utilities for the quitclaim of any existing utility easements. b. Separate utility relocations or rearrangement to any existing facilities. c. Separate service extensions, relocations, or revisions to utility connections to neighboring properties. d. Service to irrigation, or other facility meter pedestals. If required, separate work orders can be processed for an additional fee and processed as an addendum if required. e. Any other separate design or coordination services related to ofisite system reinforcement work, and/or separate streetlight installation or removal design and/or coordination. f. Separate electric service extension work orders are excluded from this proposal. If the developer or the utility chooses to request these services as separate work orders, a change order would be required. g. Ofisite upgrades, underground line reinforcements, processing of fault duty letters, obtaining encroachment permits, and processing EUSERC drawings. 91 LA QUINTA MAINTENANCE & OPERATIONS YARD SCOPE OF WORK 9 h.Location services, ffeld survey, and base ffle creation. i.Iterative dry utility composite changes mentioned above in scope description are included, excludes signiffcant revisions that result in site changes and redesign efiorts. j.Preparation of as-builts. k.Any electrical engineering, private lighting ffxture selection, or low voltage system assessment. l.Excludes reproduction or printing costs (client to provide printing account). m.Coordination or design services related to ofisite relocations, rearrangements and/or reinforcements. n.Processing of quitclaims of any existing easement vacated during project. o.SoCal Gas Relocation(s)/Removal(s). p.Coordination of any utility overhead to underground conversions. R.Civil 1.The following is a partial list of the exclusions applicable to the Civil Services: a.Easements with governing agencies (power, gas, telephone, cable, guy anchors, overhead utility poles) b.Traffic Signal Studies/ Plans/ Modiffcations/ Reports c.Soils/ Geotechnical consulting d.Analysis of water and sewer systems serving areas adjacent to the proposed project, i.e., the preparation of regional or sub-regional analysis is not included. e.Shoring plans/ Exhibits/ Tie-back documents/ Encroachment Permits f.CEQA / EIR applications g.Ofi-Site Street Lighting Plans h.Ofi-Site Street Improvements i.Post Construction ALTA Survey j.Existing Conditions Topographic Survey- assume Dudek is providing survey + potholing. k.CASp Certiffcation l.Environmental Studies/ Hazardous Remediation’s m.Phase 1& 2 Environmental Reports n.Access and Utility Easements / Quitclaim o.Ofi-Site Sanitary Sewer Flow Studies/ Reports p.Caltrans Coordination & Design Documents q.Record of Survey r.Tentative Parcel Map s.Final Parcel Map (With monumentation) t.Percel Merger / LLA u.Street Right-of-Way Dedication v.Grease Interceptor Design and Sizing w.Traffic Control Plans x.Phasing Plans y.Ofi-Site Street Improvements Plans, Utility Extensions, Integration of Public Transportation z.Ofi-Site As-Built Plans aa. Existing Underground Utility Scanning bb. Federal Emergency Management Agency (FEMA) – CLOMR and LOMR & 92 Exhibit B Page 1 of 1 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided 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 Million One Hundred Twenty-Four Thousand Eight Hundred Eighty-Five Dollars ($1,124,885) (the "Contract Sum"), comprised of $222,806 for Professional Planning and Design Services of Phase 1 as detailed in Exhibit B of the Agreement; $337,401 for Professional Planning and Design Services for Phase 2 as detailed Exhibit B of Amendment No. 1; and $564,678 for Professional Planning and Design Services for Phase 3 as detailed in Exhibit B of Amendment No. 2. 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 the Agreement. Phase 1 shall be paid as a lump -sum on percentage of completion basis not to exceed One Hundred Seventy-One Thousand Two Hundred Six Dollars ($171,206) per original agreement. Phase 2 shall be paid as a lump -sum on percentage of completion basis not to exceed Three Hundred Thirty-Seven Thousand Four Hundred One Dollars ($337,401) as detailed in attachment to Exhibit B to this Amendment No. 1. Where items are listed as Additional Scope of Work or Optional Tasks; they cannot be included or paid without prior written approval by the Contract Manager. Phase 3 (Tasks 3.1, 3.2, 3.3.1, 3.5.1, and 3.6) shall be paid as a lump -sum on percentage of completion basis not to exceed Three Hundred Eighty Thousand Seven Hundred Three Dollars ($380,703) as detailed in attachment to Exhibit B to this Amendment No. 2. Where items are listed as Additional Scope of Work or Optional Tasks; they cannot be included or paid without prior written approval by the Contract Manager. Phase 3 (Tasks 3.3.2, 3.3.3, and 3.4) shall be paid as a time and materials on percentage of completion basis not to exceed One Hundred Eighty-Three Thousand Nine Hundred Seventy-five Dollars ($183,975) as detailed in attachment to Exhibit B to this Amendment No. 2. Where items are listed as Additional Scope of Work or Optional Tasks; they cannot be included or paid without prior written approval by the Contract Manager. Reimbursable Items shall be paid on a time and materials basis not to exceed Fifty -One Thousand Six Hundred Dollars ($51,600). 93 John Raeber - Specs Cumming - Cost Estimator Renderer Pr i n c i p a l Pr o j e c t D i r e c t o r (Q A / Q C ) Se n i o r D e s i g n e r Se n i o r P r o j e c t Ar c h i t e c t Se n i o r P r o j e c t Ma n a g e r Pr o j e c t M a n a g e r Se n i o r J o b C a p t a i n Jo b C a p t a i n Dr a f t s p e r s o n Ju n i o r D r a f t s p e r s o n Pa r t n e r Se n i o r P r i n c i p a l Pr i n c i p a l As s o c i a t e P r i n c i p a l As s o c i a t e Se n i o r E n g i n e e r Li g h t i n g D e s i g n e r En g i n e e r De s i g n E n g i n e e r De s i g n e r BI M M a n a g e r BI M S p e c i a l i s t BI M / C A D O p e r a t o r Pr o j e c t Ad m i n i s t r a t o r Ad m i n i s t r a t i v e Su p p o r t Pr i n c i p a l As s o c i a t e P r i n i c i p a l Pr o j e c t E n g i n e e r I Re v i t S p e c i a l i s t Du d e k - C i v i l En g i n e e r I I I En g i n e e r I I Se n i o r D e s i g n e r Se n i o r D e s i g n e r Dr a f t e r I Pr i n c i p a l L a n d s c a p e Ar c h i t e c t Se n i o r L a n d s c a p e Ar c h . / P r o j e c t Ma n a ger La n d s c a p e A r c h i t e c t Pr e s i d e n t Pr o f e s s i o n a l En g i n e e r ( E E ) Sr . P r o j e c t M a n a g e r As s o c i a t e P r o j e c t Ma n a g e r El e c t r i c a l D e s i g n e r Li g h t i n g D e s i g n e r Dr a f t e r Su r v e y m a n a g e r Se n i o r S u r v e y o r Su r v y T e c h Pr o j e c t A s s i t a n t 2 P e r s o n S u r v e y Cr e w ( P W ) Ae r i a l ( s u b - co n s u l t a n t ) $ 2 5 1 0 fi x e d f e e Se n i o r E n g i n e e r / Co m m i s s s i o n i n g Au t h o r i t y En e r g y An a l y s t / C o m m i s s i o n in g A s s i s t a n t Sp e c i f i c a t i o n W r i t e r Se n i o r C o s t Ma n a g e r Re n d e r i n g s $250 $230 $190 $190 $190 $180 $155 $145 $135 $130 $280 $265 $245 $220 $200 $170 $165 $155 $135 $120 $150 $125 $95 $90 $85 $300 $250 $150 $130 $239 $265 $230 $160 $161 $145 $170 $150 $125 $220 $200 $175 $125 $110 $110 $80 $210 $155 $140 $120 $310 $2510 $210 $150 $90 $200 $2500 PHASE III 3.1 CONSTRUCTION DOCUMENTS 3.1.1. Construction Documents 360 3842336124214868281010877 1280 8 80 88 24424264686 18 18 219,872.00$ 3.1.2. Commissioning Plan 226 4,320.00$ 3.1.3. Project Specifications 12 1 2 12 8 48 144 6 86 19,275.00$ 3.1.4. Lighting Construction Documents 16 2,640.00$ 3.1.5. Technology Construction Documents 24 40 9,480.00$ 3.1.6. Cost Estimate 25 12 114 6 64 16,445.00$ 3.1.7. Permit Processing 40 40 2 3 14,295.00$ Subtotal Task 1 0 0 0 412 0 0 0 40 0 384 2 3 3 6 5 48 46 48 108 28 10 10 8 7 7 0 15 94 0 0 16 84 96 2 4 6 29 34 4 12 14 6 18 0 18 0 0 00002268664 0286,327.00$ 3.2 PROJECT MANAGEMENT 3.2.1. Project Management 84 27 12 16 374124 33,772.00$ 3.2.2. Project Team Meetings 12 12 20 812 44 12,947.00$ 3.2.3. QA/QC 12 80 2 2 4 1 23,365.00$ Subtotal Task2 24 80 0 12 104 000000000270000000000222400180050411040124000000000000 0 070,084.00$ 3.3 BIDDING 3.3.1 Preparation of Bid Package 4 4 1 2 244 42 5,000.00$ 3.3.2 Respond to Bidder Questions 32 32 28 12 2 42 15,465.00$ 3.3.3 Assist in the Review of Bids 4 4 22 12 2 2 3,615.00$ Subtotal Task 3 0 0 0 40 0 40 00000000000000000000512004880100400000000000000000 0 024,080.00$ 3.4 CONSTRUCTION ADMINISTRATION 3.4.1 Review of Shop Drawings / Submittals 8 174 104 42654 4 16 252 22 59,935.00$ 3.4.2. Response to Contractor RFIs 8 174 104 41644 41625223 59,745.00$ 3.4.3. Construction Progress Site Visits 596 6 646 424 142 4 30,125.00$ 3.4.4. Preparation of Project Punchlist 5 24 11 61646 45 16 142 8 15,090.00$ Subtotal Task 4 26 0 0 0 468 0 0 208 0 0 1 1 0 20 4 24 17 20 0 0 0 0 0 4 5 0 13 62 0 0 6 18 8 0 0 0 16 0 0 0 5 0 000000000000 0 0 164,895.00$ 3.5 ADDITIONAL SCOPE OF WORK 3.5.1 Utility Removals and Utility Relocations 2 12 24 5,792.00$ Subtotal Task 3 0 0 0 0 2000000000000000000000000000012240000000000000000000 0 0 5,792.00$ TOTAL HOURS (PHASE III) 50 80 0 464 574 40 0 248 0 384 3 4 3 26 36 72 63 68 108 28 10 10 8 11 12 2 55 172 0 0 44 110 112 19 38 10 60 34 8 12 31 10 18 0 18 0 0 00002268664 0 TOTAL COST (PHASE III) $12500 $18400 $0 $88160 $109060 $7200 $0 $35960 $0 $49920 $840 $1060 $735 $5720 $7120 $12240 $10395 $10505 $14580 $3360 $1500 $1250 $760 $990 $1020 $600 $13870 $25800 $0 $0 $11750 $25300 $17920 $3093 $5510 $1700 $9000 $4250 $1760 $2400 $5425 $1245 $1980 $0 $1440 $0 $0 $0 $0 $0 $0 $420 $3900 $7740 $12800 $0 551,178.00$ TOTAL LABOR - BASE $12,500 $18,400 $0 $88,160 $109,060 $7,200 $0 $35,960 $0 $49,920 $840 $1,060 $735 $5,720 $7,120 $12,240 $10,395 $10,505 $14,580 $3,360 $1,500 $1,250 $760 $990 $1,020 $600 $13,870 $25,800 $0 $0 $11,750 $25,300 $17,920 $3,093 $5,510 $1,700 $9,000 $4,250 $1,760 $2,400 $5,425 $1,245 $1,980 $0 $1,440 $0 $0 $0 $0 $0 $0 $420 $3,900 $7,740 $12,800 $0 551,178.00$ TOTAL HOURS - BASE 50 80 0 464 574 40 0 248 0 384 3 4 3 26 36 72 63 68 108 28 10 10 8 11 12 2 55 172 0 0 44 110 112 19 38 10 60 34 8 12 31 10 18 0 18 0 0 00002268664 0 3.6 OPTIONAL TASKS 3.6.1. Commissioning - Construction Phase (Phase III)50 20 13,500.00$ Subtotal Optional Tasks 0 0 0 0 0000000000000000000000000000000000000000000000050200 0 013,500.00$ TOTAL HOURS (OPTIONAL TASKS) 0 0 0 0 0000000000000000000000000000000000000000000000050200 0 0 TOTAL COST (OPTIONAL TASKS) $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $10500 $3000 $0 $0 $0 13,500.00$ TOTAL LABOR - BASE + OPTIONAL $12,500 $18,400 $0 $88,160 $109,060 $7,200 $0 $35,960 $0 $49,920 $840 $1,060 $735 $5,720 $7,120 $12,240 $10,395 $10,505 $14,580 $3,360 $1,500 $1,250 $760 $990 $1,020 $600 $13,870 $25,800 $0 $0 $11,750 $25,300 $17,920 $3,093 $5,510 $1,700 $9,000 $4,250 $1,760 $2,400 $5,425 $1,245 $1,980 $0 $1,440 $0 $0 $0 $0 $0 $0 $10,920 $6,900 $7,740 $12,800 $0 564,678.00$ TOTAL HOURS - BASE + OPTIONAL 50 80 0 464 574 40 0 248 0 384 3 4 3 26 36 72 63 68 108 28 10 10 8 11 12 2 55 172 0 0 44 110 112 19 38 10 60 34 8 12 31 10 18 0 18 0 0 000052468664 0 RY+AO - Architectural AlfaTech - MEP / Lighting / Low Voltage Holmes - Structural Dudek - Civil DUEx - Dry Utilities In-Site - Landscape Architectural Visual Concepts - Site Lighting NV5 - Surveying VCA Green - Commissioning 94 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH SOUTHSTAR ENGINEERING AND CONSULTING, INC FOR CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE HIGHWAY 111 REHABILITATION PROJECT NO. 2022-25 RECOMMENDATION Approve Amendment No. 1 to the Agreement for Contract Services with Southstar Engineering and Consulting, Inc. for Construction Management and Inspection Services for the Highway 111 Rehabilitation Project No. 2022-25; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •On December 17, 2024, Council approved an agreement with Southstar Engineering and Consulting, Inc. (Southstar) for Construction Management and Inspection Services for the Highway 111 Rehabilitation Project No. 2022-25 (Project). •To reduce the overall construction timeline by several weeks, minimizing impacts to traffic and businesses along the corridor, the contractor is transitioning to night work in 12‑hour shifts and may deploy multiple crews, requiring expanded inspection coverage (concurrent inspectors and longer daily windows). •Community outreach remains extensive as the team responds to business and public concerns. •The proposed Amendment No. 1 with Southstar will provide funding for the additional inspection and continued and enhanced community outreach during night operations and multi‑crew work. FISCAL IMPACT The budget for the Project was allocated in fiscal years 2023/24 and 2024/25 Capital Improvement Program (CIP) under Project No. 2019-05 Highway 111 Corridor Area Plan Implementation, totaling $8,280,777. This includes $4,000,000 in Federal Earmark Funding, $984,000 in SB1 funding, and $3,296,777 in Measure G Funding. Sufficient funds are available in the Project Budget. CONSENT CALENDAR ITEM NO. 10 95 Base Contract Amount: $394,250 Amendment No. 1: $143,890 Contract Total: $538,140 BACKGROUND/ANALYSIS In December 2024, the City approved an agreement with Southstar to provide construction management and inspection services for the Highway 111 Rehabilitation Project, which reconstructs pavement along Highway 111 within City limits and includes minor ADA-related curb ramp improvements (Attachment 1). As construction advances, Southstar will move to night work with 12-hour shifts and, as crews become available, may operate dual (or multiple) paving and support crews. To maintain quality control, safety, and compliance with specifications and federal/state requirements during these extended windows and concurrent operations, additional inspection personnel are required. Concurrently, community outreach has intensified to address access, signage, and operational concerns from corridor businesses and the traveling public. The proposed Amendment No. 1 (Attachment 2) will fund: •Expanded inspection staffing to cover night operations and simultaneous crews (e.g., paving, grinding, striping, utility coordination). •Enhanced outreach activities, including advance notices, door-to-door coordination with businesses, weekly look ahead updates, a dedicated point of contact, and real time responses to issues arising from night work and traffic control changes. This staffing and outreach plan is expected to accelerate delivery by several weeks while sustaining business access, minimizing disruptions at key intersections, and maintaining compliance with grant and oversight requirements. ALTERNATIVES Staff does not recommend an alternative. Prepared by: Ubaldo Ayón, Jr., Assistant Construction Manager Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map 2.Southstar Amendment No. 1 96 *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 From West of Washington Street to Jefferson Street REPORT PRINTED ON...2/7/2019 11:38:16 AM Vicinity Map Highway 111 Rehabilitation Project (2022-25) 0 12,0376, 019 Feet Blueline Streams City Areas World Street Map ATTACHMENT 1 97 AMENDMENT NO.1 TO AGREEMENT FOR CONTRACT SERVICES WITH SOUTHSTAR ENGINEERING AND CONSULTING, INC. (CONTRACTING PARTY) This Amendment No. 1 ("Amendment 1") to Agreement for Contract Services (“Agreement") is made and entered into as of the 5th day of August 2025 ("Effective Date") by and in between the CITY OF LA QUINTA ("City"), a California municipal corporation, and Southstar Engineering and Consulting, Inc., a California Corporation ("Contracting Party"). RECITALS WHEREAS, on or about December 18, 2024, the City and Contracting Party entered into an Agreement to provide Construction Management and Inspection Services for Highway 111 Rehabilitation Project No. 2022-25 for a total not to exceed the amount of $394,250. The Term of the Agreement will expire on December 31, 2025 ("Initial Term"); and WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 Scope of Services and related Exhibit A of the Agreement to expand inspection services and provide enhanced community outreach during night operations and multi-crew work in an effort to reduce the overall construction timeline and minimize impacts to traffic and businesses along the Highway 111 corridor; and WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and related Exhibit B of the Agreement to increase compensation by $143,890 for the expanded inspection and outreach services, for a total not to exceed amount of $538,140. NOW THEREFORE, in consideration of mutual covenants herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.Section 1.1 Scope of Services is amended to read as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Construction Management and Inspection Services for Highway 111 Rehabilitation Project No. 2022-25, 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 perfuming similar services under similar circumstances. ATTACHMENT 2 98 2. Section 2.1 is amended to read as follows: 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 Five Hundred Thirty-Eight Thousand One Hundred Forty Dollars ($538,140) 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 the 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 the City; Contracting Pary 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 expenses, telephone expenses, 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, the Contracting Party's overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement. Where items are listed as Additional Scope of Work or Optional Tasks; they cannot be included or paid without prior written approval by the Contract Manager. In all other respects, the original Agreement shall remain in effect. 99 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 Southstar: a California Municipal Corporation ________________________________ __________________________________ JON McMILLEN, City Manager Name: Jason Bernnecke, P.E. City of La Quinta, California Title: CEO / Principal-in-Charge / Project Manager 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 100 Exhibit A Scope of Services See attached. 101 Southstar | DCCM | Response to City of La Quinta, RFP No. 2022-25 | November 18, 2024 9 Southstar | DCCM follows a comprehensive methodology consisting of dozens of time-tested and proven strategies for ensuring contractors working on public works capital projects for municipal agencies stay on schedule and under budget. The following tasks will be performed as part of the overall approach to providing oversight of the prime contractor to anticipate issues that may lead to unintended CCO’s and/or project delays. DCCM can provide additional value-added specialties including project management, resident engineering, structural engineering, construction management, construction administration, scheduling, labor compliance, public outreach, and construction observation/inspection. Principal-in-charge, Mr. Jason Bennecke, will be responsible for coordinating with the City to provide the staff needed for any assignment, and to execute tasks on behalf of DCCM. All services shall be in accordance with local guidelines as described in Chapter 16, “Administer Construction Contracts” of the Caltrans Local Assistance Procedures Manual, the Caltrans Construction Manual, and the Caltrans Construction Manual Supplement for Value Engineering | DCCM employs Value Engineering (VE) throughout the project lifecycle to enhance cost-effectiveness and maintain structural integrity. This approach minimizes costs and reduces waste by providing a clear project overview, facilitating the elimination of redundancies, and ensuring optimal material allocation. Constructability Review | Prior to project advertisement, DCCM conducts a thorough review of contract documents (PS&E) for constructability assessments, staging analysis, impact assessments, plan check coordination, design discipline alignment, Manager and Design Engineer. Engineer’s Estimates | DCCM rigorously reviews Engineer’s estimates to prevent project delays due to track project budget and activities. Master Project Schedule | DCCM’s Resident Engineer (RE) scrutinizes the contractor’s baseline schedule for practicality and comprehensiveness. Monthly schedule updates are closely monitored, and a 3-week lookahead schedule is used to manage project progress and Time Impact Analysis (TIA) is conducted when required. Contract Bidding Support | DCCM administers and advertises construction bids, prepares for pre- bid meetings, manages inquiries, and coordinates responses with the City’s Design Consultant. Review and Evaluation of Bids | DCCM assists the City in reviewing and evaluating bids, ensuring compliance with contract terms, and recommending successful low bidders. Notice of Award, Agreements, and Purchase Orders are processed. Project Management | DCCM utilizes effective project control tools and procedures, closely collaborating with the contractor and City staff to payment processes, and timely issue resolution. addressed promptly. Stakeholder Communication | Effective communication with Project stakeholders, including local residents, businesses, utility owners, and plan developed by Vanessa will ensure transparent communication. Additionally, our team will create a and the City. Our team possesses extensive knowledge of City, Caltrans, and federal policies and processes, eliminating any learning curve. We demonstrate adaptability to manage varying workloads effectively. Schedule Control | Schedule control encompasses baseline construction schedule submission, approval, and updates. Discrepancies between planned and actual activities will be addressed. Weekly 2-4-week look-ahead schedules will aid inspection and off-site planning. We closely monitor procurement of long lead materials and alert the City to any construction changes that might impact schedules or costs. Progress/Coordination Meetings | Our Inspector will assist in coordinating meetings with the Contractor, Designer, construction surveyor, materials inspector, and utility companies. Weekly progress meetings will be conducted, with agendas, minutes, and an issues log maintained. These meetings will cover submittals, RFIs, CCOs, and project issues. 102 Southstar | DCCM | Response to City of La Quinta, RFP No. 2022-25 | November 18, 2024 10 Monthly Activity Summary Report | The DCCM Inspector will provide monthly project status reports. These reports will cover budget, schedule, accomplishments, submittals, change orders, and current and anticipated work progress. Requests for Information | The DCCM team will respond to Contractor’s RFIs or route them to design engineers as needed. A weekly tracking report will be maintained and discussed in the weekly progress Submittal Management and Review | Our team will receive and log all Contractor’s submittals. Depending on the type of submittal, it will be routed for review by the relevant team member. Responses will be documented in the submittal log, ensuring the Contractor has the necessary information for project progress. Technical and Administrative Management | DCCM will provide technical and administrative management services, oversee project activities, maintain close communication with the Client’s Project Manager and Design Engineer, and ensure comprehensive documentation. Project File Management | We will process and track • RFIs, Submittals, Proposed change orders and revisions • Cost accounting records on authorized work performed under contract unit costs and additional work performed based on actual costs of time (labor) and materials (T&M). • All contract documents including: Special Provisions; Contract / Agreement; Subcontractors Listing; Assurance (CQA); correspondence, etc. • Disadvantaged Business Enterprises (DBE) Compliance • Relevant permits and requirements from local governments or regulatory agencies • standard plans • Notice to Proceed and contract time accounting procedure and documentation • Equipment and material submittal log. The construction contract shall be reviewed for submittal requirements, • and due dates shall be established based on the construction schedule. • Correspondence log • Progress payment format in compliance with City’s standards • Project personnel and emergency phone numbers • Contract change order documentation and approval procedures • Daily construction report, supplemented by daily materials sampling and testing reports prepared on printed forms • Required safety documentation and equipment • Project photograph log • Record drawing format • Progress meeting format • Pre-construction meeting format Change Orders | Change Orders can be requested by the City for scope changes. Our team assesses merit, scope, estimated cost, and schedule impacts, providing City recommendations. We also negotiate change orders if required due to scope changes by the City. We aim to avoid unnecessary change orders and consult with the City when necessary. Payment for change orders follows a clear process. Cost Control System | Detecting and addressing construction issues early is the responsibility of all progress payments are prepared for City review, covering work completed by the Contractor. Change order administration is essential for cost and schedule control. We excel in resolving issues at the lowest level and maintaining detailed project documentation to mitigate claims. Claims | Our team focuses on strong communication and relationships to minimize the need for contractor claims. In unavoidable cases, we access expert resources to minimize impacts. We review Contractor- Recommendations are discussed with the City before sharing with the Contractor. Ongoing monitoring ensures compliance. THROUGH OUR METICULOUS RFI PROCESS, WE SUCCESSFULLY MONITORED AND ADAPTED TO VARIOUS FIELD CONDITIONS ON THE PRESTIGIOUS PRESIDENTS’ PLAZA IMPROVEMENTS PROJECT. BY EFFECTIVELY MANAGING THE DISCOVERY AND DESIGN OF BURIED MANMADE OBJECTS AND UTILITIES, WE DEMONSTRATED OUR ABILITY TO THINK QUICKLY ON OUR FEET AND ULTIMATELY SAVED THE AGENCY $500,000. 103 Southstar | DCCM | Response to City of La Quinta, RFP No. 2022-25 | November 18, 2024 11 Project Schedule | We review and approve the Contractor’s schedule, utilizing software tools. Monthly reviews against the baseline schedule help identify and mitigate potential delays. Document Control | and document control system, documenting all communication and maintaining compliance with Caltrans and City requirements. Utility and Outside Agency Coordination | Our team alerts affected entities and coordinates closely to ensure a smooth preconstruction meeting and construction process. Site Safety | Nothing is more important than the safety of the construction team and the general public. We ensure safety compliance through plan review, safety meetings are conducted. Drainage | We inspect the construct/modify of drainage systems per requirements, standards, and contract documents. Contractor Progress Payments | We administer quantities, subject to City approval. Labor Compliance | ensures adherence to labor regulations through Quality Assurance/Control | We employ skilled staff to uphold quality through careful inspection, preventing re-work, and ensuring proper testing. Federal Contract Management & Documentation | DCCM has experience in managing federally funded projects, following LAPM chapters for invoicing and documentation. Project Filing System | Files are scanned and stored digitally. Electronic data is uploaded to the City’s preferred location. SWPPP | pollution control measures. Project Records | We maintain comprehensive project records in hard copy and electronic form, following Caltrans Construction Manual Logs. The OE assists in various project tasks, including change orders, coordinating testing, and documentation. The OE also ensures that all appropriate submittals are submitted on time. They will also coordinate OE is the focal point for proper and accurate project documentation on all construction projects. This role will be supervised by the Construction Manager. Daily Reports | The DCCM Inspector provides daily diaries of construction progress in Caltrans format from the Caltrans Local Assistance Procedures Manual. These reports cover material quantities, construction progress photos, daily issues, accomplishments, project budget and schedule status, and other relevant details. Photo & Video Documentation | Team members use smartphones and tablets to document project activities through photos, videos, and written records, stored on a project cloud server for access. Construction Observation and Inspection | Field Inspectors play a vital role in quality control on construction projects, ensuring contractor compliance is essential for accurate measurement and payment records. Our team consists of seasoned construction management personnel with extensive experience in various project types. Our inspectors offer cross-training in building and facility improvements, electrical and lighting enhancements, landscaping, sewage, storm conducted inspection services for storm drain and pipeline relocation, street improvements, roadway and concrete work. They are well-versed in Caltrans (WATCH). Inspectors ensure the presence of appropriate agencies (City, environmental, and local) as required and promptly notify the City of any directives, recommendations, or notices from other agencies. In work. 104 Southstar | DCCM | Response to City of La Quinta, RFP No. 2022-25 | November 18, 2024 12 Our public outreach support team has unrivaled experience in community outreach and public education and awareness programs. Led by Vanessa Barrientos (bilingual), our team will provide community outreach and public meeting support for the project. Our team will ensure that accurate information regarding this project reaches targeted businesses and the community in a timely, cost-effective manner. Communication platforms are always tailored to the needs of the community and businesses. Our goal is to minimize the inconvenience of the community and traveling public as they all play an important role in the success of all projects. Ms. Barrientos’s ability to diverse communities makes her an asset throughout the life of the contract. Purpose | The scale of a project may warrant the need for a Public Outreach Plan (Plan), which will be the road map for stakeholders to navigate through construction and support the project. It is intended to be a working document detailing new developments, tracking the progress, and ultimately serving as the primary resource to assist the agency in successfully keeping the public informed about the project through construction. Community Outreach Goals and Objectives | This public awareness plan will help share project/ concerns and expectations. The goal of community outreach is to build trust and secure public support. • Provide a regional-bilingual public awareness of the project and develop bilingual collateral material • Provide a consistent, two-way communications approach. • Ensure that the community understands the project • concerns by partnering with local agencies Work Plan Approach | While it would seem practical to duplicate other successful public outreach programs we have delivered for other clients, our team does not believe in the “cookie-cutter” approach. We understand each project has a unique community with varying needs, and require a public outreach program includes research, planning, strategic implementation, and thorough evaluation with measurable objectives; all with a personal, humanized approach. Research: Our team will research, as-needed, the project’s target audience because a strong communication is key to obtaining trust. Our communication plan will correspond to the character of the project area’s community. Collateral materials to stakeholders and ensure that methods of communication meet the needs of those individuals/ groups. Planning: Based on the research above, our team will develop a draft outreach plan with effective communication tools that will be utilized as the schedule progresses. The plan will be a living document that will adjust according to the schedule and needs. Implementation: Upon the approval of the public awareness campaign plan, our team will implement elements of the outreach plan as directed by the agency. The implementation process will be primarily in the beginning of the project as it continues to develop collateral material and disseminate according to the schedule. Evaluation: As the project moves forward, task elements of the outreach plan will be evaluated from different perspectives - the level of need and the value to the project. Our monthly logs and reports will assist the agency in making this decision. 105 Southstar | DCCM | Response to City of La Quinta, RFP No. 2022-25 | November 18, 2024 13 The following includes activities that typically take place during the post-construction phase of work. As-Built Drawings | The DCCM team maintains a red-lined set of “As-Built” plans in the construction drawings are reviewed at the end of construction to ensure accurate documentation of plan changes. Following the review, they are transmitted to the designer for electronic plan set updates, including the City’s signature, and archival storage. Final Inspection and Punch-list | DCCM ensures all relevant codes, permits, and standards. Final inspections are conducted, and punch-lists of incomplete work are issued. DCCM monitors punch- provides as-built plans. It also assists in coordinating, documentation for reimbursement. Final Walkthrough | inspections, monitors punch-list completion, and walkthrough is scheduled and conducted with the City, Caltrans, contractors, and design engineers. DCCM coordinates any required corrections resulting from the project acceptance is coordinated with the City and relevant agencies and utilities. Finalized Documents | All project items, including record drawings, contract bid items, claims, change Item Closeout | All open contract items are closed out and balanced, addressing item overruns and underruns. Contract Change Orders are created if necessary to adjust item prices. Proposed Final Estimate | Depending on project complexity, the DCCM Inspector can lead or assist in preparing the Proposed Final Estimate and obtain Contractor’s concurrence. This document is provided after resolving any open claims. Claims Report | The team focuses on problem- solving and documentation to avoid contractor claims. In case claims are unavoidable, DCCM can tap into expert resources to minimize impacts on project cost and schedule. The Resident Engineer prepares a Claims Report for outstanding and unresolved claims, following Caltrans Construction Manual guidelines. Project Report | A Final Project Report is created, cost (including management and administration), Contract Change Orders, Construction Claims, and their resolutions, along with photo and video documentation. Electronic Files | transmitted to the City in PDF format. Hardcopy project Final Acceptance | is corrected, and all contract conditions are met. A completed project is delivered to the City in package, and all relevant codes, permits, and standards. Resources Available to Our Employees: All of our laptops, cell phones, vehicles, safety equipment and general inspection tools. Software: Microsoft Word, Microsoft Excel, Microsoft PowerPoint, Microsoft Project, Access, Adobe Acrobat/Bluebeam, Bentley Microstation and ContextCapture 3D Modeling. Quality Control: Maintaining high-quality standards is essential for the successful delivery of any project. We have established rigorous quality control procedures, including regular inspections, audits, and corrective action plans, to ensure that all project deliverables meet the required standards. We will continue to enforce these practices to ensure the project’s success. Risk Management: Identifying and mitigating risks early is key to avoiding project delays and cost overruns. We have developed a proactive risk management approach, which includes a thorough risk assessment at the project’s onset and regular monitoring and mitigation strategies throughout the project lifecycle. 106 Southstar | DCCM | Response to City of La Quinta, RFP No. 2022-25 | November 18, 2024 14 FAA GPS Enabled Site Photography: model, a 2D orthophoto can be generated to scale, suitable for printing or use as a scaled background image in MicroStation. This advanced imaging technology enhances communication, mitigates risks, and minimizes potential schedule delays and cost overruns. Additionally, these images are valuable for public outreach, allowing the team to label ongoing construction tasks and post updates to the project website. The pilot has extensive experience with Bentley ContextCapture software, leveraging a robust server infrastructure. With decades of design expertise, thousands of hours in The following are additional in-house services that DCCM can offer should the City determine there is a need to help complete the project: Public Outreach Collateral Examples: Our in-house Public Outreach team can create and manage the collateral needed to successfully keep the 107 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 Five Hundred Thirty-Eight Thousand One Hundred Forty Dollars ($538,140) for the life of the Agreement encompassing the Initial and any Extended Terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made as time and materials, on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement. 108 Role Weeks* Total Project Hours Hourly Rate***Total Cost Hours Spent as of July 18, 2025 Remiaing Hours Starting July 21, 2025 Additional Hours Per Week (Straight Time) Additional Hours Per Week (Overtime Equivalent) Additional Hours Per Week (Double Time) No. of Weeks Additional Hours Additional Cost Assumptions Principal-In-Charge (as needed)20 80 285.00$ 22,800.00$ 63 17 Resident Engineer (50% Time Commitment)20 326 249.00$ 81,174.00$ 113.5 212.5 16 0 0 5 80 19,920.00$ two additional days per week for five weeks Office Engineer/Assistant Resident Engineer (50% Time Commitment)20 325 189.00$ 61,425.00$ 112 213 16 0 0 5 80 15,120.00$ two additional days per week for five weeks Construction Inspector (100% Time Commitment)**20 800 179.00$ 143,200.00$ 179 621 10 5 5 75 13,425.00$ four hours of premium time and 1 hour of double time for five weeks Construction Inspector (as needed)20 28 175.00$ 4,900.00$ 24 4 40 30 5 5 375 65,625.00$ One additional full time inspector for 13 hours per day. Four hours premium and one hour double time. Public Outreach Manager (as needed)20 195 169.00$ 32,955.00$ 144 51 20 0 0 5 100 16,900.00$ 50% additional time allocation for five weeks. Public Outreach Assistant/Project Relations Support 20 200 129.00$ 25,800.00$ 140 60 20 0 0 5 100 12,900.00$ 50% additional time allocation for five weeks. Labor Compliance (as needed)20 100.56805 169.00$ 16,996.00$ 10 90.56805 Total Requested 810 143,890.00$ Public Outreach Materials (postcards, printing, postage….)5,000.00$ 5,000.00$ Totals 394,250.00$ 785.5 1269.06805 Assumptions/Notes: **Assuming full-time level of Inspection effort. ***If any night work is needed, these rates are inclusive of day and night work fees.Total Project 394,250.00$ Construction Estimate: $7,000,000.00 Proposed Fee % of Construction Capital 5.63% Amendment No. 1 Calculations Total Project including Amendment No. 1 538,140.00$ Southstar |DCCM: Cost Proposal - City of La Quinta Highway 111 Rehabilitation Project No. 2022-25- Revised July 22, 2025 *Assuming 90 working days per the RFP is 18 weeks to complete project with assumed two additional weeks for pre and post construction activities for key 109 110 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH CLEARGOV, INC FOR BUDGETING AND TRANSPARENCY SOFTWARE FOR A ONE-YEAR TERM EXTENSION AND ADDITION OF PERSONNEL BUDGETING MODULE RECOMMENDATION Approve Amendment No. 1 to Agreement for Contracting Services with ClearGov Inc. for budgeting and transparency software for a one-year term extension and addition of personnel budgeting module; and authorize the City Manager to execute the Amendment. EXECUTIVE SUMMARY The City executed a three-year agreement with ClearGov Inc. (ClearGov) for revenue and expenditure budgeting, including for the Capital Improvement Program, as well as for the financial transparency software, which expires June 30, 2026. Amendment No. 1 (Attachment 1) proposes a one-year term extension of the current services, as well as to add a personnel budgeting module in order to automate and replace existing manual spreadsheet processes. FISCAL IMPACT If approved, Amendment No. 1 would increase the total compensation by $74,588, for a total not to exceed amount of $187,097 under the agreement as detailed in the table below. Funds are available in the Software Licenses Account No. 502-0000-60301 and will be budgeted according to the agreement for future fiscal years. Term Services Cost Initial Term FY 2023/24 Implementation ($12,000) waived FY 2023/24 Subscription- Budgeting and Financial Transparency $36,400 FY 2024/25 Subscription- Budgeting and Financial Transparency $37,492 FY 2025/26 Subscription- Budgeting and Financial Transparency $38,617 Grand Total: $112,509 Extended Term FY 2024/25 Implementation ($3,600) waived FY 2024/25 Training & Subscription (Pro-Rated) $ 4,747 FY 2025/26 Subscription- Personnel Budgeting $14,240 FY 2026/27 Subscription- Personnel Budgeting $14,667 FY 2026/27 Subscription- Budgeting and Financial Transparency $40,934 Grand Total: $187,097 CONSENT CALENDAR ITEM NO. 11 111 BACKGROUND/ANALYSIS To automate and enhance the City’s budget process, in 2023, staff researched and participated in demonstrations with various software companies, and selected ClearGov to prove a modern cloud-based budgeting and financial transparency software based on its capabilities, properties, and its ability to integrate with the City’s existing financial system for data transfer. The City executed an agreement with ClearGov, approved by Council in April 2024, for revenue and expenditure budgeting, including for the Capital Improvement Program, as well as for the financial transparency software; for a three-year term, expiring June 30, 2026, with an option to extend for two additional years. Amendment No. 1 proposes a one-year term extension of the current services, from July 1, 2026, through June 30, 2027, as well as adding a personnel budgeting module, for an additional compensation of 74,588, for a total not to exceed amount of $187,097 under the agreement. The addition of this module will automate the process of calculating, planning, forecasting, and budgeting of salaries and benefit costs, and increase efficiencies by eliminating the use of manual spreadsheets, and can be seamlessly integrated with the existing ClearGov budgeting software. ALTERNATIVES – Staff does not recommend other alternatives. Prepared by: Virginia Ortega, Finance Manager Approved by: Claudia Martinez, Finance Director Attachment: 1. Amendment No. 1 to Agreement for Contract Services with ClearGov, Inc. 112 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH CLEARGOV INC. This Amendment No. 1 (“Amendment No. 1”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 1st day of July, 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and ClearGov Inc. (“Contracting Party”). RECITALS WHEREAS, on or about July 1, 2023, the City and ClearGov Inc. entered into an Agreement to provide budgeting and transparency software for the City’s budget and strategic planning process, for a total not to exceed amount of $112,509. The term of the Agreement expires on June 30, 2026 (“Initial Term”); and WHEREAS, City and Contracting Party mutually agree to amend Section 1.1 Scope of Services to include the addition of the personnel budgeting module; and WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 Contract Sum by increasing compensation by $33,654 to add personnel budgeting module and $40,934 for the budgeting module and transparency software module term extension, for a total not to exceed amount of $187,097 under the Agreement; and WHEREAS, pursuant to Section 3.4 Term, the City and Contracting Party mutually agree to extend the term of the Agreement for one additional year from July 1, 2026, through June 30, 2027 (“Extended Term”). NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Section 1.1 Scope of Services is amended to read as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide budgeting and transparency software for the City’s budget and strategic planning process, as well as add the personnel budgeting module, 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 ATTACHMENT 1 113 standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstance. 2. 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 in accordance with Exhibit “B” (the “Schedule of Compensation”) for a total not to exceed amount of One Hundred Eighty-Seven Thousand Ninety-Seven Dollars ($187,097) (the “Contract Sum”), except as provided in Section 1.7. 3. Section 3.4 Term is amended to read as follows: 3.4 Term. Unless earlier terminated in accordance with provisions in Article 8.0 of this Agreement, the term of this Agreement shall commence on July 1, 2023, and terminate June 30, 2026 (“Initial Term”). This Agreement is being extended via Amendment No. 1 by mutual agreement of both parties for one additional year from July 1, 2026, to June 30, 2027 (“Extended Term”). In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA ClearGov, Inc. a California municipal corporation ____ _______________________ JON McMILLEN, City Manager Joe Eiskant, Market Development Executive 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 Exhibit A 114 Scope of Services Services to be Provided: Contracting Party shall provide Budgeting and transparency software for the City’s budget and strategic planning process to include the following modules: Operational Budgeting Capital Budgeting Digital Budget Book ClearPlans Transparency Personnel Budgeting Exhibit B 115 Schedule of Compensation With the exception of compensation for Additional Services provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Consultant under this Agreement is One Hundred Eighty-Seven Thousand Ninety-Seven Dollars ($187,097) (the “Contract Sum”), except as provided in Section 1.7. Term Services Cost Initial Term FY 2023/24 Implementation ($12,000) waived FY 2023/24 Subscription- Budgeting and Financial Transparency $36,400 FY 2024/25 Subscription- Budgeting and Financial Transparency $37,492 FY 2025/26 Subscription- Budgeting and Financial Transparency $38,617 Grand Total: $112,509 Extended Term FY 2024/25 Implementation ($3,600) waived FY 2024/25 Training & Subscription (Pro-Rated) $ 4,747 FY 2025/26 Subscription- Personnel Budgeting $14,240 FY 2026/27 Subscription- Personnel Budgeting $14,667 FY 2026/27 Subscription- Budgeting and Financial Transparency $40,934 Grand Total: $187,097 116 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH GOVINVEST INC FOR ACTUARIAL CONSULTING AND TECHNOLOGY SERVICES FOR A TWO-YEAR TERM EXTENSION RECOMMENDATION Approve Amendment No. 3 to Agreement for Contract Services with GovInvest Inc. for actuarial consulting and technology services for a two-year term extension; and authorize the City Manager to execute the Amendment. EXECUTIVE SUMMARY •The City currently utilizes GovInvest Inc. for actuarial consulting and technology services that includes required annual pension and healthcare actuarial services in order to comply with Governmental Accounting Standards Board (GASB) Statements 68 and 75, which establish standards for the measurement, display, and recognition of Pension and Other Post-Employment Benefits (OPEB) expenses and liabilities. In addition, the City uses the labor costing and financial forecasting modules to support planning, forecasting, and budgeting activities. •In November 2020, Council awarded the actuarial consulting and technology services contract to GovInvest Inc, which expires December 31, 2025. •On July 19, 2022, Council approved Amendment No. 1 which included the addition of modules for labor costing and financial forecasting for the initial term. •On March 5, 2024, Council approved Amendment No. 2 which included the labor costing and financial forecasting extension for two additional years through December 31, 2025. •Amendment No. 3 (Attachment 1) proposes a two-year extension through December 31, 2027. FISCAL IMPACT If approved, the cost for the two-year extension will be $100,000, for a total contract amount of $265,500 as summarized below: CONSENT CALENDAR ITEM NO. 12 117 Initial Term Services Cost FY 2020/21 Pension/OPEB & Reporting $22,000 FY 2021/22 Pension/OPEB & Reporting $20,000 FY 2022/23 Pension/OPEB & Reporting $22,000 FY 2023/24 Pension/OPEB & Reporting $20,000 FY 2024/25 Pension/OPEB & Reporting $22,000 Grand Total: $106,000 Amendment No. 1 FY 2022/23 Labor Costing & Financial Forecasting $17,000 Amendment No. 2 FY 2023/24 Labor Costing & Financial Forecasting $17,000 FY 2024/25 Labor Costing & Financial Forecasting $25,500 Amendment No. 3 FY 2025/26 Pension/OPEB & Reporting and Labor Costing & Financial Forecasting $50,000 FY 2026/27 Pension/OPEB & Reporting and Labor Costing & Financial Forecasting $50,000 Grand Total: $265,500 Pension/OPEB and financial forecasting and labor costing software fees will be paid from the Information Technology Fund (Account No. 502-0000-60301, Software Licenses) and annual GASB reports from the Finance Department’s budget (Account No. 101-1006- 60104), Consultants. BACKGROUND/ANALYSIS In November 2020, Council awarded the actuarial consulting and technology services contract to GovInvest Inc, for an initial five-year term expiring December 31, 2025, with an option to extend for two additional years. On July 19, 2022, Council approved Amendment No. 1 adding modules for labor costing and financial forecasting for fiscal year 2022/23, which included the implementation phase and six months of complimentary service from July – December 2022. On March 5, 2024, Council approved Amendment No. 2 extending the modules for labor costing and financial forecasting services through fiscal years 2023/24 and 2024/25. Amendment 3 proposes a two-year term extension through December 31, 2027, at $50,000 per fiscal year, for a total not to exceed amount of $100,000, bringing the total contract amount to $265,500. ALTERNATIVES – Staff does not recommend other alternatives. Prepared by: Claudia Martinez, Finance Director Approved by: Jon McMillen, City Manager Attachment: 1. Amendment No. 3 to Agreement for Contract Services with GovInvest, Inc. 118 AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES WITH GOVINVEST INC. This Amendment No. 3 (“Amendment No. 3”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 1st day of July 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and GovInvest Inc. (“Contracting Party”). RECITALS WHEREAS, on or about December 1, 2020, the City and GovInvest Inc. entered into an Agreement to provide services related to actuarial consulting and technology services, for a total not to exceed amount of $106,000. The term of the Agreement expires on December 31, 2025 (“Initial Term”); and WHEREAS, Amendment 1, executed on or about June 29, 2022, amended Section 1.1 – Scope of Services and Section 2.1 – Contract Sum of the Agreement to respectively include the addition of the labor costing module and financial forecasting module for fiscal year 2022-23, and increased compensation by $17,000, for a total not to exceed amount of $123,000; and WHEREAS, Amendment 2, executed on or about January 1, 2024, amended Section 1.1 – Scope of Services and Section 2.1 – Contract Sum of the Agreement to respectively include extend the additional labor costing module and financial forecasting module services for fiscal years 2023-24 and 2024-25, and increased compensation by $42,500, for a total not to exceed amount of $165,500; and WHEREAS, pursuant to Section 3.4 – Term, the City and Contracting Party mutually agree to extend the term of the Agreement for two additional years, from January 1, 2026, through December 31, 2027; and WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 – Contract Sum to increase compensation by $100,000 for the two-year extension of services, for a total not to exceed aggregate amount of $265,500. NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows: AMENDMENT In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 119 ATTACHMENT 1 1. 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 in accordance with Exhibit “B” (the “Schedule of Compensation”) for a total not to exceed combined amount of Two Hundred Sixty-Five Thousand and Five Hundred Dollars ($265,500) for the life of the agreement, including the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. 2. Section 3.4 Term is amended to read as follows: 3.4 Term. Unless earlier terminated in accordance with the provisions of Article 8.0 of this Agreement, the term of this agreement shall commence on January 1, 2021, and terminate on December 31, 2025 (“Initial Term”). Amendment No. 1 to this Agreement extends the term from January 1, 2026, through December 31, 2027. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 3 to the Agreement on the respective dates set forth below. CITY OF LA QUINTA GovInvest, Inc. a California municipal corporation ____ _______________________ JON McMILLEN, City Manager MAX STOFF, Director of Customer Success City of La Quinta, California Dated: ___________________ Dated: ______________ ATTEST: Dated: ______________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 120 Exhibit A Scope of Services Annual Fee Includes: Unlimited Logins: Credentials to access induvial cloud-based portals. Portal Setup: Development of dedicated cloud-based portals. Features & Reports: All features and reporting functions available within the cloud-based portal. Setup, Support & Training: Dedicated support staff to assist in initial setup and unlimited ongoing training of the product and features. Refer to Implementation Steps below under User Training Support Resources: Access to labor costing experts, training tools, webinars and conferences hosted by Company. Expert Sessions: Scheduled training hosted by in-house finance, negotiations & budget experts, as well as peer government users with extensive experience using the product. Internal Presentation Support: In-house finance, negotiations and budget experts to support in developing and reviewing presentations based on product usage. Dedicated Customer Success Manager: Specialist assigned to Client to facilitate communication with all available resources. Implementation Steps Introductory 1-on-1 meeting between Customer’s project sponsor and GovInvest onboarding lead Optional kick-off meeting with GovInvest onboarding lead and all customer stakeholders and others that will be involved in the onboarding process User training: Digital one-on-one or group sessions focused on setting up projects and using software to support Customer’s objectives. Project configuration: support the customer in building a cost project for their first bargaining group Census building: Support the customer building their census file through development of costing elements built into software and within the validation process. Validation: assist the customer in validating their results Support: answer customer questions as they come up about modelling or validation Onboarding and implementation of the services included in this agreement, including data integration, data validation, training, and launch shall be completed by Customer with GovInvest onboarding team support. Implementation moves at pace of customer and their ability to compile appropriate data, understand MOU’s and GovInvest will support in software build out and representation of data. Implementation Fee Includes Annual Fee Includes Initial Logins Additional Logins Initial Portal Setup Ongoing Maintenance Current Features & Reports Future Features & Reports Initial Setup & Training Future Support & Training Current Support Resources Future Support Services Expert Training Session Annual Expert Sessions Internal Presentation Review (By Appointment) Ongoing Presentation Support (By Appointment) Dedicated Customer Success Manager Dedicated Customer Success Manager Cloud Based Downloads Total Cost (Annual) Employee Results Total Cost (Cumulative) Employees by Funding Source Payroll (Annual) Cost by Funding Source Difference from the Baseline (Annual) Accounts by Cost Difference from Baseline (Cumulative) Accounts by Cost Accounting ID Cost Breakdown (Cumulative) Accounts by Employee Accounting ID Cost Detail (Annual) Accounts by Funding Source Cost Category Breakdown (Cumulative) Employees by Account 121 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 Two Hundred Sixty-Five Thousand and Five Hundred Dollars ($265,500) (the “Contract Sum”) as detailed in the table below: Initial Term Services Cost FY 2020/21 Pension/OPEB & Reporting $22,000 FY 2021/22 Pension/OPEB & Reporting $20,000 FY 2022/23 Pension/OPEB & Reporting $22,000 FY 2023/24 Pension/OPEB & Reporting $20,000 FY 2024/25 Pension/OPEB & Reporting $22,000 Grand Total: $106,000 Amendment No. 1 FY 2022/23 Labor Costing & Financial Forecasting $17,000 Amendment No. 2 FY 2023/24 Labor Costing & Financial Forecasting $17,000 FY 2024/25 Labor Costing & Financial Forecasting $25,500 Amendment No. 3 FY 2025/26 Pension/OPEB & Reporting and Labor Costing & Financial Forecasting $50,000 FY 2026/27 Pension/OPEB & Reporting and Labor Costing & Financial Forecasting $50,000 Grand Total: $265,500 122 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MAY 31, 2025 RECOMMENDATION Receive and file revenue and expenditure report dated May 31, 2025. EXECUTIVE SUMMARY •The report summarizes the City’s year-to-date (YTD) and month-to-date (MTD) revenues and expenditures for May 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. 13 123 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 May 31, 2025 MTD YTD Budget YTD Budget General Fund (GF)$10,371,753 $72,638,676 82.17% $62,613,569 75.55% All Funds $11,843,802 $114,651,839 51.73% $117,842,793 58.14% MTD YTD YTD Percent of Budget YTD YTD Percent of Budget General Fund $7,887,112 $56,792,801 51.44% $48,646,548 47.75% Payroll (GF)$4,927,879 $14,516,073 102.73% $10,417,546 77.80% All Funds $11,594,082 $115,038,315 47.15% $108,377,666 46.26% *Payroll for 2025 includes the $4.0 million pension liability payment sent to CalPERS May 2025 Revenues Comparison to 2024 May 2025 Expenditures Comparison to 2024 General Fund Non-General Fund Transient Occupancy (Hotel) Tax 3,017,100$ Lighting and Landscape District Assessments 430,846$ Property Tax 2,898,635$ County Sales Tax (Measure A)190,711$ Measure G Sales Tax 1,595,277$ SilverRock Green Fees 174,814$ Sales Tax 1,338,934$ Allocated Interest 171,539$ FEMA (1)256,351$ Gas Tax 132,423$ General Fund Non-General Fund Contribution to PERS for Pension Liability 4,000,000$ Capital Improvement Program (CIP) - Construction(2)1,385,572$ Sheriff Contract (March)1,509,930$ SilverRock Maintenance(3)727,223$ Parks Landscape Maintenance Contract 186,964$ CIP - Design(4)381,513$ Contract Legal Services 102,558$ Lighting & Landscape Maintenance Contract 260,250$ Marketing and Tourism Promotions 94,052$ CIP- Professional Services(5)98,353$ (4)CIP Design: Citywide drainage, irrigation master plan, Fritz Burns Park, Cultural Campus, PW Yard, and Avenue 50 bridge. (1)FEMA: This is reimbursement money for repairs/cleanup related to post-tropical storm Hilary in August 2023 (3)CIP Professional Services: Consulting expenses associated with multiple ongoing capital improvement projects. (3)SilverRock Maintenance: Includes turf replacement project Top Five Revenue/Income Sources for May Top Five Expenditures/Outlays for May (2)CIP Construction: Dune Palms bridge and Fritz Burns Park improvements 124 Page 1 of 3 City Council Month Expense & Revenue Report Group Summary For Fiscal: 2024/25 Period Ending: 05/31/2025 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityFun… Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 72,638,675.5210,371,753.0682,714,300.00 88,402,804.00 -15,764,128.48 82.17% 105 - DISASTER RECOVERY FUND 79,148.980.0030,000.00 30,000.00 49,148.98 263.83% 201 - GAS TAX FUND 2,181,734.41132,423.162,589,000.00 2,589,000.00 -407,265.59 84.27% 202 - LIBRARY & MUSEUM FUND 1,986,393.07304.503,143,000.00 3,143,000.00 -1,156,606.93 63.20% 203 - PUBLIC SAFETY FUND (MEASURE G)1,449.750.005,000.00 5,000.00 -3,550.25 29.00% 210 - FEDERAL ASSISTANCE FUND 17.160.00190,000.00 168,933.00 -168,915.84 0.01% 212 - SLESA (COPS) FUND 198,949.4141,666.67103,000.00 103,000.00 95,949.41 193.15% 215 - LIGHTING & LANDSCAPING FUND 3,504,771.60430,846.384,000,500.00 4,000,500.00 -495,728.40 87.61% 221 - AB 939 - CALRECYCLE FUND 67,717.6117,897.7180,000.00 80,000.00 -12,282.39 84.65% 223 - MEASURE A FUND 1,450,745.96190,711.462,025,000.00 2,025,000.00 -574,254.04 71.64% 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)0.000.0013,000.00 13,000.00 -13,000.00 0.00% 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)0.000.005,500.00 5,500.00 -5,500.00 0.00% 230 - CASp FUND, AB 1379 16,298.051,430.0021,000.00 21,000.00 -4,701.95 77.61% 231 - SUCCESSOR AGCY PA 1 RORF 5,177,704.5172.1220,260,000.00 20,260,000.00 -15,082,295.49 25.56% 235 - SO COAST AIR QUALITY FUND 26,211.280.0054,500.00 54,500.00 -28,288.72 48.09% 237 - SUCCESSOR AGCY PA 1 ADMIN 1,483.750.0013,820.00 13,820.00 -12,336.25 10.74% 241 - HOUSING AUTHORITY 1,182,035.6183,928.531,452,000.00 1,452,000.00 -269,964.39 81.41% 243 - RDA LOW-MOD HOUSING FUND 31,085.010.0060,000.00 60,000.00 -28,914.99 51.81% 247 - ECONOMIC DEVELOPMENT FUND 48,584.6212,150.0040,000.00 40,000.00 8,584.62 121.46% 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)79,607.360.0018,000.00 18,000.00 61,607.36 442.26% 250 - TRANSPORTATION DIF FUND 438,971.974,009.00540,000.00 540,000.00 -101,028.03 81.29% 251 - PARKS & REC DIF FUND 119,801.802,106.00253,000.00 253,000.00 -133,198.20 47.35% 252 - CIVIC CENTER DIF FUND 89,676.961,230.00103,000.00 103,000.00 -13,323.04 87.07% 253 - LIBRARY DEVELOPMENT DIF 20,247.00397.0050,000.00 50,000.00 -29,753.00 40.49% 254 - COMMUNITY & CULTURAL CENTERS DIF 57,279.52956.00105,000.00 105,000.00 -47,720.48 54.55% 257 - FIRE PROTECTION DIF 27,371.70369.0053,000.00 53,000.00 -25,628.30 51.64% 259 - MAINTENANCE FACILITIES DIF FUND 29,827.48313.0047,000.00 47,000.00 -17,172.52 63.46% 270 - ART IN PUBLIC PLACES FUND 150,079.2518,879.18158,000.00 158,000.00 -7,920.75 94.99% 299 - INTEREST ALLOCATION FUND 5,006,605.11171,539.370.00 0.00 5,006,605.11 0.00% 310 - LQ FINANCE AUTHORITY DEBT SERVICE -1.100.001,500.00 1,500.00 -1,501.10 0.07% 401 - CAPITAL IMPROVEMENT PROGRAMS 9,497,040.7458,138.1427,218,109.00 82,681,975.06 -73,184,934.32 11.49% 501 - FACILITY & FLEET REPLACEMENT 1,162,291.010.001,705,000.00 1,600,000.00 -437,708.99 72.64% 502 - INFORMATION TECHNOLOGY 2,409,865.8012,804.362,276,708.00 3,200,000.00 -790,134.20 75.31% 503 - PARK EQUIP & FACILITY FUND 767,271.220.00500,000.00 2,100,000.00 -1,332,728.78 36.54% 504 - INSURANCE FUND 1,023,025.150.001,363,230.00 1,371,842.00 -348,816.85 74.57% 601 - SILVERROCK RESORT 4,677,380.58205,784.235,484,500.00 6,634,500.00 -1,957,119.42 70.50% 760 - SUPPLEMENTAL PENSION PLAN 5,451.510.007,000.00 7,000.00 -1,548.49 77.88% 761 - CERBT OPEB TRUST 100,199.890.0040,000.00 40,000.00 60,199.89 250.50% 762 - PARS PENSION TRUST 396,839.3884,092.69200,000.00 200,000.00 196,839.38 198.42% Report Total:11,843,801.56 114,651,838.63156,922,667.00 221,630,874.06 -106,979,035.43 51.73% 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. 125 Page 2 of 3 City Council Month Expense & Revenue Report Group Summary For Fiscal: 2024/25 Period Ending: 05/31/2025 Fiscal Activity Variance Favorable (Unfavorable) Period ActivityFun… Current Total Budget Original Total Budget Percent Used 101 - GENERAL FUND 56,792,801.157,887,111.8783,331,665.00 108,295,599.50 51,502,798.35 52.44% 105 - DISASTER RECOVERY FUND 4,993,504.000.000.00 4,993,504.00 0.00 100.00% 201 - GAS TAX FUND 2,180,639.7078,731.723,443,100.00 5,777,102.40 3,596,462.70 37.75% 202 - LIBRARY & MUSEUM FUND 1,494,991.8929,060.862,555,615.00 5,002,841.92 3,507,850.03 29.88% 203 - PUBLIC SAFETY FUND (MEASURE G)0.000.000.00 20,375.54 20,375.54 0.00% 210 - FEDERAL ASSISTANCE FUND 13,915.000.00198,500.00 177,433.00 163,518.00 7.84% 212 - SLESA (COPS) FUND 93,344.250.00100,000.00 100,000.00 6,655.75 93.34% 215 - LIGHTING & LANDSCAPING FUND 3,496,034.27471,636.793,957,700.00 4,538,300.00 1,042,265.73 77.03% 220 - QUIMBY FUND 0.000.000.00 262,685.00 262,685.00 0.00% 221 - AB 939 - CALRECYCLE FUND 87,477.5914,326.44200,000.00 200,000.00 112,522.41 43.74% 223 - MEASURE A FUND 215,620.980.002,335,000.00 4,456,986.26 4,241,365.28 4.84% 226 - EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG)11,373.330.0012,000.00 12,000.00 626.67 94.78% 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)4,204.200.005,000.00 5,000.00 795.80 84.08% 230 - CASp FUND, AB 1379 1,312.00489.605,500.00 5,500.00 4,188.00 23.85% 231 - SUCCESSOR AGCY PA 1 RORF 16,681,324.790.004,452,755.00 4,452,755.00 -12,228,569.79 374.63% 235 - SO COAST AIR QUALITY FUND 13,987.880.0040,000.00 40,000.00 26,012.12 34.97% 237 - SUCCESSOR AGCY PA 1 ADMIN 5,655.000.0010,000.00 10,000.00 4,345.00 56.55% 241 - HOUSING AUTHORITY 1,352,770.7796,053.581,715,440.00 1,961,615.00 608,844.23 68.96% 243 - RDA LOW-MOD HOUSING FUND 300,800.000.00250,000.00 350,000.00 49,200.00 85.94% 247 - ECONOMIC DEVELOPMENT FUND 5,170.740.0031,500.00 31,500.00 26,329.26 16.42% 249 - SA 2011 LOW/MOD BOND FUND (Refinanced in 2016)746,407.310.00250,000.00 657,003.00 -89,404.31 113.61% 250 - TRANSPORTATION DIF FUND 405,499.790.001,579,109.00 2,837,567.34 2,432,067.55 14.29% 251 - PARKS & REC DIF FUND 62,573.440.000.00 843,615.24 781,041.80 7.42% 252 - CIVIC CENTER DIF FUND 0.000.000.00 249,925.00 249,925.00 0.00% 253 - LIBRARY DEVELOPMENT DIF 11,910.000.0015,000.00 15,000.00 3,090.00 79.40% 254 - COMMUNITY & CULTURAL CENTERS DIF 0.000.00500,000.00 625,000.00 625,000.00 0.00% 259 - MAINTENANCE FACILITIES DIF FUND 0.000.00100,000.00 280,000.00 280,000.00 0.00% 270 - ART IN PUBLIC PLACES FUND 172,748.583,074.00233,000.00 741,798.97 569,050.39 23.29% 310 - LQ FINANCE AUTHORITY DEBT SERVICE 0.000.001,500.00 1,500.00 1,500.00 0.00% 401 - CAPITAL IMPROVEMENT PROGRAMS 15,335,753.521,877,437.1327,218,109.00 80,705,498.86 65,369,745.34 19.00% 501 - FACILITY & FLEET REPLACEMENT 1,492,689.6336,313.161,628,750.00 2,665,833.55 1,173,143.92 55.99% 502 - INFORMATION TECHNOLOGY 1,914,586.64156,390.483,217,945.00 3,367,945.00 1,453,358.36 56.85% 503 - PARK EQUIP & FACILITY FUND 700,498.672,424.752,000,000.00 2,700,000.00 1,999,501.33 25.94% 504 - INSURANCE FUND 1,047,073.99572.171,058,000.00 1,058,000.00 10,926.01 98.97% 601 - SILVERROCK RESORT 5,358,458.23937,603.705,365,000.00 6,515,000.00 1,156,541.77 82.25% 760 - SUPPLEMENTAL PENSION PLAN 12,832.860.0012,850.00 12,850.00 17.14 99.87% 761 - CERBT OPEB TRUST 1,184.340.001,500.00 1,500.00 315.66 78.96% 762 - PARS PENSION TRUST 31,170.142,855.8130,000.00 30,000.00 -1,170.14 103.90% Report Total:11,594,082.06 115,038,314.68145,854,538.00 244,001,234.58 128,962,919.90 47.15% 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. 126 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 3 127 128 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS DATED JULY 11 AND 18, 2025 RECOMMENDATION Approve demand registers dated July 11 and 18, 2025. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 6,296,606.28$ Successor Agency of RDA -$ Housing Authority 457,537.97$ 6,754,144.25$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for July 11 and 18, 2025. There was no check run the week of July 4, 2025, due to the holiday. Warrants Issued: 217258-217359 2,399,613.47$ 241-260 EFT 93,945.67$ 217361-217424 2,008,135.26$ 261-265 EFT 2,116.12$ Wire Transfers 1,583,302.15$ Payroll Tax Transfers 125,274.34$ Payroll Direct Deposit 541,757.24$ 6,754,144.25$ *Check number 217360, payable to Southern California Gas Company, will be reported on a future Demand Register Report CONSENT CALENDAR ITEM NO. 14 129 Vendor Account Name Amount Purpose Riverside County Sheriff Department(1)Various $1,306,034.28 Police Services California Joint Powers Insurance Liability Insurance & Workers Comp Premium $772,666.00 Liability & Workers Compensation Insurance Premiums Visual Edge IT, Inc.(1)Consultants & Computers $301,363.24 IT Services & Equipment Tyler Technologies Software Licenses $155,460.96 Permitting & Licensing Software Coachella Valley Association of Governments(1) Various $140,917.29 Homeless Prevention Program Funding and Arts & Music Line Share Payments (1)Payments were made 07/11/25 & 07/18/25. Wire Transfers: Twenty-one transfers totaled $1,583,302. Of this amount, $602,286 was to SilverRock Phase 1 LLC for Debtor-in-Possession financing, and $599,877 was to Landmark. (See Attachment 2 for a complete listing). Purchase Orders/Contracts: As a normal course of operations, any purchase order (PO) over $50,000 must go to City Council for individual consideration. Additional POs under this threshold are reported quarterly for review. See attached list (Attachment 3) for POs with a value of $25,000 to $50,000 that were issued from April 1 to June 30. Investment Transactions: Full details of investment transactions, as well as total holdings, are reported quarterly in the Treasurer’s Report. Prepared by: Jesse Batres, Finance Technician Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers 2.Wire Transfers 3. Purchase Orders Transaction Issuer Type Par Value Settle Date Coupon Rate YTM Maturity California Credit Union CD 244,000$ 6/30/2025 5.100% 5.100% Maturity Federal Home Loan Banks Agency 300,000$ 6/30/2025 0.680% 0.680% Purchase United States Treasury Treasury Note 1,000,000$ 7/8/2025 4.000% 3.960% Maturity Farmers & Merchants Bank CD 249,000$ 7/14/2025 0.900% 0.900% 130 7/25/2025 6:41:20 PM Page 1 of 9 Demand Register Packet: APPKT04229 - 07/11/2025 DR AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 119.61Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB J.…241AGUIRRE, JOHNNY 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB J.B…242BATRES, JESSE 101-1004-50252 179.53Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB A.…243BERUMEN, ALFRED 101-1004-50252 184.88Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB J.C…244CISNEROS, JOSE 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB H.…245CONTRERAS, HAROLD 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB E.…246GAMEZ VASQUEZ, ELMER 101-1004-50252 162.36Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB N.…247LYNCH, NATHAN 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB T.…248MARTINEZ, TANIA 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB J.…249MCMILLEN, JON 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB E.…250MOLINA, ELIZABETH 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB J.N…251NELSON, JENNIFER 101-1004-50252 194.65Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB L.R…252REGALADO ARAUJO, LUIS 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB L.R…253REYES, LUCAS 101-1004-50252 6,965.00Developer Deposits1031537 - REIMBURSEMENT MATTERS254RUTAN & TUCKER 101-0000-22810 13,200.00Attorney1031534 - RETAINER254RUTAN & TUCKER 101-1003-60153 1,431.00Attorney1031532 - CODE ENFORCEMENT254RUTAN & TUCKER 101-1003-60153 1,290.00Attorney1031536 - WASHINGTON PLAZA PATH O…254RUTAN & TUCKER 101-1003-60153 1,230.00Attorney1031538 - POWER TO THE PEOPLE254RUTAN & TUCKER 101-1003-60153 30.00Attorney1031530- PERSONNEL GENERAL254RUTAN & TUCKER 101-1003-60153 22,959.82Attorney1031535 - RESPONSES FOR PUBLIC REC…254RUTAN & TUCKER 101-1003-60153 84.00Attorney1031528 - GENERAL IP254RUTAN & TUCKER 101-1003-60153 990.00Attorney1031539 - SURPLUS LAND DISPOSITIONS254RUTAN & TUCKER 101-1003-60153 4,746.81Attorney1031529 - GENERAL254RUTAN & TUCKER 101-1003-60153 1,413.00Attorney/Litigation1031531 - LITIGATION254RUTAN & TUCKER 101-1003-60154 195.75Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB T.…255SUDAKOFF, TOBY A.101-1004-50252 190.30Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB S.…256TORRES-ZAZUETA, SERGIO 101-1004-50252 59.79Office SuppliesOFFICE SUPPLIES REIMB C.TRIPLETT257TRIPLETT, ALCADIA 101-1004-60400 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB L.…258URIAS, LUIS RAUL 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB P.…260YU, PUI TING 101-1004-50252 99.00Special Enforcement FundsDJI AVATA 2 CARE217258ADVEXURE LLC 101-2001-60175 690.00Special Enforcement FundsDJI MATRICE 4 BATTERY217258ADVEXURE LLC 101-2001-60175 169.00Special Enforcement FundsDJI AVATA 2 LIGHT KIT217258ADVEXURE LLC 101-2001-60175 219.00Special Enforcement FundsDJI AVATA 2 REMOTE CONTROLLER217258ADVEXURE LLC 101-2001-60175 7,849.00Special Enforcement FundsDJI MATRICE 4 THERMAL217258ADVEXURE LLC 101-2001-60175 430.00Special Enforcement FundsDJI MATRICE 4 SPOTLIGHT217258ADVEXURE LLC 101-2001-60175 -559.70Special Enforcement FundsSOURCEWELL CONTRACT 011223-ADX D…217258ADVEXURE LLC 101-2001-60175 816.88Special Enforcement FundsDJI MATRICE 4 AND AVATA 2 TAXES217258ADVEXURE LLC 101-2001-60175 290.00Special Enforcement FundsDJI MATRICE 4 SPEAKER217258ADVEXURE LLC 101-2001-60175 249.00Special Enforcement FundsDJI AVATA 2 HARDCASE217258ADVEXURE LLC 101-2001-60175 1,199.00Special Enforcement Funds2ND DRONE DJI AVATA 2 FLY217258ADVEXURE LLC 101-2001-60175 80.20Operating SuppliesPARTS217259AIR & HOSE SOURCE, INC.101-7003-60420 881.51Citywide SuppliesCOFFEE SUPPLIES FOR LOBBY MACHINE217260ALL PRO BEVERAGE INC 101-1007-60403 150.00Membership DuesFY 25/26 APA MEMBERSHIP C.FLORES217262AMERICAN PLANNING ASSOC…101-6002-60351 374.00Mobile/Cell Phones/Satellites06/2025 - PUBLIC SAFETY RADIO RENTA…217264ANDERSON COMMUNICATI…101-2002-61304 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB U.…217266AYON, UBALDO 101-1004-50252 5,000.00Grants & Economic Develop…FY 24/25 COMMUNITY SERVICE GRANT217267BIG BROTHERS BIG SISTERS 101-3001-60510 200.85Mobile/Cell Phones/Satellites05/23-06/22/25 - EOC SATELLITE PHON…217268BLUECOSMO 101-2002-61304 231.75Mobile/Cell Phones/Satellites06/23-07/22/25 - EOC SATELLITE PHON…217268BLUECOSMO 101-2002-61304 259.00Citywide Supplies05/13-06/12/25 - CITYWIDE DRINKING …217269BLUETRITON BRANDS INC 101-1007-60403 33,800.31Plan Checks04/2025 - ONCALL BUILDING PLAN REVI…217271BUREAU VERITAS NORTH A…101-6003-60118 4,500.00Plan Checks05/1-05/09/25 - ONCALL BUILDING PLA…217271BUREAU VERITAS NORTH A…101-6003-60118 864.00Contingency for Operations07/2025 - CONSTRUCTION BARRICADES217272CALIFORNIA BARRICADE, INC.101-1002-60510 125.00Membership DuesFY 25/26 - CMTA MEMBERSHIP R.HALLI…217274CALIFORNIA MUNICIPAL TRE…101-1006-60351 ATTACHMENT 1 131 Demand Register Packet: APPKT04229 - 07/11/2025 DR 7/25/2025 6:41:20 PM Page 2 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 145.00Membership Dues09/01/25-08/31/26 - CPRS MEMBERSHI…217275CALIFORNIA PARK & RECREA…101-3005-60351 101.71Cable/Internet - Utilities06/16-07/15/25 - FS #32 CABLE (3201)217277CHARTER COMMUNICATIONS…101-2002-61400 99.99Cable/Internet - Utilities06/29-07/28/25 - FS #32 INTERNET (350…217277CHARTER COMMUNICATIONS…101-2002-61400 120.02Cable/Internet - Utilities06/24-07/23/25 - FS #93 CABLE (4001)217277CHARTER COMMUNICATIONS…101-2002-61400 5,000.00Grants & Economic Develop…FY 24/25 COMMUNITY SERVICES GRANT217279CHILDREN'S DISCOVERY MUS…101-3001-60510 19,200.00Professional Services2025 MASTER FEE SCHEDULE COMPREH…217281CLEARSOURCE FINANCIAL C…101-1005-60103 10,324.67Contributions to Other Agenc…03/2025 - ARTS AND MUSIC LINE SHARE…217282COACHELLA VALLEY ASSOC O…101-7006-60480 29.25Contributions to Other Agenc…04/2025 - ARTS AND MUSIC LINE SHARE…217282COACHELLA VALLEY ASSOC O…101-7006-60480 5,563.37Contributions to Other Agenc…04/2025 - ARTS AND MUSIC LINE SHARE…217282COACHELLA VALLEY ASSOC O…101-7006-60480 1,012.48Water -Pioneer Park - UtilitiesWATER SERVICE217284COACHELLA VALLEY WATER D…101-3005-61207 117.53Water - UtilitiesWATER SERVICE217284COACHELLA VALLEY WATER D…101-2002-61200 196.19Water -Eisenhower Park - Util…WATER SERVICE217284COACHELLA VALLEY WATER D…101-3005-61203 3,012.86Water -Fritz Burns Park - Utili…WATER SERVICE217284COACHELLA VALLEY WATER D…101-3005-61204 141.67Water -Velasco Park - UtilitiesWATER SERVICE217284COACHELLA VALLEY WATER D…101-3005-61205 856.40Water - UtilitiesWATER SERVICE217284COACHELLA VALLEY WATER D…101-3008-61200 2,123.17Public Safety Camera System…06/2025 - CITYWIDE CAMERA SYSTEM …217286CONVERGINT TECHNOLOGIES…101-2001-60692 944.21Membership Dues06/2025 - RETAIL DEVELOPMENT INFO…217287COSTAR REALTY INFORMATI…101-1002-60351 10,386.31Membership Dues07/01/25-05/31/26 RETAIL DEVELOPM…217287COSTAR REALTY INFORMATI…101-1002-60351 9,616.01Membership DuesFY 25/26 LAFCO FEES217288COUNTY OF RIVERSIDE 101-1002-60351 11,250.00Fire Service Costs04/01-06/30/25 EMERGENCY SVCS COO…217289COUNTY OF RIVERSIDE 101-2002-60139 170.00Annual Permits/Inspections08/01/25-07/31/26 - LQ PARK SNACK B…217290COUNTY OF RIVERSIDE 101-3008-60196 253.98Operating Supplies06/2025 - RADIO MAINTENANCE217291COUNTY OF RIVERSIDE PUBL…101-2001-60420 8,742.00Tools/EquipmentLINE PAINT SPRAYER- GRACO 3900 LINE …217292CRAFCO, INC 101-7003-60432 500.00Tools/EquipmentLINE PAINT SPRAYER- GRACO 3900 LINE …217292CRAFCO, INC 101-7003-60432 764.93Tools/EquipmentLINE PAINT SPRAYER- GRACO 3900 LINE …217292CRAFCO, INC 101-7003-60432 31,914.36Animal Shelter Contract Servi…05/2025 - ANIMAL SERVICES217295DEPARTMENT OF ANIMAL SE…101-6004-60197 70.00Blood/Alcohol Testing05/2025 - BLOOD ALCOHOL ANALYSIS217296DEPARTMENT OF JUSTICE 101-2001-60174 35.00Blood/Alcohol Testing07/2024 - BLOOD ALCOHOL ANALYSIS217296DEPARTMENT OF JUSTICE 101-2001-60174 5,860.00Maintenance/ServicesCIVIC CENTER CAMPUS PAVERS INSTALL…217297DESERT CONCEPTS CONSTR…101-3005-60691 2,160.00Maintenance/Services6/24-6/26/25 CIVIC CENTER CAMPUS T…217297DESERT CONCEPTS CONSTR…101-3005-60691 9,885.00Maintenance/ServicesBEAR CREEK TRAIL IRRIGATION MODIFI…217297DESERT CONCEPTS CONSTR…101-3005-60691 4,995.00Maintenance/ServicesCONCRETE REPAIR BLACKHAWK WAY217297DESERT CONCEPTS CONSTR…101-7003-60691 4,018.43Professional Services06/2025 - SECURITY PATROL SERVICES217298DESERT RESORT MANAGEM…101-6004-60103 500.00Grants & Economic Develop…FY 24/25 COMMUNITY SERVICE GRANT217299DESERT SANDS EDUCATION …101-3001-60510 114.71Cable/Internet - Utilities06/22-07/21/25 - EOC CABLE217300DISH NETWORK 101-2002-61400 1,226.06Materials/SuppliesIRRIGATION PARTS217301EWING IRRIGATION PRODUC…101-3005-60431 736.86Materials/SuppliesIRRIGATION PARTS217301EWING IRRIGATION PRODUC…101-3005-60431 219.70Materials/SuppliesIRRIGATION PART217301EWING IRRIGATION PRODUC…101-3005-60431 15.71Postage06/24/25 - OVERNIGHT MAIL217302FEDEX 101-1007-60470 264.00HVACCH HVAC REPAIRS217303FIRST CHOICE A/C & HEATING…101-3008-60667 683.95HVACCH HVAC MAINTENANCE217303FIRST CHOICE A/C & HEATING…101-3008-60667 1,741.50HVACCH HVAC MAINTENANCE217303FIRST CHOICE A/C & HEATING…101-3008-60667 1,807.00HVACCH HVAC REPAIRS217303FIRST CHOICE A/C & HEATING…101-3008-60667 1,656.00HVACCH HVAC MAINTENANCE217303FIRST CHOICE A/C & HEATING…101-3008-60667 556.00HVACCH HVAC REPAIRS217303FIRST CHOICE A/C & HEATING…101-3008-60667 2,689.00Maintenance/ServicesFS #70 HVAC MAINTENANCE & REPAIR217303FIRST CHOICE A/C & HEATING…101-2002-60691 1,654.50HVACWC HVAC MAINTENANCE & REPAIR217303FIRST CHOICE A/C & HEATING…101-3008-60667 2,156.00Maintenance/ServicesFS #70 HVAC MAINTENANCE217303FIRST CHOICE A/C & HEATING…101-2002-60691 808.60Maintenance/ServicesFS #32 HVAC REPAIRS217303FIRST CHOICE A/C & HEATING…101-2002-60691 10,842.00HVACWC HVAC CONDENSER COIL REPLACEM…217303FIRST CHOICE A/C & HEATING…101-3008-60667 1,400.00HVACCH HVAC MAINTENANCE217303FIRST CHOICE A/C & HEATING…101-3008-60667 322.00HVACCH HVAC REPAIRS217303FIRST CHOICE A/C & HEATING…101-3008-60667 79.00HVACCH HVAC DIAGNOSTIC ANALYSIS217303FIRST CHOICE A/C & HEATING…101-3008-60667 114.52Building PermitsPERMIT REFUND BSAP2025-0013217304FREEDOM FOREVER SOUTHE…101-0000-42400 5.89Building PermitsPERMIT REFUND BSAP2025-0023217304FREEDOM FOREVER SOUTHE…101-0000-42400 101.79Building PermitsPERMIT REFUND BSAP2025-0035217304FREEDOM FOREVER SOUTHE…101-0000-42400 114.52Building PermitsPERMIT REFUND BSAP2025-0048217304FREEDOM FOREVER SOUTHE…101-0000-42400 101.48UniformsUNIFORMS G.DUCHENE217306GALLS LLC 101-6004-60690 241.83UniformsCODE UNIFORMS217306GALLS LLC 101-6004-60690 199.39UniformsCODE UNIFORMS S. TORRES-ZAZUETA217306GALLS LLC 101-6004-60690 132 Demand Register Packet: APPKT04229 - 07/11/2025 DR 7/25/2025 6:41:20 PM Page 3 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 517.19Advertising06/20/25 - HWY 111/ADAMS DRIVE-TH…217307GANNETT CALIFORNIA LOCAL…101-6002-60450 306.84Advertising06/04/25 - FY 25/26 CAPITAL IMPROVE…217307GANNETT CALIFORNIA LOCAL…101-7002-60450 342.65Materials/SuppliesHEADRAIL- FB PARK217312GRAINGER 101-3008-60431 359.53Materials/SuppliesINSWING DOOR KIT FOR LQ PARK217312GRAINGER 101-3008-60431 171.32Materials/SuppliesPARTITION COLUMN FOR LQ PARK217312GRAINGER 101-3008-60431 185.69Operating SuppliesMAINTENANCE ABSORBENT217312GRAINGER 101-7003-60420 1,055.63Operating SuppliesTARPS217312GRAINGER 101-7003-60420 69.20Materials/SuppliesIRRIGATION PARTS217316HIGH TECH IRRIGATION INC 101-3005-60431 1,508.03Electricity - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-2002-61101 1,200.75Electric - Civic Center Park - U…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61103 939.35Electric - Fritz Burns Park - Uti…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61105 4,440.93Electricity - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3008-61101 3,013.48Electric - Sports Complex - Uti…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61106 1,488.04Electric - Community Park - U…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61109 20.84Electric - Velasco Park - Utiliti…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61111 24.92Electric - Eisenhower Park - U…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61113 19.59Electric - Desert Pride - Utiliti…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61114 18,419.98Electricity - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3008-61101 2,171.20Electricity - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-2002-61101 19.42Electric - Monticello Park - Uti…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61102 103.02Electric - Colonel Paige - Utilit…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61108 5,283.14Electric - Community Park - U…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61109 58.47Electric - Adams Park - Utiliti…ELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3005-61110 865.74Electricity - Charging StationsELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 101-3008-61102 1,428.49HVACHVAC AIR FILTERS217319JOHNSTONE SUPPLY 101-3008-60667 49.33HVACHVAC AIR FILTERS217319JOHNSTONE SUPPLY 101-3008-60667 3,500.00Contract Services - Administr…06/2025 - FEDERAL LOBBYIST SERVICES217320KILEY & ASSOCIATES 101-1002-60101 738.60Maintenance/Services07/01-09/30/25 - CH ELEVATOR MAINT…217321KONE INC 101-3008-60691 4,240.00Professional ServicesFY 23/24 STATE CONTROLLERS REPORT217322LANCE, SOLL, & LUNGHARD L…101-1006-60103 29,815.00AuditorsFY 24/25 INTERIM AUDIT/GANN LIMIT S…217322LANCE, SOLL, & LUNGHARD L…101-1006-60106 3,273.58Training & Education/MOU01/17-05/22/25 TUITION REIMB A.MAG…217324MAGALLON, ARMANDO 101-1004-60322 46.71Uniforms06/19/25 - UNIFORM LAUNDRY SERVICES217326MISSION LINEN SUPPLY 101-3005-60690 28.03Uniforms06/19/25 - UNIFORM LAUNDRY SERVICES217326MISSION LINEN SUPPLY 101-3008-60690 46.30Uniforms06/25/25 - UNIFORM LAUNDRY SERVICE217326MISSION LINEN SUPPLY 101-3005-60690 27.78Uniforms06/25/25 - UNIFORM LAUNDRY SERVICE217326MISSION LINEN SUPPLY 101-3008-60690 393.62Membership Dues08/30/25-08/29/26 - WC MPLC LICENSE217327MOTION PICTURE LICENSING…101-3002-60351 1,000.00Lot Cleaning/Gravel ProgramCV LINK CLEANUP217328MOYA, DANIEL 101-6004-60120 92.90Mobile/Cell Phones/Satellites06/2025 - SATELLITE PHONES217330NI GOVERNMENT SERVICES I…101-2002-61304 125.00HVAC04/2025 - CH WATER TREATMENT217333PACIFIC WEST AIR CONDITIO…101-3008-60667 2,936.25Community Experiences08/30/25 - LQ SUMMER GOLF BANQUET217334PGA WEST 101-3003-60149 1,706.80Temporary Agency Services04/11/25 TEMP SERVICES G. REYES217336PROPER SOLUTIONS INC 101-1004-60125 1,706.80Temporary Agency Services06/20/25 - TEMP AGENCY SERVICES G.R…217336PROPER SOLUTIONS INC 101-1004-60125 1,706.80Temporary Agency Services06/27/25 - TEMP AGENCY SERVICES G.R…217336PROPER SOLUTIONS INC 101-1004-60125 650.00Map/Plan CheckingPMER 2025-0003 ONCALL MAP CHECKI…217337RASA/ERIC NELSON 101-7002-60183 4,200.00Community Experiences05/07/25 - AV SERVICES217338RHYTHM TECH PRODUCTION…101-3003-60149 100.00Technical05/2025 - RECORDING FEES217339RIVERSIDE ASSESSOR 101-6004-60108 61,745.00Sheriff - Other07/01/24-06/30/25 - RMS/CLETS SERVI…217340RIVERSIDE COUNTY SHERIFF …101-2001-60176 52.83Travel & TrainingLUNCH FOR TRAINING REIMB T.SANCHEZ217342SANCHEZ, TOMMI 101-6006-60320 293.63Materials/SuppliesPARK SIGNS217343SIGNATURE TINT 101-3005-60431 90.49Travel & Training06/12/25 - SNACKS FOR TRAINING217344SMART & FINAL 101-1004-60320 207.04Tools/EquipmentOPERATING WRENCH217345SMITH PIPE & SUPPLY CO 101-3005-60432 588.98Materials/SuppliesIRRIGATION PARTS217345SMITH PIPE & SUPPLY CO 101-3005-60431 440.13Materials/SuppliesIRRIGATION PARTS217345SMITH PIPE & SUPPLY CO 101-3005-60431 178.72Materials/SuppliesIRRIGATION PARTS217345SMITH PIPE & SUPPLY CO 101-3005-60431 175.84Annual Permits/Inspections07/01/24-06/30/25 - CH AQMD FEE 104…217346SOUTH COAST AIR QUALITY …101-3008-60196 175.84Annual Permits/Inspections07/01/24-06/30/25 - WC AQMD FEE 11…217346SOUTH COAST AIR QUALITY …101-3008-60196 1,282.50Civic Center Lake Maintenan…06/2025 - LAKE MAINTENANCE SERVICES217347SOUTHWEST AQUATICS INC 101-3005-60117 1,282.50SilverRock Lake Maintenance06/2025 - LAKE MAINTENANCE SERVICES217347SOUTHWEST AQUATICS INC 101-3005-60189 703.06Civic Center Lake Maintenan…CIVIC CENTER LAKE FILL VALVES REPAIRS217347SOUTHWEST AQUATICS INC 101-3005-60117 380.84Civic Center Lake Maintenan…CIVIC CENTER LAKE BIO FILTER PIPES C…217347SOUTHWEST AQUATICS INC 101-3005-60117 133 Demand Register Packet: APPKT04229 - 07/11/2025 DR 7/25/2025 6:41:20 PM Page 4 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 27,016.25Contract Traffic Engineer04/2025 - ONCALL TRAFFIC ENGINEERI…217349TKE ENGINEERING, INC.101-7006-60144 7,303.77Contract Traffic Engineer05/2025 - ONCALL TRAFFIC ENGINEERI…217349TKE ENGINEERING, INC.101-7006-60144 2,850.00Maintenance/ServicesPW YARD PLUMBING REPAIRS217353USA DRAIN AND PLUMBING…101-3008-60691 1,076.05Professional Services06/2025 - DATA BACK UP FOR LASERFIC…217354VERITAS TECHNOLOGIES LLC 101-1005-60103 135.55Mobile/Cell Phones/Satellites05/14-06/13/25 - EOC CELL (7813)217355VERIZON WIRELESS 101-2002-61304 888.90Telephone - Utilities05/26-06/25/2025 LQPD CELL SVC217355VERIZON WIRELESS 101-2001-61300 4,948.13Materials/SuppliesSOD FOR CIVIC CENTER CAMPUS217358WEST COAST TURF 101-3005-60431 247.31PrintingDOG OFF-LEASH BROCHURES217359XPRESS GRAPHICS 101-6004-60410 Fund 101 - GENERAL FUND Total:508,166.15 Fund: 201 - GAS TAX FUND 3,255.98Paint/LegendsPAINT217310GOLDSTAR ASPHALT PRODU…201-7003-60433 1,230.84BarricadesSOLAR BARRICADE LIGHT217312GRAINGER 201-7003-60428 946.88Materials/SuppliesSPILL KIT217312GRAINGER 201-7003-60431 1,138.22Electricity - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 201-7003-61101 1,231.29UniformsUNIFORMS217326MISSION LINEN SUPPLY 201-7003-60690 56.05Uniforms06/19/25 - UNIFORM LAUNDRY SERVICES217326MISSION LINEN SUPPLY 201-7003-60690 55.55Uniforms06/25/25 - UNIFORM LAUNDRY SERVICE217326MISSION LINEN SUPPLY 201-7003-60690 316.55Traffic Control SignsSTREET SIGNS217332PACIFIC PRODUCTS AND SER…201-7003-60429 511.30Traffic Control SignsSTREET SIGNS217332PACIFIC PRODUCTS AND SER…201-7003-60429 287.10Traffic Control SignsSTREET SIGNS217332PACIFIC PRODUCTS AND SER…201-7003-60429 522.76Traffic Control SignsTRAFFIC CONTROL SIGNS217350TOPS' N BARRICADES INC 201-7003-60429 Fund 201 - GAS TAX FUND Total:9,552.52 Fund: 202 - LIBRARY & MUSEUM FUND 1,474.50HVACMUSEUM HVAC REPAIR217303FIRST CHOICE A/C & HEATING…202-3006-60667 704.15Cable/Internet - Utilities06/04-07/03/25 - LIBRARY DIA CIRCUIT217305FRONTIER COMMUNICATIO…202-3004-61400 176.83Telephone - Utilities06/13-07/12/25 - MUSEUM PHONE217305FRONTIER COMMUNICATIO…202-3006-61300 1,911.86Electricity - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 202-3006-61101 7,226.88Electricity - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 202-3004-61101 738.60Maintenance/Services07/01-09/30/25 - MUSEUM ELEVATOR …217321KONE INC 202-3006-60691 532.15Operating Supplies07/01/25-06/30/26 - MUSEUM MPLC LI…217327MOTION PICTURE LICENSING…202-3006-60420 125.00HVAC04/2025 - LIBRARY WATER TREATMENT217333PACIFIC WEST AIR CONDITIO…202-3004-60667 2,457.00HVACLIBRARY HVAC REPAIRS217333PACIFIC WEST AIR CONDITIO…202-3004-60667 Fund 202 - LIBRARY & MUSEUM FUND Total:15,346.97 Fund: 215 - LIGHTING & LANDSCAPING FUND 9,897.46Water - Medians - UtilitiesWATER SERVICE217284COACHELLA VALLEY WATER D…215-7004-61211 487.58Water - Medians - UtilitiesWATER SERVICE217284COACHELLA VALLEY WATER D…215-7004-61211 1,440.00Maintenance/Services06/27/25 - AVE 52 MEDIAN RESTORATI…217297DESERT CONCEPTS CONSTR…215-7004-60691 152.85Electric - Utilities06/07-07/06/25 - PHONE SERVICE217305FRONTIER COMMUNICATIO…215-7004-61116 58.62Electric - Utilities06/10-07/09/25 - PHONE SERVICE217305FRONTIER COMMUNICATIO…215-7004-61116 430.70Administration06/06/25 - L&L ADMIN SERVICES AD217307GANNETT CALIFORNIA LOCAL…215-7004-60102 2,250.66Electric - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61116 703.17Electric - Medians - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61117 3,140.38Electric - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61116 1,227.85Electric - Medians - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61117 746.42Electric - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61116 593.05Electric - Medians - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61117 145.17Electric - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61116 242.62Electric - Medians - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61117 771.14Electric - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61116 310.47Electric - UtilitiesELECTRICITY SERVICE217317IMPERIAL IRRIGATION DIST 215-7004-61116 481.32Materials/SuppliesIRRIGATION SUPPLIES217345SMITH PIPE & SUPPLY CO 215-7004-60431 1,300.52Materials/SuppliesHARDSCAPE MATERIALS217351TRI-STATE MATERIALS INC 215-7004-60431 Fund 215 - LIGHTING & LANDSCAPING FUND Total:24,379.98 Fund: 221 - AB 939 - CALRECYCLE FUND 1,500.00AB 939 Recycling Solutions06/2025 - RECYCLING DIGITAL ADS217261ALPHA MEDIA LLC 221-0000-60127 3,500.00AB 939 Recycling Solutions06/2025 - RECYCLING RADIO ADS MIX 1…217261ALPHA MEDIA LLC 221-0000-60127 Fund 221 - AB 939 - CALRECYCLE FUND Total:5,000.00 134 Demand Register Packet: APPKT04229 - 07/11/2025 DR 7/25/2025 6:41:20 PM Page 5 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP) 3,820.21Travel & Training05/02-05/04/25 - CERT TRAINING217289COUNTY OF RIVERSIDE 227-0000-60320 Fund 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP) Total:3,820.21 Fund: 241 - HOUSING AUTHORITY 27,081.00Attorney1031533 - HOUSING AUTHORITY MISC254RUTAN & TUCKER 241-9101-60153 587.25Building/Site ImprovementsNO DUMPING SIGNS217343SIGNATURE TINT 241-9104-72110 Fund 241 - HOUSING AUTHORITY Total:27,668.25 Fund: 243 - RDA LOW-MOD HOUSING FUND 125,000.00Homelessness AssistanceFY 25/26 HOMELESS PREVENTION PRO…217283COACHELLA VALLEY RESCUE…243-0000-60532 125,000.00Homelessness AssistanceFY 25/26 HOMELESS PREVENTION & ASS…217325MARTHA'S VILLAGE KITCHEN 243-0000-60532 Fund 243 - RDA LOW-MOD HOUSING FUND Total:250,000.00 Fund: 310 - LQ FINANCE AUTHORITY DEBT SERVICE 750.00Contract Services FeesFY 23/24 STATE CONTROLLERS REPORT217322LANCE, SOLL, & LUNGHARD L…310-0000-60181 Fund 310 - LQ FINANCE AUTHORITY DEBT SERVICE Total:750.00 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS -6,682.04Retention Payable06/2025 CITYWIDE MISCELLANEOUS AD…217293CT&T CONCRETE PAVING INC.401-0000-20600 133,640.75Construction06/2025 CITYWIDE MISCELLANEOUS AD…217293CT&T CONCRETE PAVING INC.401-0000-60188 306.84Design06/09/25 - BRIDGE PREVENTATIVE MAI…217307GANNETT CALIFORNIA LOCAL…401-0000-60185 78,989.72Design04/2025 HWY 111 CORRIDOR PLANNIN…217309GHD INC.401-0000-60185 74,286.40Design05/2025 - CULTURAL CAMPUS DESIGN217314HAMMEL, GREEN, AND ABR…401-0000-60185 11,939.25Design05/2025 - CITYWIDE IRRIGATION MAST…217315HERMANN DESIGN GROUP I…401-0000-60185 7,246.49Design05/2025 MASTER PLANNING SERVICES …217318IN-SITE LANDSCAPE ARCHITE…401-0000-60185 9,900.00ConstructionPMP FRED WARING & MISC. LOCATIONS…217331ONYX PAVING COMPANY INC.401-0000-60188 415.34ConstructionHWY 111 PAVEMENT REHAB CONSTRUC…217335PLANIT REPROGRAPHICS SYS…401-0000-60188 128.72ConstructionFY 24/25 PMP SLURRY PLANS/SPECS217335PLANIT REPROGRAPHICS SYS…401-0000-60188 33,036.01ConstructionFB PARK RESTROOM BUILDING PURCHA…217341ROMTEC INC.401-0000-60188 7,275.75ConstructionRESTROOM BUILDING PURCHASE FREIG…217341ROMTEC INC.401-0000-60188 8,882.98ConstructionTOILETS, LAVATORIES AND ADA FAMILY…217341ROMTEC INC.401-0000-60188 3,667.90ConstructionRESTROOM AND POOL BUILDING PURC…217341ROMTEC INC.401-0000-60188 2,474.00Construction05/2025 - ONCALL TRAFFIC SIGNAL MAI…217348ST. FRANCIS ELECTRIC, LLC 401-0000-60188 8,212.00ConstructionTRAFFIC SIGNAL SVCS JEFFERSON/AVE 48217348ST. FRANCIS ELECTRIC, LLC 401-0000-60188 6,214.00ConstructionTRAFFIC SIGNAL SVCS JEFFERSON/AVE 50217348ST. FRANCIS ELECTRIC, LLC 401-0000-60188 5,201.00ConstructionTRAFFIC SIGNAL SVCS WASHINGTON/A…217348ST. FRANCIS ELECTRIC, LLC 401-0000-60188 557.50ConstructionTRAFFIC SIGNAL SVCS WASHINGTON/T…217348ST. FRANCIS ELECTRIC, LLC 401-0000-60188 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:385,692.61 Fund: 501 - FACILITY & FLEET REPLACEMENT 9,238.17Fuel & Oil05/26-06/25/25 - FUEL259WEX BANK 501-0000-60674 1,293.57Vehicle Repair & Maintenan…23 CHEVY SILVERADO 2500 VIN #F1155…217263AMERICAN TIRE DEPOT 501-0000-60676 57.83Parts, Accessories, and UpfitsOIL ABSORBENT217265AUTOZONE 501-0000-60675 34.22Parts, Accessories, and UpfitsVEHICLE MAINTENANCE SUPPLIES217265AUTOZONE 501-0000-60675 1,269.48Motorcycle Repair & Mainte…MOTOCYCLE REPAIR VIN #K39648217270BMW MOTORCYCLES OF RIV…501-0000-60679 12.72Parts, Accessories, and UpfitsBATTERY217278CHEVROLET CADILLAC 501-0000-60675 1,073.92Vehicle Repair & Maintenan…22 CHEVY SILVERADO 3500 VIN #F1822…217278CHEVROLET CADILLAC 501-0000-60676 824.91Vehicle Repair & Maintenan…17 CHEVY SILVERADO 2500 VIN #Z1767…217278CHEVROLET CADILLAC 501-0000-60676 593.21Vehicle Repair & Maintenan…17 GMC SAVANA VAN VIN #H1352891 P…217278CHEVROLET CADILLAC 501-0000-60676 448.22Vehicle Repair & Maintenan…20 CHEVY COLORADO VIN #L1220272 B…217294DANIEL'S TIRE SERVICE, INC.501-0000-60676 4,787.50City Bldg Repl/RepairCH CONCRETE REPAIR217313H&G HOME IMPROVEMENTS …501-0000-71103 146.05Vehicle Repair & Maintenan…23 CHEVY SILVERADO 2500 VIN #F1193…217329MYFLEETCENTER 501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:19,779.80 Fund: 502 - INFORMATION TECHNOLOGY 39,896.90Software Licenses07/01/25-06/30/26 - ASSET MANAGEM…217276CARAHSOFT TECHNOLOGY C…502-0000-60301 168.08Cable/Internet - Utilities06/15-07/14/25 - WC CABLE (3301)217277CHARTER COMMUNICATIONS…502-0000-61400 191.29Cable/Internet - Utilities06/10-07/09/25 - CH CABLE (2601)217277CHARTER COMMUNICATIONS…502-0000-61400 2,079.00Cable/Internet - Utilities06/10-07/09/25 - CH INTERNET (1801)217277CHARTER COMMUNICATIONS…502-0000-61400 14.73Cable/Internet - Utilities06/10-07/09/25 - WC CABLE (2101)217277CHARTER COMMUNICATIONS…502-0000-61400 81.63Cable/Internet - Utilities06/10-07/09/25 - CITY YARD CABLE (580…217277CHARTER COMMUNICATIONS…502-0000-61400 914.15Cable/Internet - Utilities06/21-07/20/25 - WC FIBER CONNECT P…217277CHARTER COMMUNICATIONS…502-0000-61400 38,616.75Software LicensesFY 25/26 BUDGETING/FINANCIAL TRAN…217280CLEARGOV INC.502-0000-60301 135 Demand Register Packet: APPKT04229 - 07/11/2025 DR 7/25/2025 6:41:20 PM Page 6 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 2,619.73Cable/Internet - Utilities06/03-07/02/25 - 2ND CITY INTERNET LI…217305FRONTIER COMMUNICATIO…502-0000-61400 1,070.00Cable/Internet - Utilities06/12-07/11/25 - X-PARK INTERNET217305FRONTIER COMMUNICATIO…502-0000-61400 704.15Cable/Internet - Utilities06/04-07/03/25 - WC DIA CIRCUIT217305FRONTIER COMMUNICATIO…502-0000-61400 727.90Cable/Internet - Utilities06/04-07/03/25 - DSL SVC217305FRONTIER COMMUNICATIO…502-0000-61400 15,185.25Software Licenses07/01/25-06/30/26 - NEOGOV HR SOF…217311GOVERNMENTJOBS.COM INC.502-0000-60301 1,026.00Software Licenses06/30/25-06/30/26 - LOBBY CENTRAL S…217323LOBBYCENTRAL 502-0000-60301 12,955.08Software Licenses06/2025 - PERMITTING & LICENSING SO…217352TYLER TECHNOLOGIES 502-0000-60301 142,505.88Software Licenses07/01/25-05/31/26 PERMITTING & BUS…217352TYLER TECHNOLOGIES 502-0000-60301 1,560.00Software Licenses07/01/25-06/30/26 - PAYTRAC SOFTWA…217356VERMONT SYSTEMS 502-0000-60301 163,094.20ConsultantsMERAKI NETWORK INFRASTRUCTURE/E…217357VISUAL EDGE IT, INC.502-0000-60104 42,092.92Consultants06/2025 - IT SERVICES217357VISUAL EDGE IT, INC.502-0000-60104 Fund 502 - INFORMATION TECHNOLOGY Total:465,503.64 Fund: 503 - PARK EQUIP & FACILITY FUND 1.00Parks06/16/25-06/16/26 - PIONEER PARK LEA…217285COACHELLA VALLEY WATER D…503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:1.00 Fund: 504 - INSURANCE FUND 469,820.00Liability Insurance07/01/25-06/30/26 LIABILITY INSURAN…217273CALIFORNIA JOINT POWERS …504-1010-60441 302,846.00Workers Comp Premium07/01/25-06/30/26 WORKERS COMP IN…217273CALIFORNIA JOINT POWERS …504-1010-60452 Fund 504 - INSURANCE FUND Total:772,666.00 Fund: 601 - SILVERROCK RESORT 1,041.50Repair & MaintenanceSRR HVAC REPAIRS217303FIRST CHOICE A/C & HEATING…601-0000-60660 948.50Repair & MaintenanceSRR HVAC MAINTENANCE217303FIRST CHOICE A/C & HEATING…601-0000-60660 1,207.00Repair & MaintenanceSRR HVAC MAINTENANCE217303FIRST CHOICE A/C & HEATING…601-0000-60660 1,311.00Repair & MaintenanceSRR HVAC REPAIRS217303FIRST CHOICE A/C & HEATING…601-0000-60660 712.76Bank Fees06/2025 - SRR ARMORED SVCS217308GARDAWORLD 601-0000-60455 11.25Bank Fees05/2025 - SRR ARMORED SVCS EXCESS …217308GARDAWORLD 601-0000-60455 Fund 601 - SILVERROCK RESORT Total:5,232.01 Grand Total:2,493,559.14 136 Demand Register Packet: APPKT04229 - 07/11/2025 DR 7/25/2025 6:41:20 PM Page 7 of 9 Fund Summary Fund Expense Amount 101 - GENERAL FUND 508,166.15 201 - GAS TAX FUND 9,552.52 202 - LIBRARY & MUSEUM FUND 15,346.97 215 - LIGHTING & LANDSCAPING FUND 24,379.98 221 - AB 939 - CALRECYCLE FUND 5,000.00 227 - STATE HOMELAND SECURITY PROGRAMS (SHSP)3,820.21 241 - HOUSING AUTHORITY 27,668.25 243 - RDA LOW-MOD HOUSING FUND 250,000.00 310 - LQ FINANCE AUTHORITY DEBT SERVICE 750.00 401 - CAPITAL IMPROVEMENT PROGRAMS 385,692.61 501 - FACILITY & FLEET REPLACEMENT 19,779.80 502 - INFORMATION TECHNOLOGY 465,503.64 503 - PARK EQUIP & FACILITY FUND 1.00 504 - INSURANCE FUND 772,666.00 601 - SILVERROCK RESORT 5,232.01 Grand Total:2,493,559.14 Account Summary Account Number Account Name Expense Amount 101-0000-22810 Developer Deposits 6,965.00 101-0000-42400 Building Permits 336.72 101-1002-60101 Contract Services - Admi…3,500.00 101-1002-60351 Membership Dues 20,946.53 101-1002-60510 Contingency for Operati…864.00 101-1003-60153 Attorney 45,961.63 101-1003-60154 Attorney/Litigation 1,413.00 101-1004-50252 Annual Wellness Dollar …3,427.08 101-1004-60125 Temporary Agency Servi…5,120.40 101-1004-60320 Travel & Training 90.49 101-1004-60322 Training & Education/M…3,273.58 101-1004-60400 Office Supplies 59.79 101-1005-60103 Professional Services 20,276.05 101-1006-60103 Professional Services 4,240.00 101-1006-60106 Auditors 29,815.00 101-1006-60351 Membership Dues 125.00 101-1007-60403 Citywide Supplies 1,140.51 101-1007-60470 Postage 15.71 101-2001-60174 Blood/Alcohol Testing 105.00 101-2001-60175 Special Enforcement Fu…11,451.18 101-2001-60176 Sheriff - Other 61,745.00 101-2001-60420 Operating Supplies 253.98 101-2001-60692 Public Safety Camera Sys…2,123.17 101-2001-61300 Telephone - Utilities 888.90 101-2002-60139 Fire Service Costs 11,250.00 101-2002-60691 Maintenance/Services 5,653.60 101-2002-61101 Electricity - Utilities 3,679.23 101-2002-61200 Water - Utilities 117.53 101-2002-61304 Mobile/Cell Phones/Sate…1,035.05 101-2002-61400 Cable/Internet - Utilities 436.43 101-3001-60510 Grants & Economic Deve…10,500.00 101-3002-60351 Membership Dues 393.62 101-3003-60149 Community Experiences 7,136.25 101-3005-60117 Civic Center Lake Maint…2,366.40 101-3005-60189 SilverRock Lake Mainten…1,282.50 101-3005-60351 Membership Dues 145.00 101-3005-60431 Materials/Supplies 8,701.41 101-3005-60432 Tools/Equipment 207.04 101-3005-60690 Uniforms 93.01 101-3005-60691 Maintenance/Services 17,905.00 137 Demand Register Packet: APPKT04229 - 07/11/2025 DR 7/25/2025 6:41:20 PM Page 8 of 9 Account Summary Account Number Account Name Expense Amount 101-3005-61102 Electric - Monticello Park…19.42 101-3005-61103 Electric - Civic Center Pa…1,200.75 101-3005-61105 Electric - Fritz Burns Park…939.35 101-3005-61106 Electric - Sports Complex…3,013.48 101-3005-61108 Electric - Colonel Paige -…103.02 101-3005-61109 Electric - Community Par…6,771.18 101-3005-61110 Electric - Adams Park - Ut…58.47 101-3005-61111 Electric - Velasco Park - …20.84 101-3005-61113 Electric - Eisenhower Par…24.92 101-3005-61114 Electric - Desert Pride - U…19.59 101-3005-61203 Water -Eisenhower Park …196.19 101-3005-61204 Water -Fritz Burns Park -…3,012.86 101-3005-61205 Water -Velasco Park - Uti…141.67 101-3005-61207 Water -Pioneer Park - Uti…1,012.48 101-3008-60196 Annual Permits/Inspecti…521.68 101-3008-60431 Materials/Supplies 873.50 101-3008-60667 HVAC 22,608.77 101-3008-60690 Uniforms 55.81 101-3008-60691 Maintenance/Services 3,588.60 101-3008-61101 Electricity - Utilities 22,860.91 101-3008-61102 Electricity - Charging Stat…865.74 101-3008-61200 Water - Utilities 856.40 101-6002-60351 Membership Dues 150.00 101-6002-60450 Advertising 517.19 101-6003-60118 Plan Checks 38,300.31 101-6004-60103 Professional Services 4,018.43 101-6004-60108 Technical 100.00 101-6004-60120 Lot Cleaning/Gravel Prog…1,000.00 101-6004-60197 Animal Shelter Contract …31,914.36 101-6004-60410 Printing 247.31 101-6004-60690 Uniforms 542.70 101-6006-60320 Travel & Training 52.83 101-7002-60183 Map/Plan Checking 650.00 101-7002-60450 Advertising 306.84 101-7003-60420 Operating Supplies 1,321.52 101-7003-60432 Tools/Equipment 10,006.93 101-7003-60691 Maintenance/Services 4,995.00 101-7006-60144 Contract Traffic Engineer 34,320.02 101-7006-60480 Contributions to Other A…15,917.29 201-7003-60428 Barricades 1,230.84 201-7003-60429 Traffic Control Signs 1,637.71 201-7003-60431 Materials/Supplies 946.88 201-7003-60433 Paint/Legends 3,255.98 201-7003-60690 Uniforms 1,342.89 201-7003-61101 Electricity - Utilities 1,138.22 202-3004-60667 HVAC 2,582.00 202-3004-61101 Electricity - Utilities 7,226.88 202-3004-61400 Cable/Internet - Utilities 704.15 202-3006-60420 Operating Supplies 532.15 202-3006-60667 HVAC 1,474.50 202-3006-60691 Maintenance/Services 738.60 202-3006-61101 Electricity - Utilities 1,911.86 202-3006-61300 Telephone - Utilities 176.83 215-7004-60102 Administration 430.70 215-7004-60431 Materials/Supplies 1,781.84 215-7004-60691 Maintenance/Services 1,440.00 215-7004-61116 Electric - Utilities 7,575.71 215-7004-61117 Electric - Medians - Utilit…2,766.69 138 Demand Register Packet: APPKT04229 - 07/11/2025 DR 7/25/2025 6:41:20 PM Page 9 of 9 Account Summary Account Number Account Name Expense Amount 215-7004-61211 Water - Medians - Utiliti…10,385.04 221-0000-60127 AB 939 Recycling Solutio…5,000.00 227-0000-60320 Travel & Training 3,820.21 241-9101-60153 Attorney 27,081.00 241-9104-72110 Building/Site Improvem…587.25 243-0000-60532 Homelessness Assistance 250,000.00 310-0000-60181 Contract Services Fees 750.00 401-0000-20600 Retention Payable -6,682.04 401-0000-60185 Design 172,768.70 401-0000-60188 Construction 219,605.95 501-0000-60674 Fuel & Oil 9,238.17 501-0000-60675 Parts, Accessories, and …104.77 501-0000-60676 Vehicle Repair & Maint…4,379.88 501-0000-60679 Motorcycle Repair & Ma…1,269.48 501-0000-71103 City Bldg Repl/Repair 4,787.50 502-0000-60104 Consultants 205,187.12 502-0000-60301 Software Licenses 251,745.86 502-0000-61400 Cable/Internet - Utilities 8,570.66 503-0000-71060 Parks 1.00 504-1010-60441 Liability Insurance 469,820.00 504-1010-60452 Workers Comp Premium 302,846.00 601-0000-60455 Bank Fees 724.01 601-0000-60660 Repair & Maintenance 4,508.00 Grand Total:2,493,559.14 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**2,046,624.02**None****None** 201804E 3,221.84Landscape & Lighting Median Islan…Landscape & Lighting Median Island Improvements 201901D 74,286.40Design Expense Village Art Plaza Promenade & Cultural Campus 201905D 78,989.72Design Expense Highway 111 Corridor Area Plan Implementation 202008CB 15,917.29Contribution Expense Avenue 48 Art and Music Line Project 202102CT 52,862.64Construction Expense Fritz Burns Park Improvements 202102D 7,246.49Design Expense Fritz Burns Park Improvements 202216E 10,855.00General PW Maint - Desert Concep…General PW Maintenance - Desert Concepts 202225CT 415.34Construction Expense Highway 111 Rehabilitation Project 202330E 12,264.70Park Landscape Maintenance Servi…Park Landscape Maintenance Services 202333D 306.84Design Expense Bridge Preventative Maint Program 202403CT 128.72Construction Expense Cove Area Slurry Seal Improvements Phase 1 202405CT 133,640.75Construction Expense Citywide Miscellaneous ADA Improvements 202405RP -6,682.04Retention Payable Citywide Miscellaneous ADA Improvements 202412CT 9,900.00Construction Expense FY24/25 PMP - Fred Waring Drive - Misc Locations 202415D 11,939.25Design Expense Citywide Irrigation Upgrade 24004E 6,965.00DESERT LUXURY PROPERTIES LLC E…DESERT LUXURY PROPERTIES LLC 2425TMICT 22,658.50Construction Expense FY24/25 Traffic Maintenance Improvements CONCERTE 4,200.00Concert Expense Master Account for all SRR Concert Series GOLFE 2,936.25Golf Tour Expense Golf Tour SRRE 864.00SilverRock Events Expense SilverRock Events STVRE 4,018.43Short Term Vacation Rental Expen…Short Term Vacation Rental Tracking Grand Total:2,493,559.14 *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. 139 7/25/2025 6:40:01 PM Page 1 of 9 Demand Register Packet: APPKT04238 - 07/18/25 DR AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 48.00Instructors1 DAY SESSION CLASS261JENSEN, SHARLA W 101-3002-60107 396.00InstructorsPERSONAL TRAINING 3 SESSIONS CLASS…261JENSEN, SHARLA W 101-3002-60107 792.00InstructorsPERSONAL TRAINING 6 SESSIONS CLASS…261JENSEN, SHARLA W 101-3002-60107 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB E.…262LOPEZ-CORTEZ, EDGAR 101-1004-50252 134.75Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB J.…263MEJIA, JERRY 101-1004-50252 57.67Annual Wellness Dollar Reim…FY24/25 WELLNESS DOLLARS REIMB J.M…263MEJIA, JERRY 101-1004-50252 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB T.…264TELLEZ-SANCHEZ, BENJAMIN 101-1004-50252 54.60InstructorsYOGA FLOW CLASS265WILLIAMS, BILLEE 101-3002-60107 81.90InstructorsPILATES CLASS265WILLIAMS, BILLEE 101-3002-60107 151.20InstructorsMAT PILATES DI265WILLIAMS, BILLEE 101-3002-60107 509.00Rental Expense04/01-06/30/25 - INSURANCE FOR PRIV…217361ALLIANT INSURANCE SERVIC…101-3003-60157 261.00Rental Expense01/01-03/31/25 - INSURANCE FOR PRIV…217361ALLIANT INSURANCE SERVIC…101-3003-60157 374.00Mobile/Cell Phones/Satellites07/2025 - PUBLIC SAFETY RADIO RENTA…217362ANDERSON COMMUNICATI…101-2002-61304 605.00Materials/SuppliesSHIPPING TO RETURN TABLES217363BMO FINANCIAL GROUP 101-3008-60431 532.00Travel & TrainingAPWA MEMBERSHIP RENEWAL217363BMO FINANCIAL GROUP 101-7001-60320 266.08Travel & TrainingAPWA MEMBERSHIP RENEWAL217363BMO FINANCIAL GROUP 101-7002-60320 532.00Travel & TrainingAPWA MEMBERSHIP RENEWAL217363BMO FINANCIAL GROUP 101-7003-60320 797.92Travel & TrainingAPWA MEMBERSHIP RENEWAL217363BMO FINANCIAL GROUP 101-7006-60320 125.00Travel & TrainingQSD/QSP RENEWAL B,MCKINNEY217363BMO FINANCIAL GROUP 101-7006-60320 28.34Operating SuppliesFITNESS OPERATING SUPPLIES217363BMO FINANCIAL GROUP 101-3002-60420 173.22Travel & TrainingDRIVER SAFETY TRAINING SNACKS217363BMO FINANCIAL GROUP 101-1004-60320 199.00Subscriptions & Publications2024 GAAFR BOOK R.HALLICK217363BMO FINANCIAL GROUP 101-1006-60352 15.09Community ExperiencesDRINKS FOR ALL HANDS MEETING217363BMO FINANCIAL GROUP 101-3003-60149 675.00Prepaid ExpenseFY 25/26 CDFA MEMBERSHIP217363BMO FINANCIAL GROUP 101-0000-13600 1,360.14Prepaid Expense06/05/2025-06/05/2026 - SPROUT SOCI…217363BMO FINANCIAL GROUP 101-0000-13600 78.28Operating SuppliesSUPPLIES FOR CITY COUNCIL217363BMO FINANCIAL GROUP 101-1001-60420 57.56Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-1002-60400 64.17Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-1002-60400 127.81Employee Recognition EventsEMPLOYEE APPRECIATION217363BMO FINANCIAL GROUP 101-1004-60340 69.87Office SuppliesOPERATING SUPPLIES217363BMO FINANCIAL GROUP 101-1004-60400 27.88Operating SuppliesOPERATING SUPPLIES217363BMO FINANCIAL GROUP 101-1004-60420 217.34Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-1005-60400 238.98Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-1005-60400 73.92Office SuppliesOPERATING SUPPLIES-SEAT CUSHIONS217363BMO FINANCIAL GROUP 101-1005-60400 30.78Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-1005-60400 48.75Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-1005-60400 75.00Travel & Training6/18/25 CSMFO CHAPTER MEETING.217363BMO FINANCIAL GROUP 101-1006-60320 16.38Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-1006-60400 82.55Operating SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-1007-60401 68.31Citywide SuppliesOPERATING SUPPLIES217363BMO FINANCIAL GROUP 101-1007-60403 94.55Special Enforcement FundsPOLICE SCAN DISK 256 GIB217363BMO FINANCIAL GROUP 101-2001-60175 222.94Operating SuppliesBATTERY REPLACEMENT217363BMO FINANCIAL GROUP 101-2001-60420 70.88Travel & TrainingHOA MEETING SNACKS217363BMO FINANCIAL GROUP 101-2002-60320 170.73Office SuppliesEMERGENCY SAFETY SUPPLIES217363BMO FINANCIAL GROUP 101-2002-60400 9.78Office SuppliesEMERGENCY SAFETY SUPPLIES217363BMO FINANCIAL GROUP 101-2002-60400 450.00Disaster Prep SuppliesDISASTER PREPAREDNESS SUPPLIES-GL…217363BMO FINANCIAL GROUP 101-2002-60406 218.73Small Tools & EquipmentFS 93 IRON SLING REPLACEMENT217363BMO FINANCIAL GROUP 101-2002-60545 32.61Fire StationFIRE STATION 93 SUPPLIES217363BMO FINANCIAL GROUP 101-2002-60670 410.69Fire StationFIRE STATION #93 SUPPLIES217363BMO FINANCIAL GROUP 101-2002-60670 16.30Fire StationFS #93 SUPPLIES217363BMO FINANCIAL GROUP 101-2002-60670 56.41Operating SuppliesWC GYM SUPPLIES217363BMO FINANCIAL GROUP 101-3002-60420 234.39Safety GearSAFETY GEAR - SUN SLEEVES217363BMO FINANCIAL GROUP 101-3005-60427 90.23Materials/SuppliesMATERIALS-TENNIS NET STRAPS217363BMO FINANCIAL GROUP 101-3005-60431 140 Demand Register Packet: APPKT04238 - 07/18/25 DR 7/25/2025 6:40:01 PM Page 2 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 128.37Materials/SuppliesMATERIALS217363BMO FINANCIAL GROUP 101-3005-60431 79.74Materials/SuppliesMATERIALS-CHRISTMAS LIGHTS217363BMO FINANCIAL GROUP 101-3005-60431 861.32Materials/SuppliesMATERIALS-TENNIS COURT NETS217363BMO FINANCIAL GROUP 101-3005-60431 1,861.63Materials/SuppliesMATERIALS-CHRISTMAS LIGHTS217363BMO FINANCIAL GROUP 101-3005-60431 240.00Membership Dues06/2025 MAILCHIMP217363BMO FINANCIAL GROUP 101-3007-60351 25.95Membership Dues06/2025 APPLE MUSIC/STORAGE217363BMO FINANCIAL GROUP 101-3007-60351 72.31Marketing & Tourism Promot…MARKETING SUPPLIES-DRONE CASE217363BMO FINANCIAL GROUP 101-3007-60461 102.67Marketing & Tourism Promot…MARKETING EQUIPMENT217363BMO FINANCIAL GROUP 101-3007-60461 3,125.49Marketing & Tourism Promot…PRODUCTION EQUIPMENT-DIGITAL CA…217363BMO FINANCIAL GROUP 101-3007-60461 366.72Materials/SuppliesRESTROOM PARK SUPPLIES217363BMO FINANCIAL GROUP 101-3008-60431 94.40Materials/SuppliesSOAP DISPENSER217363BMO FINANCIAL GROUP 101-3008-60431 87.48Materials/SuppliesKEY DISPENSER217363BMO FINANCIAL GROUP 101-3008-60431 29.33Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-6001-60400 28.64Office SuppliesPC MTG SNACK217363BMO FINANCIAL GROUP 101-6001-60400 51.84Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-6001-60400 61.31Office SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 101-6001-60400 148.01Travel & TrainingLUNCH - CODE OFFICERS TRAINING217363BMO FINANCIAL GROUP 101-6004-60320 -34.89Supplies - FieldREIMBURSEMENT217363BMO FINANCIAL GROUP 101-6004-60425 40.11Supplies - FieldFIELD SUPPLIES-POOL TESTER217363BMO FINANCIAL GROUP 101-6004-60425 34.89Supplies - FieldFIELD SUPPLIES217363BMO FINANCIAL GROUP 101-6004-60425 1,301.12Supplies - FieldFIELD SUPPLIES-VOLTG MTRS,POOL TST…217363BMO FINANCIAL GROUP 101-6004-60425 91.35Supplies - FieldPRINTER SUPPLIES - AVA PROGRAM217363BMO FINANCIAL GROUP 101-6004-60425 35.04Supplies - FieldFIELD SUPPLIES - SURVEY STAKES217363BMO FINANCIAL GROUP 101-6004-60425 599.62Supplies - FieldPRINTER SUPPLIES- AVA PROGRAM217363BMO FINANCIAL GROUP 101-6004-60425 34.89Supplies - FieldFIELD SUPPLIES217363BMO FINANCIAL GROUP 101-6004-60425 42.28Supplies - FieldFIELD SUPPLIES - PH TESTER217363BMO FINANCIAL GROUP 101-6004-60425 70.25Travel & TrainingEOC RADIO BOOKS217363BMO FINANCIAL GROUP 101-6005-60320 51.87Recruiting/Pre-Employment06/24/25 EMPLOYEE APPRECIATION EV…217363BMO FINANCIAL GROUP 101-1004-60129 133.64Recruiting/Pre-EmploymentINTERVIEW PANEL-MGMNT ANALYST PW217363BMO FINANCIAL GROUP 101-1004-60129 95.71Recruiting/Pre-EmploymentINTERVIEW PANEL-TEMP REC LEADER217363BMO FINANCIAL GROUP 101-1004-60129 200.00Employee Recognition Events06/24/25 EMPLOYEE APPRECIATION EV…217363BMO FINANCIAL GROUP 101-1004-60340 188.41Safety GearNEW EMPL SAFETY BOOTS E.GAMEZVA…217363BMO FINANCIAL GROUP 101-3005-60427 76.25Operating SuppliesHWY 111 PLANNING MEETING MEAL217363BMO FINANCIAL GROUP 101-6001-60420 32.97Operating SuppliesHWY 111 MTG FOOD217363BMO FINANCIAL GROUP 101-6001-60420 141.11Operating SuppliesHWY 111 MTG FOOD217363BMO FINANCIAL GROUP 101-6001-60420 399.00Travel & TrainingTRAINING SUBSCRIPTION - M.GONZALEZ217363BMO FINANCIAL GROUP 101-6006-60320 399.00Travel & TrainingTRAINING SUBSCRIPTION - T.SANCHEZ217363BMO FINANCIAL GROUP 101-6006-60320 399.00Travel & TrainingTRAINING SUBSCRIPTION - A.MAGALLON217363BMO FINANCIAL GROUP 101-6006-60320 63.44Tools/EquipmentJACK HAMMER217363BMO FINANCIAL GROUP 101-7003-60432 1,990.00Prepaid ExpenseCPRS TRAINING NOV. 2025 - R. SEVILLA217363BMO FINANCIAL GROUP 101-0000-13600 2,333.26Materials/SuppliesDRINKING FOUNTAIN REPAIR KITS217363BMO FINANCIAL GROUP 101-3005-60431 675.00217363BMO FINANCIAL GROUP 101-0000-13600 -1.98 2025 LEAGUE OF CITIES CONFERENCE V… Prepaid Expense MEET WITH CITY OF INDIAN WELLS LUN… Travel & Training217363BMO FINANCIAL GROUP 101-1001-60320 49.50Travel & TrainingCITY OF INDIAN WELLS MEET LUNCH217363BMO FINANCIAL GROUP 101-1002-60320 141.36Office SuppliesVACUUM FOR OFFICE217363BMO FINANCIAL GROUP 101-1002-60400 1,423.43Employee Recognition Events06/11/25 BREAKFAST BURRITIOS - ALL …217363BMO FINANCIAL GROUP 101-1004-60340 68.00Employee Recognition EventsALL HANDS MEETING 6/11/25217363BMO FINANCIAL GROUP 101-1004-60340 175.00Travel & TrainingDRONE TESTING217363BMO FINANCIAL GROUP 101-3007-60320 3,496.97Marketing & Tourism Promot…PRODUCTION EQUIPMENT- DIGITAL CA…217363BMO FINANCIAL GROUP 101-3007-60461 125.77Marketing & Tourism Promot…PRODUCTION EQUIPMENT-CAMERA AC…217363BMO FINANCIAL GROUP 101-3007-60461 993.55Marketing & Tourism Promot…PODCAST SIGNAGE217363BMO FINANCIAL GROUP 101-3007-60461 184.82Marketing & Tourism Promot…PRODUCTION EQUIPMENT RACK217363BMO FINANCIAL GROUP 101-3007-60461 1,738.91Marketing & Tourism Promot…PRODUCTION DRONE217363BMO FINANCIAL GROUP 101-3007-60461 103.30Marketing & Tourism Promot…PRODUCTION EQUIPMENT-MEMORY C…217363BMO FINANCIAL GROUP 101-3007-60461 675.00Prepaid Expense217363BMO FINANCIAL GROUP 101-0000-13600 675.00Prepaid Expense217363BMO FINANCIAL GROUP 101-0000-13600 675.00Prepaid Expense LEAGUE OF CA CONFERENCE MCMILLEN LEAGUE OF CA CONFERENCE L.EVANS LEAGUE OF CALIFORNIA C.MARTINEZ217363BMO FINANCIAL GROUP 101-0000-13600 675.00Prepaid ExpenseLEAGUE OF CA CONFERENCE S.SANCHEZ217363BMO FINANCIAL GROUP 101-0000-13600 675.00217363BMO FINANCIAL GROUP 101-0000-13600 675.00 LEAGUE OF CA CONFERENCE FITZPATRI… Prepaid Expense LEAGUE OF CA CONFERENCE PENA Prepaid Expense217363BMO FINANCIAL GROUP 101-0000-13600 141 Demand Register Packet: APPKT04238 - 07/18/25 DR 7/25/2025 6:40:01 PM Page 3 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 675.00Prepaid ExpenseLEAGUE OF CALIFORNIA D.MCGARREY217363BMO FINANCIAL GROUP 101-0000-13600 218.50Travel & Training06/03/2025 COUNCIL MEETING DINNER217363BMO FINANCIAL GROUP 101-1001-60320 75.00Travel & TrainingFUNDRAISER CHILDRENS DISCOVERY217363BMO FINANCIAL GROUP 101-1001-60320 65.00Travel & TrainingBIA OF SC MIXER S.SANCHEZ217363BMO FINANCIAL GROUP 101-1001-60320 74.98Travel & Training06/26/25 LUNCH MEETING217363BMO FINANCIAL GROUP 101-1001-60320 373.18Travel & Training06/17/25 COUNCIL MEETING DINNER217363BMO FINANCIAL GROUP 101-1001-60320 56.00Travel & Training06/03/2025 COUNCIL MEETING DESSERT217363BMO FINANCIAL GROUP 101-1001-60320 103.00Travel & TrainingCVAG GENERAL ASSEMBLY J.MCMILLEN…217363BMO FINANCIAL GROUP 101-1001-60320 205.50Travel & TrainingCVAG GENERAL ASSEMBLY217363BMO FINANCIAL GROUP 101-1001-60320 70.00Travel & TrainingCHAMBER MIXER J.PENA & L.EVANS217363BMO FINANCIAL GROUP 101-1001-60320 258.00Prepaid ExpenseARMA SUMMER CONF REG FOR N.MOR…217363BMO FINANCIAL GROUP 101-0000-13600 75.00Travel & TrainingIIMC - SOCIAL AWARENESS TRAINING217363BMO FINANCIAL GROUP 101-1005-60320 75.00Travel & TrainingIIMC - CONFLICT RESOLUTION217363BMO FINANCIAL GROUP 101-1005-60320 75.00Travel & TrainingIIMC - MANAGING UP TRAINING217363BMO FINANCIAL GROUP 101-1005-60320 796.90Prepaid Expense2025 MSA CONFERENCE B.TELLEZ217363BMO FINANCIAL GROUP 101-0000-13600 207.09Operating SuppliesM&O SUPPLIES-DRINKING WATER217363BMO FINANCIAL GROUP 101-7003-60420 139.74Operating SuppliesM&O SUPPLIES-DRINKING WATER217363BMO FINANCIAL GROUP 101-7003-60420 2,900.00Tools/EquipmentJACK HAMMER217363BMO FINANCIAL GROUP 101-7003-60432 864.43Tools/EquipmentJACK HAMMER BITS217363BMO FINANCIAL GROUP 101-7003-60432 234.60Travel & TrainingTRAINING SNACKS217363BMO FINANCIAL GROUP 101-1004-60320 25.00Credit Card FeesVISA CARD FEE217363BMO FINANCIAL GROUP 101-1006-60122 119.95Community ExperiencesSNACKS217363BMO FINANCIAL GROUP 101-3003-60149 1,263.53Materials/SuppliesPLANTS FROM ALL COLOR GROWER217363BMO FINANCIAL GROUP 101-3005-60431 1,166.98Materials/SuppliesPLANTS FROM ALL COLOR GROWER217363BMO FINANCIAL GROUP 101-3005-60431 -12.40Materials/SuppliesMATERIALS217363BMO FINANCIAL GROUP 101-3005-60431 118.94Materials/SuppliesPLANTS ALL COLOR GROWERS217363BMO FINANCIAL GROUP 101-3005-60431 -10.42Operating SuppliesOPERATING SUPPLIES-M&O EVENT217363BMO FINANCIAL GROUP 101-7003-60420 77.50Operating SuppliesOPERATING SUPPLIES-M&O EVENT217363BMO FINANCIAL GROUP 101-7003-60420 13.89Operating SuppliesOPERATING SUPPLIES-M&O EVENT217363BMO FINANCIAL GROUP 101-7003-60420 5.44Operating SuppliesOPERATING SUPPLIES-M&O EVENT217363BMO FINANCIAL GROUP 101-7003-60420 7.82Operating SuppliesOPERATING SUPPLIES-M&O EVENT217363BMO FINANCIAL GROUP 101-7003-60420 100.26Operating SuppliesOPERATING SUPPLIES-M&O EVENT217363BMO FINANCIAL GROUP 101-7003-60420 80.48Credit Card Fees05/01 - 05/31/25 - BMO CC VISA217363BMO FINANCIAL GROUP 101-1006-60122 340.00Travel & Training06/2025 - PERMIT TECH WEBINAR TRAIN…217369CALIFORNIA BUILDING OFFIC…101-6006-60320 90.00Travel & Training07/31/25 - WEBINAR TRAINING E.MOLI…217369CALIFORNIA BUILDING OFFIC…101-6006-60320 3,360.00Professional ServicesLQMC MUNICIPAL CODE CODIFICATION217371CIVICPLUS, LLC 101-1005-60103 1,784.68Professional ServicesFY25/26 LQ MUNI CODE ORDINANCES …217371CIVICPLUS, LLC 101-1005-60103 371.40Administrative Citation Servi…06/2025 - CODE CITATION PROCESSING217374DATA TICKET, INC.101-6004-60111 231.98Administrative Citation Servi…06/2025 - POLICE CITATION PROCESSING217374DATA TICKET, INC.101-6004-60111 5,975.00Maintenance/ServicesCIVIC CENTER CAMPUS DRAINAGE217375DESERT CONCEPTS CONSTR…101-3005-60691 2,880.00Maintenance/ServicesMAINTENANCE SERVICES217375DESERT CONCEPTS CONSTR…101-3005-60691 4,870.00Maintenance/ServicesCIVIC CENTER CAMPUS LAKE PUMP ELE…217375DESERT CONCEPTS CONSTR…101-3005-60691 3,200.00Supplies-Graffiti and Vandali…VANDALISM REPAIRS217375DESERT CONCEPTS CONSTR…101-3005-60423 4,056.49School Officer7/1/24-4/2/25 - BP# 1-10 RATE ADJ RES…217376DESERT SANDS UNIFIED SCH…101-2001-60168 14,193.17School Officer03/06-04/02/25 - BP #10 SCHOOL RESO…217376DESERT SANDS UNIFIED SCH…101-2001-60168 13,517.66School Officer04/03-04/30/25 - BP #11 SCHOOL RESO…217376DESERT SANDS UNIFIED SCH…101-2001-60168 1,556.03Materials/SuppliesCATCH BASINS/TRAFFIC GRATES/PARTS217377DESERT SEWER SUPPLY INC 101-3005-60431 383.03Materials/SuppliesCATCH BASIN/TRAFFIC GRATE217377DESERT SEWER SUPPLY INC 101-3005-60431 355.00Community Experiences08/26/25 - CHAIRS FOR H.LOPEZ VIGIL217378ESPINOZA, DAVID C.101-3003-60149 220.00Community Experiences09/11/25 - CHAIRS FOR 9/11 EVENT217378ESPINOZA, DAVID C.101-3003-60149 16.35Postage07/01/25 - OVERNIGHT MAIL217379FEDEX 101-1007-60470 234.15Garnishments PayableGARNISHMENT217380FRANCHISE TAX BOARD 101-0000-20985 535.68Cable/Internet - Utilities06/26-07/25/26 - POLICE INTERNET217381FRONTIER COMMUNICATIO…101-2001-61400 69.09UniformsCODE UNIFORMS J. CISNEROS217382GALLS LLC 101-6004-60690 50,402.00Professional ServicesFY 25/26 STVR PERMITTING SOFTWARE217384GOVOS, INC.101-1005-60103 1,795.42Travel & TrainingMARKETING CONFERENCE- M. GRAHAM217385GRAHAM, MARCIE 101-3007-60320 446.53Materials/SuppliesPANEL BRACKET217386GRAINGER 101-3008-60431 1,580.16Supplies - FieldCODE SOUND METERS217386GRAINGER 101-6004-60425 5,556.25Map/Plan CheckingFY24-25 PW ON-CALL CIVIL PLAN CHECK…217389HR GREEN PACIFIC INC 101-7002-60183 33.75Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 142 Demand Register Packet: APPKT04238 - 07/18/25 DR 7/25/2025 6:40:01 PM Page 4 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 202.50Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 57.50Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 57.50Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 115.00Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 202.50Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 57.50Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 135.00Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 303.75Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 135.00Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 270.00Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 67.50Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 345.00Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 270.00Plan Checks06/2025 - ONCALL BUILDING & SAFETY …217391INTERWEST CONSULTING G…101-6003-60118 3,500.00Contract Services - Administr…07/25 CITY LOBBYIST SERVICES217392JOE A GONSALVES & SON 101-1002-60101 104,340.05Marketing & Tourism Promot…06/2025 - MEDIA SERVICES217393MADDEN MEDIA 101-3007-60461 300.00Janitorial06/19/25 - CH CLEANING217394MERCHANTS BUILDING MAI…101-3008-60115 300.00Janitorial06/09/2025 - WC CARPET CLEANING217394MERCHANTS BUILDING MAI…101-3008-60115 200.00Annual Wellness Dollar Reim…FY 24/25 WELLNESS DOLLARS REIMB A.…217395MONTENEGRO, ALEXIS 101-1004-50252 10,640.00Fritz Burns Pool Maintenance07/2025 FRITZ POOL MAINTENANCE217396OCEAN SPRINGS TECH INC 101-3005-60184 1,649.00Maintenance/ServicesOWS SYSTEM AUDIT SERVICES217397OZONE WATER SYSTEMS 101-3005-60691 884.20PrintingBUSINESS CARDS217398PALMS TO PINES PRINTING 101-3007-60410 553.52Promotional ItemsPROMO ITEMS-LQ YOUTH COLL. NOTEB…217398PALMS TO PINES PRINTING 101-3007-60134 1,557.83PrintingFINANCE ENVELOPES217398PALMS TO PINES PRINTING 101-3007-60410 2,123.63Promotional ItemsPROMO ITEMS-COOLING SCARVES217398PALMS TO PINES PRINTING 101-3007-60134 276.07Operating SuppliesPARTS & LABOR FOR FITNESS EQUIPME…217399PAX FITNESS REPAIR 101-3002-60420 495.88Operating SuppliesPARTS & LABOR FOR FITNESS EQUIPME…217399PAX FITNESS REPAIR 101-3002-60420 500.00Operating Supplies07/2025 - FITNESS EQUIPMENT MAINT…217399PAX FITNESS REPAIR 101-3002-60420 341.36Temporary Agency Services07/04/25 - TEMP AGENCY SERVICES G.R…217400PROPER SOLUTIONS INC 101-1004-60125 682.72Temporary Agency Services07/11/25 TEMP AGENCY SERVICES G. RE…217400PROPER SOLUTIONS INC 101-1004-60125 668,334.84Sheriff Patrol05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60161 25,119.43Police Overtime05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60162 169,839.67Target Team05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60163 54,439.80Community Services Officer05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60164 17,499.20Gang Task Force05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60166 17,499.20Narcotics Task Force05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60167 165,321.09Motor Officer05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60169 51,768.50Dedicated Sargeants05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60170 27,235.20Dedicated Lieutenant05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60171 45,607.91Sheriff - Mileage05/01-05/28/25 - BP #12 POLICE SERVIC…217404RIVERSIDE COUNTY SHERIFF …101-2001-60172 1,624.44Sheriff - Other05/24-06/25/25 - MOTOR FUEL CHARGES217404RIVERSIDE COUNTY SHERIFF …101-2001-60176 200.00Annual Wellness Dollar Reim…FY24/25 WELLNESS DOLLARS REIMB T.S…217406SANCHEZ, TOMMI 101-1004-50252 9,010.48Lot Cleaning/Gravel ProgramLOT ABATEMENT-MONROE & AVE 60 C…217407SERVPRO 101-6004-60120 157.50InstructorsBALLROOM BEG DI CLASSES217408SHIRY, TERESA 101-3002-60107 87.50InstructorsBALLROOM BEGINNING CLASSES217408SHIRY, TERESA 101-3002-60107 979.00Sales Taxes Payable04/01-06/30/25 - USE TAXES217409SILVERROCK RESORT 101-0000-20304 660.00Civic Center Lake Maintenan…LAKEMAINTENANCE WORK217410SOUTHWEST AQUATICS INC 101-3005-60117 923.29Lot Cleaning/Gravel ProgramGRAVEL PROGRAM217411SOUTHWEST BOULDER & ST…101-6004-60120 194.91Office SuppliesOFFICE SUPPLIES217412STAPLES ADVANTAGE 101-3001-60400 181.53Office SuppliesARCHIVE PAPER & NOTEPADS217412STAPLES ADVANTAGE 101-1005-60400 552.59Forms, Copier PaperCITYWIDE PRINTING PAPER217412STAPLES ADVANTAGE 101-1007-60402 104.55Office SuppliesOFFICE SUPPLIES217412STAPLES ADVANTAGE 101-3005-60400 52.78Citywide SuppliesBREAKROOM SUPPLIES217412STAPLES ADVANTAGE 101-1007-60403 156.14Citywide SuppliesBREAKROOM SUPPLIES217412STAPLES ADVANTAGE 101-1007-60403 95.00Consultants/Employee Servic…06/18/25 - RANDOM DOT TESTING217413TAG/AMS INC 101-1004-60104 6,408.75Professional Services04/2025-06/2025 ON-CALL PLANNING S…217414TERRA NOVA PLANNING & R…101-6002-60103 115.00Special Enforcement Funds6/19-07/17/25 - POLICE GPS LOCATE LA…217415T-MOBILE 101-2001-60175 50.00Special Enforcement Funds6/10-06/17/25 - POLICE TIMING ADVAN…217415T-MOBILE 101-2001-60175 221.96Telephone - Utilities06/23-07/22/25 - EOC PHONE SERVICE217416TPX COMMUNICATIONS 101-2002-61300 378.82Materials/SuppliesMATERIALS217418TRI-STATE MATERIALS INC 101-3005-60431 108.00United Way DeductionsCONTRIBUTION217419UNITED WAY OF THE DESERT 101-0000-20981 143 Demand Register Packet: APPKT04238 - 07/18/25 DR 7/25/2025 6:40:01 PM Page 5 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number 60.50Recruiting/Pre-Employment06/2025 - PRE-EMPLOYMENT BACKGRO…217420USA-FACT,INC.101-1004-60129 1,267.52Maintenance/ServicesMAINTENANCE SERVICES217422VINTAGE E & S INC 101-3005-60691 86,309.09VGPS - Visit Greater Palm Spr…FY 25/26 Q1 CITY FUNDING217423VISIT GREATER PALM SPRINGS 101-3007-60151 Fund 101 - GENERAL FUND Total:1,652,911.80 Fund: 201 - GAS TAX FUND 244.63Safety GearNEW EMPL SAFETY BOOTS L.URIAS217363BMO FINANCIAL GROUP 201-7003-60427 161.48Safety GearNEW EMPL SAFETY BOOTS J.MEJIA217363BMO FINANCIAL GROUP 201-7003-60427 188.40Safety GearNEW EMPL SAFETY BOOTS E.GAMEZVA…217363BMO FINANCIAL GROUP 201-7003-60427 161.48Safety GearNEW EMPL SAFETY BOOTS E.LOPEZCOR…217363BMO FINANCIAL GROUP 201-7003-60427 28.26Materials/SuppliesPROPANE217363BMO FINANCIAL GROUP 201-7003-60431 28.26Materials/SuppliesPROPANE217363BMO FINANCIAL GROUP 201-7003-60431 33.75Materials/SuppliesM&O SUPPLIES217363BMO FINANCIAL GROUP 201-7003-60431 16.30Materials/SuppliesM&O SUPPLIES217363BMO FINANCIAL GROUP 201-7003-60431 1,359.16Paint/LegendsPAINT GLASS BEADS217383GOLDSTAR ASPHALT PRODU…201-7003-60433 Fund 201 - GAS TAX FUND Total:2,221.72 Fund: 215 - LIGHTING & LANDSCAPING FUND 43.50Safety GearSAFETY GEAR217363BMO FINANCIAL GROUP 215-7004-60427 130.00Travel & TrainingMSA TRAINING E.GAMEZ-VASQUEZ217363BMO FINANCIAL GROUP 215-7004-60320 63.57Operating SuppliesOPERATING SUPPLIES217363BMO FINANCIAL GROUP 215-7004-60420 27.00Travel & TrainingTRAVEL & TRAINING217363BMO FINANCIAL GROUP 215-7004-60320 1,464.97Materials/SuppliesPLANTS FROM ALL COLOR GROWER217363BMO FINANCIAL GROUP 215-7004-60431 2,849.25Materials/SuppliesPLANTS217403RED TERRA NURSERY, LLC 215-7004-60431 300.00Maintenance/ServicesPALM TREE LIGHT CHANGING COLOR SE…217405ROTOLIGHTNG, INC 215-7004-60691 300.00Maintenance/ServicesPALM TREE LIGHT CHANGING COLOR SE…217405ROTOLIGHTNG, INC 215-7004-60691 4,830.91Materials/SuppliesMATERIALS217411SOUTHWEST BOULDER & ST…215-7004-60431 112.36Operating SuppliesOFFICE SUPPLIES217412STAPLES ADVANTAGE 215-7004-60420 2,488.00Materials/SuppliesMATERIALS217418TRI-STATE MATERIALS INC 215-7004-60431 3,400.00Maintenance/ServicesWEED ABATEMENT217421VINTAGE ASSOCIATES 215-7004-60691 2,960.00Maintenance/ServicesWEED ABATEMENT217421VINTAGE ASSOCIATES 215-7004-60691 Fund 215 - LIGHTING & LANDSCAPING FUND Total:18,969.56 Fund: 241 - HOUSING AUTHORITY 46.74Operating SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 241-9101-60420 54.39Operating SuppliesSUPPLIES FOR HOUSING AUTHORITY217363BMO FINANCIAL GROUP 241-9101-60420 9,800.00Building/Site ImprovementsDPME MAINTENANCE - LOT IMPROVEM…217401PWLC II, INC 241-9104-72110 6,143.43Building/Site ImprovementsMATERIALS/SITE IMPROVEMENTS217418TRI-STATE MATERIALS INC 241-9104-72110 3,068.36Building/Site ImprovementsMATERIALS/SITE IMPROVEMENTS217418TRI-STATE MATERIALS INC 241-9104-72110 1,520.13Building/Site ImprovementsMATERIALS/SITE IMPROVEMENTS217418TRI-STATE MATERIALS INC 241-9104-72110 Fund 241 - HOUSING AUTHORITY Total:20,633.05 Fund: 243 - RDA LOW-MOD HOUSING FUND 125,000.00Homelessness AssistanceFY25/26 HOMELESS PREVENTION PROG…217372COACHELLA VALLEY ASSOC O…243-0000-60532 Fund 243 - RDA LOW-MOD HOUSING FUND Total:125,000.00 Fund: 247 - ECONOMIC DEVELOPMENT FUND 139.61Marketing & Tourism Promot…MARKETING VIDEOS217363BMO FINANCIAL GROUP 247-0000-60461 Fund 247 - ECONOMIC DEVELOPMENT FUND Total:139.61 Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS 700.00DesignREVIEW CULTURAL CAMPUS ST VACATI…217402RASA/ERIC NELSON 401-0000-60185 487.50Design04/2025-06/2025 AVE 50 PLANNING W…217414TERRA NOVA PLANNING & R…401-0000-60185 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total:1,187.50 Fund: 501 - FACILITY & FLEET REPLACEMENT 957.18Parts, Accessories, and UpfitsVEHICLE UPGRADES217363BMO FINANCIAL GROUP 501-0000-60675 2,460.00Parts, Accessories, and UpfitsWINDOW TINTING CODE VEHICLES217363BMO FINANCIAL GROUP 501-0000-60675 104.86Fuel & OilFUEL217363BMO FINANCIAL GROUP 501-0000-60674 33.00Vehicle Repair & Maintenan…VEHILCE MAINTENANCE217363BMO FINANCIAL GROUP 501-0000-60676 968.36Vehicle Repair & Maintenan…2016 FORD ESCAPE VIN #A29883 MAIN…217373DANIEL'S TIRE SERVICE, INC.501-0000-60676 985.27Vehicle Repair & Maintenan…2017 CHEVY SILVERADO VIN #Z176837 …217373DANIEL'S TIRE SERVICE, INC.501-0000-60676 510.00Vehicle Repair & Maintenan…VEHICLE WASHES217388HILARIO, BENJAMIN 501-0000-60676 Fund 501 - FACILITY & FLEET REPLACEMENT Total:6,018.67 144 Demand Register Packet: APPKT04238 - 07/18/25 DR 7/25/2025 6:40:01 PM Page 6 of 9 AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 502 - INFORMATION TECHNOLOGY 18,868.69Machinery & EquipmentEQUIPMENT FOR CIVIC CENTER CAMPUS…217363BMO FINANCIAL GROUP 502-0000-80100 400.00Prepaid ExpenseMOBILE SVC MGNT 06/28 - 07/28/25217363BMO FINANCIAL GROUP 502-0000-13600 19.99Software LicensesADOBE SUBSCRIPTION FOR CITY CLERK217363BMO FINANCIAL GROUP 502-0000-60301 499.00Software Licenses06/2025 EMAIL PROTECTION SOFTWARE217363BMO FINANCIAL GROUP 502-0000-60301 263.88Software LicensesADOBE SUBSCRIPTION FOR D.HANSEN217363BMO FINANCIAL GROUP 502-0000-60301 379.46Operating SuppliesOPERATING SUPPLIES217363BMO FINANCIAL GROUP 502-0000-60420 274.54Operating SuppliesIT STOCK SUPPLIES217363BMO FINANCIAL GROUP 502-0000-60420 41.55Operating SuppliesOFFICE SUPPLIES217363BMO FINANCIAL GROUP 502-0000-60420 283.83Operating SuppliesOPERATING SUPPLIES-FLASH DRIVE217363BMO FINANCIAL GROUP 502-0000-60420 1,093.36Operating SuppliesSTOCK SUPPLIES-MONITORS217363BMO FINANCIAL GROUP 502-0000-60420 54.70Operating SuppliesSTOCK SUPPLIES217363BMO FINANCIAL GROUP 502-0000-60420 435.96Operating SuppliesOPERATING SUPPLIES-HEADSET/FLASH …217363BMO FINANCIAL GROUP 502-0000-60420 282.60Operating SuppliesIT SUPPLIES-IPAD CASES217363BMO FINANCIAL GROUP 502-0000-60420 87.99Cable/Internet - Utilities06/2025 HULU SUBSCRIPTION217363BMO FINANCIAL GROUP 502-0000-61400 1,243.09ComputersMACBOOK FOR J.PENA217363BMO FINANCIAL GROUP 502-0000-80103 4,012.83Software Licenses07/01/25-06/30/26 - ASSET MANAGEM…217370CARAHSOFT TECHNOLOGY C…502-0000-60301 25,140.77Software Licenses06/24/25-06/23/26 CITYWIDE HOSTING…217387GRANICUS 502-0000-60301 13,446.05Machinery & Equipment10 APPLE 13-INCH IPAD PRO WI-FI 256G…217390INSIGHT PUBLIC SECTOR, INC.502-0000-80100 3,832.50Telephone - Utilities06/23-07/22/25 - PHONE SERVICE217416TPX COMMUNICATIONS 502-0000-61300 7,740.00Software LicensesFY 25/26 INVESTMENT SOFTWARE217417TRACKER,, A DIVISION OF C2,…502-0000-60301 42,092.92Consultants05/2025 - IT SERVICES217424VISUAL EDGE IT, INC.502-0000-60104 54,083.20ComputersLAPTOPS FOR IT STOCK217424VISUAL EDGE IT, INC.502-0000-80103 Fund 502 - INFORMATION TECHNOLOGY Total:174,576.91 Fund: 503 - PARK EQUIP & FACILITY FUND 3,875.00ParksCIVIC CENTER CAMPUS BOLLARD217375DESERT CONCEPTS CONSTR…503-0000-71060 Fund 503 - PARK EQUIP & FACILITY FUND Total:3,875.00 Fund: 504 - INSURANCE FUND 1,800.00Crime Insurance07/1/25-07/01/26 - CRIME INSURANCE217361ALLIANT INSURANCE SERVIC…504-1010-60446 21.74Operating SuppliesOPERATING SUPPLIES217363BMO FINANCIAL GROUP 504-1010-60420 44.96Operating SuppliesOFFICE SUPPLIES-ERGO FOOT RESTS217363BMO FINANCIAL GROUP 504-1010-60420 2,752.99Operating SuppliesOPERATING SUPPLIES-ERGO DISPLAY ST…217363BMO FINANCIAL GROUP 504-1010-60420 56.81Operating SuppliesOPERATING SUPPLIES217363BMO FINANCIAL GROUP 504-1010-60420 41.06Operating SuppliesOPERATING SUPPLIES217363BMO FINANCIAL GROUP 504-1010-60420 Fund 504 - INSURANCE FUND Total:4,717.56 Grand Total:2,010,251.38 145 Demand Register Packet: APPKT04238 - 07/18/25 DR 7/25/2025 6:40:01 PM Page 7 of 9 Fund Summary Fund Expense Amount 101 - GENERAL FUND 1,652,911.80 201 - GAS TAX FUND 2,221.72 215 - LIGHTING & LANDSCAPING FUND 18,969.56 241 - HOUSING AUTHORITY 20,633.05 243 - RDA LOW-MOD HOUSING FUND 125,000.00 247 - ECONOMIC DEVELOPMENT FUND 139.61 401 - CAPITAL IMPROVEMENT PROGRAMS 1,187.50 501 - FACILITY & FLEET REPLACEMENT 6,018.67 502 - INFORMATION TECHNOLOGY 174,576.91 503 - PARK EQUIP & FACILITY FUND 3,875.00 504 - INSURANCE FUND 4,717.56 Grand Total:2,010,251.38 Account Summary Account Number Account Name Expense Amount 101-0000-13600 Prepaid Expense 10,480.04 101-0000-20304 Sales Taxes Payable 979.00 101-0000-20981 United Way Deductions 108.00 101-0000-20985 Garnishments Payable 234.15 101-1001-60320 Travel & Training 1,239.18 101-1001-60420 Operating Supplies 78.28 101-1002-60101 Contract Services - Admi…3,500.00 101-1002-60320 Travel & Training 49.50 101-1002-60400 Office Supplies 263.09 101-1004-50252 Annual Wellness Dollar …992.42 101-1004-60104 Consultants/Employee S…95.00 101-1004-60125 Temporary Agency Servi…1,024.08 101-1004-60129 Recruiting/Pre-Employm…341.72 101-1004-60320 Travel & Training 407.82 101-1004-60340 Employee Recognition E…1,819.24 101-1004-60400 Office Supplies 69.87 101-1004-60420 Operating Supplies 27.88 101-1005-60103 Professional Services 55,546.68 101-1005-60320 Travel & Training 225.00 101-1005-60400 Office Supplies 791.30 101-1006-60122 Credit Card Fees 105.48 101-1006-60320 Travel & Training 75.00 101-1006-60352 Subscriptions & Publicat…199.00 101-1006-60400 Office Supplies 16.38 101-1007-60401 Operating Supplies 82.55 101-1007-60402 Forms, Copier Paper 552.59 101-1007-60403 Citywide Supplies 277.23 101-1007-60470 Postage 16.35 101-2001-60161 Sheriff Patrol 668,334.84 101-2001-60162 Police Overtime 25,119.43 101-2001-60163 Target Team 169,839.67 101-2001-60164 Community Services Offi…54,439.80 101-2001-60166 Gang Task Force 17,499.20 101-2001-60167 Narcotics Task Force 17,499.20 101-2001-60168 School Officer 31,767.32 101-2001-60169 Motor Officer 165,321.09 101-2001-60170 Dedicated Sargeants 51,768.50 101-2001-60171 Dedicated Lieutenant 27,235.20 101-2001-60172 Sheriff - Mileage 45,607.91 101-2001-60175 Special Enforcement Fu…259.55 101-2001-60176 Sheriff - Other 1,624.44 101-2001-60420 Operating Supplies 222.94 101-2001-61400 Cable/Internet - Utilities 535.68 101-2002-60320 Travel & Training 70.88 146 Demand Register Packet: APPKT04238 - 07/18/25 DR 7/25/2025 6:40:01 PM Page 8 of 9 Account Summary Account Number Account Name Expense Amount 101-2002-60400 Office Supplies 180.51 101-2002-60406 Disaster Prep Supplies 450.00 101-2002-60545 Small Tools & Equipment 218.73 101-2002-60670 Fire Station 459.60 101-2002-61300 Telephone - Utilities 221.96 101-2002-61304 Mobile/Cell Phones/Sate…374.00 101-3001-60400 Office Supplies 194.91 101-3002-60107 Instructors 1,768.70 101-3002-60420 Operating Supplies 1,356.70 101-3003-60149 Community Experiences 710.04 101-3003-60157 Rental Expense 770.00 101-3005-60117 Civic Center Lake Maint…660.00 101-3005-60184 Fritz Burns Pool Mainten…10,640.00 101-3005-60400 Office Supplies 104.55 101-3005-60423 Supplies-Graffiti and Va…3,200.00 101-3005-60427 Safety Gear 422.80 101-3005-60431 Materials/Supplies 10,209.48 101-3005-60691 Maintenance/Services 16,641.52 101-3007-60134 Promotional Items 2,677.15 101-3007-60151 VGPS - Visit Greater Palm…86,309.09 101-3007-60320 Travel & Training 1,970.42 101-3007-60351 Membership Dues 265.95 101-3007-60410 Printing 2,442.03 101-3007-60461 Marketing & Tourism Pr…114,283.84 101-3008-60115 Janitorial 600.00 101-3008-60431 Materials/Supplies 1,600.13 101-6001-60400 Office Supplies 171.12 101-6001-60420 Operating Supplies 250.33 101-6002-60103 Professional Services 6,408.75 101-6003-60118 Plan Checks 2,252.50 101-6004-60111 Administrative Citation …603.38 101-6004-60120 Lot Cleaning/Gravel Prog…9,933.77 101-6004-60320 Travel & Training 148.01 101-6004-60425 Supplies - Field 3,724.57 101-6004-60690 Uniforms 69.09 101-6005-60320 Travel & Training 70.25 101-6006-60320 Travel & Training 1,627.00 101-7001-60320 Travel & Training 532.00 101-7002-60183 Map/Plan Checking 5,556.25 101-7002-60320 Travel & Training 266.08 101-7003-60320 Travel & Training 532.00 101-7003-60420 Operating Supplies 541.32 101-7003-60432 Tools/Equipment 3,827.87 101-7006-60320 Travel & Training 922.92 201-7003-60427 Safety Gear 755.99 201-7003-60431 Materials/Supplies 106.57 201-7003-60433 Paint/Legends 1,359.16 215-7004-60320 Travel & Training 157.00 215-7004-60420 Operating Supplies 175.93 215-7004-60427 Safety Gear 43.50 215-7004-60431 Materials/Supplies 11,633.13 215-7004-60691 Maintenance/Services 6,960.00 241-9101-60420 Operating Supplies 101.13 241-9104-72110 Building/Site Improvem…20,531.92 243-0000-60532 Homelessness Assistance 125,000.00 247-0000-60461 Marketing & Tourism Pr…139.61 401-0000-60185 Design 1,187.50 501-0000-60674 Fuel & Oil 104.86 147 Demand Register Packet: APPKT04238 - 07/18/25 DR 7/25/2025 6:40:01 PM Page 9 of 9 Account Summary Account Number Account Name Expense Amount 501-0000-60675 Parts, Accessories, and …3,417.18 501-0000-60676 Vehicle Repair & Maint…2,496.63 502-0000-13600 Prepaid Expense 400.00 502-0000-60104 Consultants 42,092.92 502-0000-60301 Software Licenses 37,676.47 502-0000-60420 Operating Supplies 2,846.00 502-0000-61300 Telephone - Utilities 3,832.50 502-0000-61400 Cable/Internet - Utilities 87.99 502-0000-80100 Machinery & Equipment 32,314.74 502-0000-80103 Computers 55,326.29 503-0000-71060 Parks 3,875.00 504-1010-60420 Operating Supplies 2,917.56 504-1010-60446 Crime Insurance 1,800.00 Grand Total:2,010,251.38 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**1,918,221.93**None****None** 201804E 7,318.91Landscape & Lighting Median Islan…Landscape & Lighting Median Island Improvements 201901D 700.00Design Expense Village Art Plaza Promenade & Cultural Campus 202205D 487.50Design Expense Avenue 50 Widening Improvements (Jeff to Madison) 202215E 9,800.00Landscape Maintenance Refurbis…Landscape Maint Refurbishment-PWLC II Inc 202216E 17,920.00General PW Maint - Desert Concep…General PW Maintenance - Desert Concepts 202330E 4,147.52Park Landscape Maintenance Servi…Park Landscape Maintenance Services 9/11E 220.00September 11 Vigil Expense September 11 Vigil CSA152E 125.00CSA 152 Expenses CSA 152 Project Tracking LQYCE 553.52La Quinta Youth Collective Expens…La Quinta Youth Collective SABE 355.00Hunter Lopez Saber Light Vigil Exp…Hunter Lopez Saber Light Vigil STVRE 50,402.00Short Term Vacation Rental Expen…Short Term Vacation Rental Tracking Grand Total:2,010,251.38 *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. 148 City of La Quinta Bank Transactions 06/30/2025-07/18/2025 Wire Transaction Listed below are the wire transfers from 06/30/2025-07/18/2025. Wire Transfers: 07/01/2025 - WIRE TRANSFER - LANDMARK $197,684.00 07/02/2025 - WIRE TRANSFER - LANDMARK $179,681.69 07/04/2025 - WIRE TRANSFER - CALPERS $625.59 07/07/2025 - WIRE TRANSFER - CALPERS $6,333.57 07/07/2025 - WIRE TRANSFER - CALPERS $15,430.48 07/07/2025 - WIRE TRANSFER - CALPERS $37,000.79 07/07/2025 - WIRE TRANSFER - MISSION SQUARE $50.00 07/07/2025 - WIRE TRANSFER - LQCEA $594.00 07/07/2025 - WIRE TRANSFER - MISSION SQUARE $4,155.00 07/07/2025 - WIRE TRANSFER - MISSION SQUARE $18,100.00 07/07/2025 - WIRE TRANSFER - MISSION SQUARE $26,168.58 07/08/2025 - WIRE TRANSFER - STERLING $1,513.95 07/09/2025 - WIRE TRANSFER - CALPERS $163,204.21 07/10/2025 - WIRE TRANSFER - SILVERROCK PHASE 1 LLC(1)$602,285.69 07/11/2025 - WIRE TRANSFER - CALPERS $1,308.54 07/11/2025 - WIRE TRANSFER - CALPERS $6,329.00 07/16/2025 - WIRE TRANSFER - J&H ASSET PROPERTY MANAGEMENT, INC.$40,806.25 07/18/2025 - WIRE TRANSFER - CALPERS $6,348.33 07/18/2025 - WIRE TRANSFER - CALPERS $15,465.31 07/18/2025 - WIRE TRANSFER - CALPERS $37,705.70 07/18/2025 - WIRE TRANSFER - LANDMARK $222,511.47 TOTAL WIRE TRANSFERS OUT $1,583,302.15 (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 2 149 City of La Quinta Purchase Orders 04/1/25 – 06/30/25 Purchase Orders Listed below are Purchase Orders issued from 04/1/25 – 06/30/25 with a value between $25,000 and $50,000 for City Council review. Vendor P.O Number Amount Purpose Arborpro, Inc.2425-0211 30,000.00$ Arborist Inspection Services BMW Motorcycles of Escondido 2425-0234 38,409.11$ Purchase Police Motorcycle ATTACHMENT 3 150 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS COMPANY DATED APRIL 18, MAY 16, JUNE 13, AND JULY 11, 2025 RECOMMENDATION Approve demand registers for Southern California Gas Company dated April 18, May 16, June 13, and July 11, 2025. EXECUTIVE SUMMARY – None FISCAL IMPACT Demand of Cash: City 11,614.62$ Successor Agency of RDA -$ Housing Authority -$ 11,614.62$ BACKGROUND/ANALYSIS Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for Southern California Gas Company dated April 18, May 16, June 13, and July 11, 2025. Warrants Issued: 216668 5,088.72$ 216904 3,235.91$ 217116 2,758.18$ 217360 531.81$ 11,614.62$ Prepared by: Jesse Batres, Finance Technician Approved by: Rosemary Hallick, Principal Management Analyst Attachment: 1. Demand Registers CONSENT CALENDAR ITEM NO. 15 151 7/28/2025 11:38:06 AM Page 1 of 2 Demand Register Packet: APPKT04142 - 04/18/2025 DR SOCAL GAS AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 48.58Gas - Utilities/Propane02/20-03/21/25 - FS #32 GAS SVC216668THE GAS COMPANY 101-2002-61100 1,258.27Gas - Utilities02/20-03/21/25 - CH GAS SVC216668THE GAS COMPANY 101-3008-61100 3,280.15Gas-Utilities FB Pool02/20-03/21/25 - FB POOL GAS SVC216668THE GAS COMPANY 101-3005-61100 170.68Gas - Utilities02/20-03/21/25 - WC GAS SVC216668THE GAS COMPANY 101-3008-61100 124.22Gas - Utilities/Propane02/27-03/28/25 - FS #93 GAS SVC216668THE GAS COMPANY 101-2002-61100 Fund 101 - GENERAL FUND Total:4,881.90 Fund: 202 - LIBRARY & MUSEUM FUND 180.55Gas - Utilities02/20-03/21/25 - LIBRARY GAS SVC216668THE GAS COMPANY 202-3004-61100 Fund 202 - LIBRARY & MUSEUM FUND Total:180.55 Fund: 501 - FACILITY & FLEET REPLACEMENT 26.27Street Sweeper03/2025 - SWEEPER FUEL216668THE GAS COMPANY 501-0000-60678 Fund 501 - FACILITY & FLEET REPLACEMENT Total:26.27 Grand Total:5,088.72 ATTACHMENT 1 152 Demand Register Packet: APPKT04142 - 04/18/2025 DR SOCAL GAS 7/28/2025 11:38:06 AM Page 2 of 2 Fund Summary Fund Expense Amount 101 - GENERAL FUND 4,881.90 202 - LIBRARY & MUSEUM FUND 180.55 501 - FACILITY & FLEET REPLACEMENT 26.27 Grand Total:5,088.72 Account Summary Account Number Account Name Expense Amount 101-2002-61100 Gas - Utilities/Propane 172.80 101-3005-61100 Gas-Utilities FB Pool 3,280.15 101-3008-61100 Gas - Utilities 1,428.95 202-3004-61100 Gas - Utilities 180.55 501-0000-60678 Street Sweeper 26.27 Grand Total:5,088.72 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**5,062.45**None****None** CSA152E 26.27CSA 152 Expenses CSA 152 Project Tracking Grand Total:5,088.72 *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. 153 7/28/2025 11:38:39 AM Page 1 of 2 Demand Register Packet: APPKT04167 - 05/16/2025 SOCAL GAS AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 50.43Gas - Utilities/Propane03/21-04/21/25 - FS #32 GAS SVC216904THE GAS COMPANY 101-2002-61100 677.96Gas - Utilities03/21-04/21/25 - CH GAS SVC216904THE GAS COMPANY 101-3008-61100 2,198.60Gas-Utilities FB Pool03/21-04/21/25 - FB POOL GAS SVC216904THE GAS COMPANY 101-3005-61100 162.21Gas - Utilities03/21-04/21/25 - WC GAS SVC216904THE GAS COMPANY 101-3008-61100 125.92Gas - Utilities/Propane03/28-04/28/25 - FS #93 GAS SVC216904THE GAS COMPANY 101-2002-61100 Fund 101 - GENERAL FUND Total:3,215.12 Fund: 202 - LIBRARY & MUSEUM FUND 20.79Gas - Utilities03/21-04/21/25 - LIBRARY GAS SVC216904THE GAS COMPANY 202-3004-61100 Fund 202 - LIBRARY & MUSEUM FUND Total:20.79 Grand Total:3,235.91 154 Demand Register Packet: APPKT04167 - 05/16/2025 SOCAL GAS 7/28/2025 11:38:39 AM Page 2 of 2 Fund Summary Fund Expense Amount 101 - GENERAL FUND 3,215.12 202 - LIBRARY & MUSEUM FUND 20.79 Grand Total:3,235.91 Account Summary Account Number Account Name Expense Amount 101-2002-61100 Gas - Utilities/Propane 176.35 101-3005-61100 Gas-Utilities FB Pool 2,198.60 101-3008-61100 Gas - Utilities 840.17 202-3004-61100 Gas - Utilities 20.79 Grand Total:3,235.91 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**3,235.91**None****None** Grand Total:3,235.91 *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. 155 7/28/2025 11:39:00 AM Page 1 of 2 Demand Register Packet: APPKT04194 - 06/13/25 DR AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 37.84Gas - Utilities/Propane04/21-05/20/25 - FS #32 GAS SVC217116THE GAS COMPANY 101-2002-61100 690.04Gas - Utilities04/21-05/20/25 - CH GAS SVC217116THE GAS COMPANY 101-3008-61100 1,766.44Gas-Utilities FB Pool04/21-05/20/25 - FB POOL GAS SVC217116THE GAS COMPANY 101-3005-61100 127.16Gas - Utilities04/21-05/20/25 - WC GAS SVC217116THE GAS COMPANY 101-3008-61100 109.10Gas - Utilities/Propane04/28-05/28/25 - FS #93 GAS SVC217116THE GAS COMPANY 101-2002-61100 Fund 101 - GENERAL FUND Total:2,730.58 Fund: 202 - LIBRARY & MUSEUM FUND 14.33Gas - Utilities04/21-05/20/25 - LIBRARY GAS SVC217116THE GAS COMPANY 202-3004-61100 Fund 202 - LIBRARY & MUSEUM FUND Total:14.33 Fund: 501 - FACILITY & FLEET REPLACEMENT 13.27Street Sweeper04/2025 - SWEEPER FUEL217116THE GAS COMPANY 501-0000-60678 Fund 501 - FACILITY & FLEET REPLACEMENT Total:13.27 Grand Total:2,758.18 156 Demand Register Packet: APPKT04194 - 06/13/25 DR 7/28/2025 11:39:00 AM Page 2 of 2 Fund Summary Fund Expense Amount 101 - GENERAL FUND 2,730.58 202 - LIBRARY & MUSEUM FUND 14.33 501 - FACILITY & FLEET REPLACEMENT 13.27 Grand Total:2,758.18 Account Summary Account Number Account Name Expense Amount 101-2002-61100 Gas - Utilities/Propane 146.94 101-3005-61100 Gas-Utilities FB Pool 1,766.44 101-3008-61100 Gas - Utilities 817.20 202-3004-61100 Gas - Utilities 14.33 501-0000-60678 Street Sweeper 13.27 Grand Total:2,758.18 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**2,758.18**None****None** Grand Total:2,758.18 *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. 157 7/28/2025 2:37:36 PM Page 1 of 2 Demand Register Packet: APPKT04232 - 07/11/2025 SOCAL GAS DR AmountVendor Name Payment Number Description (Item)Account Name Account Number Fund: 101 - GENERAL FUND 42.42Gas - Utilities/Propane05/20-06/19/25 - FS #32 GAS SVC217360THE GAS COMPANY 101-2002-61100 244.42Gas-Utilities FB Pool05/20-06/19/25 - FB POOL GAS SVC217360THE GAS COMPANY 101-3005-61100 114.71Gas - Utilities05/20-06/19/25 - WC GAS SVC217360THE GAS COMPANY 101-3008-61100 104.17Gas - Utilities/Propane05/28-06/26/25 - FS #93 GAS SVC217360THE GAS COMPANY 101-2002-61100 Fund 101 - GENERAL FUND Total:505.72 Fund: 501 - FACILITY & FLEET REPLACEMENT 26.09Street Sweeper05/2025 & 06/2025 - SWEEPER FUEL217360THE GAS COMPANY 501-0000-60678 Fund 501 - FACILITY & FLEET REPLACEMENT Total:26.09 Grand Total:531.81 158 Demand Register Packet: APPKT04232 - 07/11/2025 SOCAL GAS DR 7/28/2025 2:37:36 PM Page 2 of 2 Fund Summary Fund Expense Amount 101 - GENERAL FUND 505.72 501 - FACILITY & FLEET REPLACEMENT 26.09 Grand Total:531.81 Account Summary Account Number Account Name Expense Amount 101-2002-61100 Gas - Utilities/Propane 146.59 101-3005-61100 Gas-Utilities FB Pool 244.42 101-3008-61100 Gas - Utilities 114.71 501-0000-60678 Street Sweeper 26.09 Grand Total:531.81 Project Account Summary Project Account Key Expense AmountProject Account Name Project Name **None**505.72**None****None** CSA152E 26.09CSA 152 Expenses CSA 152 Project Tracking Grand Total:531.81 *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. 159 160 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: APPROVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR ANIMAL SHELTER, FIELD AND LICENSING SERVICES RECOMMENDATION Approve agreement with County of Riverside, as drafted, for animal shelter, field, and licensing services; authorize the City Manager to approve minor revisions to the agreement that do not alter the intent of the agreement; and authorize the City Manager to execute the agreement. EXECUTIVE SUMMARY •Since 2016, the City has contracted with Riverside County Department of Animal Services (RCDAS) for animal shelter, field, and licensing services. •The proposed Agreement (Attachment 1) contracts services with RCDAS from July 1, 2025, through June 30, 2028. •All service levels will remain unchanged, and the City will receive detailed monthly reports on field services. FISCAL IMPACT The estimated cost for fiscal year (FY) 2025/26 is $398,661. This is based on the new rates proposed by the Riverside County Executive Office, which are scheduled to be presented to the Board of Supervisors in August. Compared to last year’s budget, the new estimated cost is 7.22% higher. The rates increase is due to full cost recovery by RCDAS. The contract amount is included in the Code Compliance Budget, Animal Shelter Contract Service Account (Account No. 101-6004-60197). Revenue from dog licensing fees collected by the County will be credited back as a reduction on the billing statement. In FY 2025/26, the licensing fee revenue is estimated to be $30,000. BACKGROUND/ANALYSIS In 2016, the City contracted with RCDAS to provide comprehensive animal services, encompassing shelter operations, licensing, and field operations. As part of this BUSINESS SESSION ITEM NO. 1 161 agreement, a dedicated Animal Control Officer is assigned to the City, tasked with patrolling neighborhoods, enforcing animal-related laws, and engaging with the community. Their responsibilities include issuing citations, impounding animals, overseeing shelter operations, and managing the licensing process. This collaboration ensures that La Quinta residents receive consistent and effective animal control services, contributing to public safety and responsible pet ownership. Both City and RCDAS understand the importance of residents’ safety and customer service. Services are evaluated on a regular basis to add special programs based on community needs, such as early patrols at parks and hiking trails to enforce leash law. Main services included in this agreement are: •One full-time animal control officer, •After-hours emergency services, •RCDAS dog license renewals, •Access to Coachella Valley Animal Campus (CVAC) (Thousand Palms), •RCDAS vehicles and equipment, •Option for extended service hours (e.g. weekend/holidays); and •At least two Spay and Neuter Clinics per fiscal year (additional fee). On February 4, 2025, Riverside County appointed Mary Martin as the new Director of RCDAS. She has extensive experience in animal welfare, including leading shelters to achieve live release rates exceeding 90%. Ms. Martin is committed to enhancing practices related to release rates and euthanasia of animals. The City remains committed to supporting the community through sponsorship of spay/neuter clinics. In FY 2024-25, the City sponsored two clinics at the CVAC, held on August 7, 2024, and February 22, 2025. Most recently, an additional clinic was held on July 23, 2025. Staff will continue efforts to secure additional spay and neuter clinics. For FY 2025/26, the City has allocated $20,000 to fund spay and neuter events. However, the nationwide shortage of veterinarians continues to limit the availability of clinics for La Quinta residents. The County requires the City to adopt the verbatim language of County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinance”) within 12 months of the agreement’s execution. Any future amendments to these Animal Control Ordinances by the County will be provided to the City for adoption. Approval of the proposed agreement represents a continuation of the current service levels which protect and enhance the quality of life for animals, reduce shelter intakes, and support increased adoption rates. 162 ALTERNATIVES Council may elect not to approve this agreement at this time. Doing so would require adding an animal control officer position, the purchase of an animal control vehicle, and contract sheltering and licensing services from RCDAS. Prepared by: Lisa Chastain, Public Safety Management Analyst Approved by: Martha Mendez, Public Safety Deputy Director Attachments: 1.Agreement for Animal Services with Riverside County 2. Department of Animal Services Rate Methodology 3. La Quinta Phase in Rates 163 Page 1 of 31 AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE THIS AGREEMENT FOR ANIMAL FIELD AND SHELTER SERVICES (“Agreement”) is made and entered into as of July 1, 2025, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California (“COUNTY”), and the CITY OF LA QUINTA, a California municipal corporation and charter city (“CITY”), together known as the “parties”, and individually as a “party”. RECITALS WHEREAS, CITY desires to contract with COUNTY to provide animal field and shelter services for the purpose of safeguarding the health and safety of the CITY’S population and the health and safety of its domestic animals pursuant to the provision of field and animal sheltering services, and described in this Agreement; WHEREAS, CITY desires to promote the humane treatment of animals and to continue as a contractual party with the COUNTY; and WHEREAS, COUNTY has the personnel and experience to provide such services and is willing to enter this Agreement with CITY for the provision of such services, subject to the terms and conditions for compensation as set forth herein. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, and for good and valuable consideration, the parties mutually agree as follows: SECTION I. OBLIGATION OF PARTIES A. RECITALS: l.The aforementioned Recitals are true and correct and incorporated herein by this reference. B.COUNTY Obligations: 1.COUNTY shall provide field and shelter services within the corporate limits of CITY as outlined in EXHIBITS A and B, attached hereto and incorporated herein by this reference, and more specifically as selected by CITY in the service level request form in ATTACHMENT A (“Service Level Request” or “SLR”), attached hereto and incorporated herein by this reference. C.CITY Obligations: 1.CITY shall reimburse COUNTY for the services performed and the expenses incurred as set forth in ATTACHMENTS A and B, using the Rates Methodology as set forth in ATTACHMENT C of this Agreement. 2.In order to harmonize the terms of this Agreement with the provisions of the CITY’s municipal code and for COUNTY to provide the full scope of services to ATTACHMENT 1 164 Page 2 of 31 CITY under this Agreement, within twelve (12) months following the Effective Date of this Agreement, CITY shall adopt the current verbatim language of the regulations, provisions, and rates found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), and shall amend its CITY municipal code when COUNTY amends its Animal Control Ordinances, from time to time. COUNTY shall provide the verbatim language to the CITY that shall be adopted into CITY’s municipal codes. Notwithstanding the foregoing, CITY retains all legislative authority pertaining to the regulation of animals within its jurisdiction and, pursuant to that legislative authority, retains the right to exclude or modify the verbatim language of the County’s Animal Control Ordinances. 3. CITY shall agree to providing contract required clinics with COUNTY pursuant to ATTACHMENT A. SECTION II. PERIOD OF PERFORMANCE The Effective Date of this Agreement shall be from July 1, 2025, and shall terminate on June 30, 2028 (the “Initial Term”), unless terminated earlier as provided herein under SECTION IX of this Agreement. SECTION III. PERFORMANCE OF CONTRACT A. In performing services under the Agreement, COUNTY will provide all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the agreed upon level of service. B. Nothing in the Agreement prohibits CITY from providing, at CITY’s expense, additional resources for the COUNTY to utilize in its performance of the services. C. Any use of special supplies, stationery, notices, or forms, other than standard COUNTY format, must be approved by the Director of the Department, or their designee, and supplied by CITY at its own cost. D. If requested by CITY, the COUNTY will make its best efforts to attend one in-person meeting with CITY, up to three-hour duration per quarter at no charge to the CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of the COUNTY’s contract management staff's time at meetings requested by CITY. Due to the lack of availability of meeting space in COUNTY facilities, the CITY will provide a mutually agreed upon meeting space and location, or virtual meeting link, for virtual meetings. E. If requested by CITY, the COUNTY will make its best efforts to coordinate a virtual meeting once per month at no charge to CITY. Additional meetings may be scheduled under unusual or urgent circumstances as agreed upon by the COUNTY. The CITY will pay the hourly rate listed in ATTACHMENT B for any additional hours of COUNTY 165 Page 3 of 31 representatives’ time at meetings requested by the CITY. F.If requested by CITY, COUNTY will make its best efforts send representatives to the CITY’s Council meetings for proposed ordinance changes, contract revisions, or any related animal issues where input from the COUNTY is needed. The COUNTY may attend these meetings virtually (by ZOOM or other virtual meeting method) to the extent COUNTY resources and capacity will allow. G.The COUNTY will make available upon request, at no charge to the CITY, the reports pursuant to EXHIBIT B, at the intervals indicated in that attachment. For any additional reports that are not included in EXHIBIT B, or those requested at more frequent intervals, the COUNTY will account for the hours of staff time required to produce the reports. The COUNTY will provide, at no charge to the CITY, up to 12 hours of staff time annually for any additional requested reports. The CITY will be responsible for any excess hours at the current billing rate for staff time as listed in ATTACHMENT B. SECTION IV. ADMINISTRATION OF PERSONNEL A.The COUNTY will control all aspects of the services provided by the COUNTY including, but not limited to, standards of performance, discipline of officers and staff, and all employment-related matters. B.In the event of a dispute between the parties regarding the duties and services to be provided, or the minimum level or manner of performance of such services, the CITY will be consulted and an agreement between the parties attempted. Each party must employ good-faith and best efforts to reach an agreement. If the COUNTY determination does not resolve the dispute to the satisfaction of both parties, the dispute resolution provisions in SECTION XV shall apply. C.All CITY employees who work with the COUNTY under the Agreement will remain employees of the CITY and will not have any claim or right to employment, civil service protection, salary, benefits, or claims of any kind from the COUNTY. No CITY employee will become an employee of the COUNTY unless by specific additional agreement which must be concurrently adopted by the CITY and COUNTY. Except as otherwise specifically set forth in the Agreement or in the attached Service Request in ATTACHMENT A, to the extent the COUNTY provides the CITY with animal licensing services, neither the CITY employees nor their agents will perform any function related to the licensing of animals, including the collection of license fees, penalties, or field enforcement fees. Field enforcement fees will only be collected by the COUNTY for services performed by employees of the COUNTY. The CITY shall distribute educational and outreach materials, reviewed and agreed upon by both the COUNTY and the CITY, as requested by the COUNTY. D.For the purposes of performing services under the Agreement, and only for the purpose of giving authority for COUNTY staff to provide these services, every COUNTY officer and/or employee engaged in performing any service will be deemed to be a contracted officer while performing service for the CITY, provided the service is within the scope of 166 Page 4 of 31 the Agreement. E. The CITY will not assume any liability for the direct payment of salaries, wages, or other compensation to COUNTY personnel performing services under the Agreement. Except as described under SECTION VI, the CITY will not be liable for compensation or indemnity to any COUNTY employee or agent of the COUNTY for injury or sickness arising out of his/her employment while providing services under the Agreement. SECTION V. DEPLOYMENT OF PERSONNEL A. The COUNTY will determine the minimum required field personnel required to provide the services requested by the CITY. B. The CITY agrees to complete ATTACHMENT A, specifying the service to be provided, which will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement. In the event of a dispute between the Parties about the desired or approved content of the Service Level Request (“SLR”), such dispute will be handled in accordance with SECTION IV(B) of this Agreement. C. The COUNTY will issue annual notifications of any change to the billing rate as stated in SECTION XVIII. Unless the CITY changes other provisions within the most recently executed SLR, it is not necessary to execute a revised service request to reflect a billing rate change. D. The CITY may at any time request a change in the level of service by completing a revised SLR and submitting the form to the COUNTY. The revised level of service to be provided and the current fiscal year billing rate will be signed and authorized by the CITY and the COUNTY representative and attached to the Agreement as an amendment and the Parties acknowledge that they have delegated authority from their respective Board of Supervisors and City Counsel to execute amendments and the reviewed level of service. Changes requested at times other than the beginning of the fiscal year will be implemented as soon as practical, as determined in the sole discretion of the COUNTY. The CITY is only required to submit a new service request if it wishes to revise its current services or update information listed on its existing service request. The COUNTY reserves the right to approve or disapprove requests on the service request in accordance with SECTION IV of this Agreement. E. Regarding updates to contact information, the CITY is not required to submit a new service request. Email confirmation from the CITY will suffice, and the COUNTY will update the CITY's existing service request and share the revised copy with the CITY. F. The CITY is not limited to the services indicated but may also request any other services in the field of public safety, animal welfare, or related fields within the legal power of the Director of the Department to provide. The COUNTY reserves the right to determine, in its sole discretion, whether the COUNTY can provide requested services not otherwise specified in this Agreement. 167 Page 5 of 31 SECTION VI. HOLD HARMLESS/INDEMNIFICATION A.CITY shall indemnify and hold harmless the County of Riverside, 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 actions of CITY, its officers, employees, subcontractors, 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 or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by CITY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. CITY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the County of Riverside, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions. B.With respect to any action or claim subject to indemnification herein by 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 to COUNTY as set forth herein. The CITY’s obligation to defend, indemnify and hold harmless COUNTY shall be subject to COUNTY having given CITY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at CITY’s expense, for the defense or settlement thereof. CITY’s obligation hereunder shall be satisfied when CITY has provided to COUNTY with the appropriate form of dismissal relieving COUNTY from any liability for the action or claim involved. C.COUNTY shall indemnify and hold harmless the CITY, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any actions of COUNTY, its officers, employees, subcontractors, 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 or any other element of any kind or nature whatsoever and resulting from any reason whatsoever arising from the negligent or willful actions by COUNTY, its officers, agents, employees, subcontractors, agents or representatives of this Agreement. COUNTY shall defend, at its sole expense, all costs and fees including but not limited to attorney fees, cost of investigation, defense and settlements or awards of all Agencies, Districts, Special Districts and Departments of the CITY, their respective directors, officers, CITY Council, elected and appointed officials, employees, agents and representatives in any such action or claim or action based upon such alleged acts or omissions. 168 Page 6 of 31 D. 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 to CITY as set forth herein. COUNTY’S obligation to defend, indemnify and hold harmless CITY shall be subject to CITY having given COUNTY written notice within a reasonable period of the claim or of the commencement of the related action and information and reasonable assistance, at COUNTY’s expense, for the defense or settlement thereof. COUNTY’s obligation hereunder shall be satisfied when COUNTY has provided to CITY the appropriate form of dismissal relieving CITY from any liability for the action or claim involved. E. The specified insurance limits required in this Agreement shall in no way limit the COUNTY’s obligations to indemnify and hold harmless CITY herein from third party claims. F. This SECTION VI shall survive the termination of this Agreement. SECTION VII. INSURANCE COUNTY agrees to maintain the following insurance coverage during the term of this Agreement: A. Workers’ Compensation: COUNTY shall maintain Workers’ Compensation Insurance (Coverage A) as prescribed by the laws of the State of California. The policy shall include Employer Liability (Coverage B) including Occupational Disease with limits of not less than $1,000,000 per person per accident. B. Commercial General Liability: COUNTY shall maintain Commercial General Liability Insurance coverage for claims which may arise from or out of COUNTY’s performance of its obligations hereunder. This coverage shall have a limit of liability not less than $2,000,000 per occurrence combined single limit. C. Vehicle Liability: If vehicles or mobile equipment is used in the performance of the obligations under this Agreement, then COUNTY agrees to maintain automobile liability insurance for vehicles provided by the COUNTY for use under this Agreement. This coverage shall have a limit of liability of not less than $1,000,000 combined single limit. SECTION VIII. RESERVED RESERVED. SECTION IX. TERMINATION 169 Page 7 of 31 A. Either party may terminate this Agreement without cause upon no earlier than six (6) months advance written notice served on the other party stating the extent and effective date of termination. B. If a six (6) month notice of termination is served on the other party, after receiving said notice of termination, COUNTY shall stop work under this Agreement on the termination date specified in the notice of termination; and after termination, CITY shall make payment to COUNTY for performance up to the date of termination in accordance with this Agreement. C. In the event of termination, both parties shall fulfill all obligations owed to each other that have accrued before the date of termination. Additionally, except for SECTION VI, each party will be released from any obligations that would have accrued after the termination date had the Agreement continued. However, the CITY will remain responsible for payment to the COUNTY for any services provided under this Agreement prior to the termination date. SECTION X. FORCE MAJEURE If either Party is unable to comply with any provision of this Agreement due to causes beyond its reasonable control, and which could not have been reasonably anticipated, such as acts of God, acts of war, civil disorders, pandemics, or other similar acts, such party shall not be held liable for such failure to comply. SECTION XI. AMENDMENTS Any amendments, including but not limited to alterations, variations, or supplements, to the terms of this Agreement shall be in writing and signed by the parties hereto, and shall have the approval of the Board of Supervisors of COUNTY and CITY Council. Any amendments will be presented to CITY’s CITY Manager, or designee, prior to CITY’s CITY Council approval. This Agreement, including any attachments, constitutes the entire Agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions and communications, whether oral or in writing. Except for changes to a CITY’s contact information, any changes, modifications, or amendments to the Agreement must be in writing and duly executed by the Director of the Department, or their designee, and an authorized representative of the CITY. The only exception to this requirement applies to updates to the CITY's contact information, which may be made through simple email confirmation from the CITY. SECTION XII. SEVERABILITY Each paragraph or provision of this AGREEMENT is severable from each other provision, and if any provision or part thereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect. 170 Page 8 of 31 SECTION XIII. NO THIRD-PARTY BENEFICIARIES This Agreement between the parties is intended for the mutual benefit of the two signing parties only. No rights are created under this Agreement in favor of any third party or any party who is not a direct signatory to this Agreement. SECTION XIV. NONDISCRIMINATION COUNTY shall not discriminate in the provision of services, allocation of benefits, accommodation in facilities, or employment of personnel on the basis of race, ethnicity, religious creed, color, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, or gender identity in the performance of this Agreement; and, to the extent they shall be found to be applicable hereto, shall comply with the provisions of the California Fair Employment and housing Act (Gov. Code 12900 et. seq.), the Federal Civil Rights Act of 1964 (Pub. L. 88-352) and the Americans with Disability Act of 1990 (42 U.S.C. 12101 et seq.). SECTION XV. DISPUTE RESOLUTION AND VENUE A. The parties shall attempt to resolve any disputes amicably at a working level as set forth in SECTION IV(B). If that is not successful, the dispute shall be referred to the senior management of the parties. B. Prior to filing any legal action related to this Agreement, the parties shall be obligated to attend a mediation session in Riverside County before a neutral third-party mediator. A second mediation session shall be required if the first session is not successful. The parties shall share the cost of the mediations. C. This Agreement shall be governed by the laws of the State of California. Any legal action related to the performance or interpretation of this Agreement shall be filed only in the Superior Court of the State of California located in Riverside, California, and the parties waive any and all provisions of law providing for a change of venue to another location. SECTION XVI. ASSIGNMENT This Agreement shall be binding upon COUNTY and its successors. Neither this Agreement nor any part thereof nor any moneys due or to become due hereunder may be assigned by the parties without the prior written consent of the other Party. CITY and COUNTY hereby agree with the full performance of the covenants contained herein. SECTION XVII. CONTRACT PERFORMANCE COUNTY’s Director of Department of Animal Services, or designated representative, shall meet as necessary to discuss contract performance with CITY’s CITY Manager, or designated representative. 171 Page 9 of 31 SECTION XVIII. CONTRACT SUM The CITY will pay for the services provided under the terms of the Agreement at the current fiscal year rate established by the COUNTY and set forth in the current ATTACHMENT B. The rates indicated in the ATTACHMENT B form will be readjusted by the COUNTY annually, effective the first day of July each year, to reflect the cost of services in accordance with the policies and procedures for the determination of rates established by the COUNTY. The CITY will be billed based on the current service level described in the latest ATTACHMENT A, FISCAL YEAR 25/26-27/28 SERVICE REQUEST FOR THE CITY OF LA QUINTA. The cost of any additional services requested and provided under the Agreement and not set forth in ATTACHMENT B will be determined by the COUNTY in accordance with the policies and procedures established by the COUNTY. SECTION XIX. PAYMENT PROCEDURES The COUNTY, through the Department of Animal Services, will submit a summary invoice covering all services performed quarterly to the CITY within ten (10) calendar days after the closing of each quarter. The CITY will pay the COUNTY for all undisputed amounts within thirty (30) calendar days after the date of CITY’s receipt of the invoice. If payment is not delivered to the COUNTY office described on the invoice within sixty (60) days after the date of the invoice, the COUNTY is entitled to recover interest on the unpaid amount at the rate specified below in this Section XIX. For all disputed amounts, the CITY will provide the COUNTY with written notice of the dispute including the invoice date, amount, and reason(s) for the dispute within twenty-one (21) calendar days after receipt of the invoice. Disputed amounts shall be subject to the Dispute Resolution provisions in SECTIONS IV(B) and XV of this Agreement, until such time as the dispute is fully resolved. The parties will confirm the resolution of the dispute amount(s) in writing. For any disputed amounts, interest will accrue if payment is not received within sixty (60) calendar days after the date of the written resolution. Interest will be calculated at the rate of seven percent (7%) annually, or the maximum legally allowable interest, from the last day of the month for which the services were performed, or in the case of disputed amounts, from the date of the written resolution. SECTION XX. NOTICES Each Party shall designate a Primary Contact, as identified in ATTACHMENT A, Service Request, to facilitate the services covered by this Agreement. Routine communications necessary for the day-to-day facilitation of services may be conveyed through telephone, email, or in-person interactions. However, all correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and in ATTACHMENT A and are deemed received two (2) days after their deposit in the United States mail, postage prepaid. 172 Page 10 of 31 Notices to the County of Riverside must be addressed as follows: COUNTY County of Riverside Department of Services Director 6851 Van Buren Boulevard Jurupa Valley, CA 92509 Notices to the CITY must be addressed to the contact person listed on the most recent SLR on file or, if none is listed on the SLR, the CITY Manager and CITY Clerk. SECTION XXI. DEFINITIONS A. “Altered or Unaltered” An Altered animal has undergone a surgical sterilization procedure, spay (female) or neuter (male) for dogs or cats and is incapable of reproduction. An Unaltered animal has not been sterilized. B. “Available” means an animal eight (8) weeks of age or older that at the time the animal is impounded or taken into possession, has manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health or temperament of the animal, or that is likely to adversely affect the animal’s health in the future. C. “Care” includes, but is not limited to providing necessary and prompt veterinary care, adequate nutrition and water, shelter, and humane treatment, or transfer of animal to the appropriate agency as defined in Civil Code 1834 and 1846. D. “Euthanasia” is a non-preferred option and is to be used as a last resort when deemed there is no other outcome for an animal. When the decision has been made to euthanize, it is done with the highest degree of respect, and with an emphasis on making the euthanasia process as painless and distress free as possible. Humane euthanasia services shall be provided as required for impounded animals held at the Shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and cannot be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a serious illness or severe injury may not be held for owner redemption or adoption. Except as provided in Food and Agricultural Code, subdivision (b), Section 31108 and subdivision (c) of Section 31752, newborn animals that need maternal care and have been impounded without their mothers may be euthanized without being held for owner redemption or adoption. Further: i. Only euthanasia methods approved by the Association of Shelter Veterinarians shall be used. ii. Pre-euthanasia sedation or anesthesia shall be provided in the professional judgment of the veterinarian conducting or providing oversight. The interests of the animal will be given equal consideration whether the animal is individually owned or not, regarding providing pre-euthanasia sedation or anesthesia. 173 Page 11 of 31 iii.The COUNTY will provide ongoing professional training on the latest methods and material available for euthanasia and effective management of compassion fatigue for all personnel as described within, but not limited to, the American Veterinary Medical Association’s Guidelines for the Euthanasia of Animals. iv.The COUNTY will conduct euthanasia in areas that are isolated from other activities, where possible, to minimize stress on animals and to provide staff with a professional and dedicated work area and incorporate the recommendations for a well-designed euthanasia space as recommended by the American Veterinary Medical Association. v.Records shall be kept for a period of not less than three (3) years on each euthanized animal shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found, method of euthanasia, and reason for use of method. E.“Healthy” means and include all dogs and cats eight weeks of age or older that, at or subsequent to the time the animal is taken into possession, have manifested no sign of a behavioral or temperamental characteristic that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or a congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future. F."Impounded" means having been received into custody of any animal control center, animal control officer, animal control vehicle, or peace officer duly authorized by the County of Riverside to receive such animal. G.“Potentially Dangerous” means any animal which has once actively pursued, attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another animal. Any animal which is found actively pursuing livestock, poultry, dogs, cats or animals. H."Substantial injury" means a substantial impairment of the physical condition of a person or animal which requires professional medical treatment, including, but not limited to, loss of consciousness; concussion; bone fracture; protracted loss or impairment of function of any bodily member or organ; muscle tears, disfiguring lacerations, punctures, or a wound requiring multiple sutures; or any injury requiring corrective or cosmetic surgery. I.“Dangerous” means any animal which has twice within a forty-eight (48) month period in two separate incidents has, actively pursued, attacked, bitten or otherwise caused a less severe injury than a "substantial injury" (as defined in this section), to another person or animal engaged in a lawful activity. Any animal which has once attacked, bitten, or otherwise caused injury to a person or animal engaged in lawful activity, resulting in death or substantial injury; Any animal which has been previously declared a potentially dangerous animal and the owner/custodian has failed to restrain the animal as so directed; or any dog which has been declared a "potentially dangerous dog" as defined by 174 Page 12 of 31 California State Law during any legal hearing process. J. “Vicious” means any animal which, when unprovoked, in an aggressive manner, inflicts injury on or kills a human being or animal. Any animal previously determined to be and currently listed as a potentially dangerous dog which after its owner or keeper has been notified of this determination, continues that behavior described in Section 31062 of the Food and Agricultural Code or is maintained in violation of Section 31641, 31642, or 31643 of the Food and Agricultural Code. SECTION XXII. HEADINGS The Section and other headings contained in this Agreement are included for the purpose of convenient reference only and shall not restrict, amplify, modify or otherwise affect in any way the meaning or interpretation of this Agreement or the attachments and schedules hereto. SECTION XXIII. RESERVED. SECTION XXIV. WAIVER OF BREACH, RIGHT OR REMEDY The waiver by any party of any breach or violation by another party of any provision of this Agreement or of any right or remedy permitted the waiving party in this Agreement (a) shall not waive or be construed to waive any subsequent breach or violation of the same provision, (b) shall not waive or be construed to waive a breach of violation of any other provision, and (c) shall be in writing and may not be presumed or inferred from any party’s conduct. Except as expressly provided otherwise in this Agreement, no remedy conferred by this Agreement is intended to be exclusive of any other remedy, and every remedy shall be in addition to every other remedy granting in this Agreement or now or hereafter existing at law or in equity, by statute or otherwise. The election of any one or more remedies by a party shall not constitute a waiver of the right to pursue other available remedies. SECTION XXV. INDEPENDENT CONTRACTOR The COUNTY is acting as an independent contractor to the CITY under this Agreement. Each party to this Agreement shall have no power to incur any debt, obligation, or liability on behalf of another party to this Agreement. SECTION XXVI. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed 175 Page 13 of 31 an original, but all of which together shall constitute one and the same Agreement, binding on all Parties. SECTION XXVII. AUTHORIZATION WARRANTY A. The CITY represents and warrants that the person executing the Agreement for the CITY is an authorized agent who has actual authority to bind the CITY to each term, condition, and obligation of the Agreement and that all requirements of the CITY have been fulfilled to provide such actual authority. The CITY’s City Manager, or authorized designee, shall have the authority, on behalf of the CITY, to enter into amendments or other agreements, documents, or records to implement this Agreement. B. The COUNTY represents and warrants that the person executing the Agreement for the COUNTY is an authorized agent who has actual authority to bind the COUNTY to each term, condition, and obligation of the Agreement and that all requirements of the COUNTY have been fulfilled to provide such actual authority. SECTION XXVIII. COOPERATION, FURTHER ACT The parties shall cooperate fully with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. (Signature Provisions on Following Page] 176 Page 14 of 30 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Agreement. COUNTY: County of Riverside, on behalf of its Department of Animal Services, a political subdivision of the State of California CITY: CITY OF LA QUINTA, a California municipal corporation and charter city V.Manuel Perez, Chair Board of Supervisors Jon McMillen, City Manager Date: Date: ATTEST: Kimberly Rector Clerk of the Board ATTEST: By: By: Monika Radeva City Clerk APPROVED AS TO FORM: Minh C. Tran County Counsel APPROVED AS TO FORM: By: Amrit P. Dhillon Deputy County Counsel By: William H. Ihrke City Attorney 177 Page 15 of 31 COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES DESCRIPTION OF STANDARD FIELD SERVICES EXHIBIT A At the election of the CITY the County of Riverside, on behalf of its Department of Animal Services (“COUNTY”), agrees to provide the following animal field services for the CITY OF LA QUINTA (“CITY”): A.PROVISION OF FIELD SERVICES The COUNTY will provide the services set forth below in accordance with regulations and provisions, found in Riverside County Ordinance Nos. 534, 560, 630, 716, 771, and 878 (“Animal Control Ordinances”), except as otherwise agreed to by the Parties in ATTACHMENTS A and B for specified service requests. The COUNTY will inform the CITY of any proposed changes to Ordinance Nos. 534, 560, 630, 716, 771, and 878 with as much advance notice as practical, with the intention of providing the CITY with an opportunity to submit input to the COUNTY and the COUNTY related to the proposed changes. The COUNTY will notify the CITY of the passage of any change to Ordinance Nos. 534, 560, 630, 716, 771, and 878 by the County Board of Supervisors as soon as practical. The COUNTY will provide the minimum required animal control resources and services for the CITY based on an average number of calls for service. Services consist of COUNTY personnel performing a variety of tasks utilizing appropriate equipment. The animal field services to be provided by COUNTY for CITY within the corporate limits of CITY shall include the following activities: 1.Field Service Assistance: Respond to all calls for field service assistance pursuant to the priority of calls as described in Section E below. 2.Impoundment: Impound dogs and livestock found at large and collect such impound fees as established in the appropriate CITY municipal code. 3.Proper Care and Treatment: Provide humane care and treatment to any stray or abandoned animal impounded by field personnel in accordance with State of California (“State”) laws and regulations. 4.Animal Bites: Investigate reported bites by animals. COUNTY shall respond to all reposed bites by dogs, cats, or by suspected rabid or wild animals. COUNTY will interview bite victims to the extent possible. COUNTY shall only be responsible for administrative proceedings resulting therefrom. 178 Page 16 of 31 5.Quarantine: Quarantine all animals suspected to be rabid and/or that have bitten a person as prescribed by the California Compendium of Rabies Control and Prevention, the State law, and COUNTY policy. Shelter quarantine will be at the discretion of the COUNTY. 6.Stray and Barking Animal (Nuisance) Complaints: Respond to and process nuisance complaints, including stray and barking animal complaints. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom. 7.Dead Animals: Remove dead animals from the public right-of-way except in such cases where an animal is on a state highway within CITY limits. In such cases, COUNTY shall immediately (or as soon as practicable) notify the State Department of Transportation by telephone, facsimile, email or other means. 8.Return of Animals in the Field: Field personnel, including officers employed by CITY, shall make a best effort to return any lost/stray animal impounded in the field to the rightful owner. Best effort includes but is not limited to: i.Checking for identification ii.Scanning the animals for a microchip iii.Canvassing the area to attempt to find the owner iv.Equipment necessary to fix common problems such as broken fences with permission from the resident v.Post a minimum of three signs 9.Kennels and Catteries: COUNTY shall inspect and issue licenses to operate dog kennels and catteries within CITY pursuant to CITY’s municipal codes and collect fees in connection therewith. All fees for licenses to operate dog kennels and catteries shall be retained by COUNTY. 10.Issuance of Warnings and Citations: Enforce all appropriate provisions of CITY’s municipal code as necessary, including the issuance of warning notices or citations, for violations of the provisions of said municipal code. COUNTY shall only be responsible for administrative enforcement proceedings resulting therefrom. 11.Service to Public: Provide service to the public on matters covered in this Agreement consistent with established policies and procedures that promote courteous and efficient service and good public relations. Other policies and procedures notwithstanding COUNTY, in processing any type of complaint or request for service, shall indicate to the caller that a response can be expected as per Section E below. 12.Field Services Related to Canine Licenses: The COUNTY shall verify canine license status when responding to requests for service or when responding to complaints about animal behavior. The Animal Control Officer, as part of the officer's regular animal control duties as defined by, but not limited to, the terms of this Agreement, shall conduct license inspection activities during animal control 179 Page 17 of 31 investigations to ascertain the number of unlicensed dogs, to license such dogs, and to foster compliance with CITY’s municipal code. 13.Wildlife: COUNTY will not impound free roaming wildlife unless it is a danger to the community, sick, injured, or part of an animal cruelty or animal bite case. 14.COUNTY will perform humane investigations of suspected animal neglect and cruelty and will be responsible for investigation, citation, and preparing materials for prosecution. 15.COUNTY and CITY will work together on educational outreach, promotion of spay/neuter and vaccination clinics, owner surrender assistance programs, responsible pet ownership, adoption programs and other activities to reduce impounds and increase live outcomes. CITY will provide two (2) vaccine clinic(s) at no charge to the resident, and two (2) spay/neuter clinic(s) at no charge to the resident per quarter, at CITY’S expense. CITY may decide to hire COUNTY to provide this service, if available, or seek a separate vendor. 16.In case of a disaster, COUNTY and CITY will work collaboratively on animal needs and communication as it is related to rescue, response and recovery efforts. B.SHELTER CARE AND DISPOSITION SERVICES The COUNTY shall house CITY’s animals at a COUNTY operated shelter at the COUNTY’s discretion, as set forth in EXHIBIT B. CITY may request, during the Term of this Agreement, for CITY’s animals to be housed at a specific COUNTY-operated shelter, subject to COUNTY’s approval in its sole discretion. C.PROVISION OF VEHICLES AND RADIO EQUIPMENT COUNTY shall provide animal control vehicles and equip them with the appropriate animal control boxes mounted on the truck chassis and with an air conditioning unit mounted on the animal control truck boxes for use in the provision of services as set forth in this Agreement. The COUNTY shall fuel and maintain said vehicles. D.MISSING OR STOLEN ANIMALS COUNTY shall file a report with the appropriate law enforcement agency within twenty- four (24) hours if an impounded animal is missing or suspected of having been stolen from an animal control vehicle or while in COUNTY’s custody. COUNTY shall indicate on the police report the circumstances of the animal's disappearance. E.PRIORITY OF FIELD SERVICES a.“Services” are those enforcement activities rendered by COUNTY pursuant to this Agreement, COUNTY Ordinance and/or the relevant sections of CITY’s municipal code, as indicated in ATTACHMENT B and related State law and are assembled for into two categories: emergency and non-emergency. 180 Page 18 of 31 b.“Priority Ranking” refers to the order of priority with which a call will be handled. All calls will go directly to the dispatcher or assigned clerical staff for a relay to the Animal Control Officer. If a call is exceptional,” as set forth in Section F below, it shall be referred to the supervisor for evaluation and response. c.The following definitions of “Regular Service Hours”, “Limited-Service Hours”, and “Holidays” are intended to identify the broad time frames during which specific levels of service will be provided. d."Regular-Service Hours” are between the hours of 7:30 am to 5:00 pm, Monday through Friday, Holidays excepted. e."Limited-Services Hours” are the between the hours of 5:00 pm to 7:30 am, Monday through Friday, all day Saturday, Sunday and on Holidays. f.“Holidays” are those days as established by the COUNTY and the CITY where the CITY or COUNTY is closed for service on a business day that would otherwise be a regular service day. g.Field service activities shall be performed daily and generally based on both the Priority Ranking and the time a call for service is received in accordance with this Agreement. All calls involving imminent danger shall be responded to within sixty (60) minutes if reasonably possible, subject to considerations involving the time of day, traffic conditions, or other circumstances. An Animal Control Officer shall respond to animal medical emergencies and other emergencies involving danger to humans within thirty (30) minutes or less during Regular Service Hours, and within sixty (60) minutes or less during Limited-Service Hours and Holidays. CITY acknowledges that response time may be affected by traffic congestion or other hindering circumstances uncontrollable by COUNTY. COUNTY shall provide a means for responding to calls for service that take place during Limited-Service Periods which are of an urgent nature pursuant to this EXHIBIT A. Field service personnel may be assigned to patrol and perform other service field tasks as defined by COUNTY and CITY. h.The COUNTY shall respond to telephone calls for field services during Regular Service Hours. Calls shall be received by the COUNTY answering service during Limited-Service Hours and on Holidays, as noted above. Calls answered by the answering service will be handled on an emergency basis as outlined herein. The dispatcher and/or clerical support staff shall maintain a detailed record of all requests for service, both emergency and routine, received during Regular Service Hours and Limited-Service Hours, including time and date, when the calls were answered, and the disposition of those calls. Records of these calls shall be maintained for at least thirty (30) days. i.The CITY and COUNTY agree that any incident reports to the COUNTY by residents 181 Page 19 of 31 or through emergency services involving a dangerous, aggressive, wild, injured or sick animal constitute an emergency and require immediate action by the COUNTY pursuant to this Agreement. Calls for service received during Limited-Service Hours that are not of an urgent nature shall be answered by an answering service and referred to call-back on the next business day during phone center operational hours. These calls will then be scheduled for response in accordance with this EXHIBIT A. j.Calls Considered Emergencies to be Handled Without Delay: 1.Animals endangering the health or safety of the community 2.Police Department requests for service 3.Sick or injured stray animals 4.Animals in distress 5.Humane investigations that are life threatening. (Depending on immediate circumstances) k.Calls Considered Non-Emergency to be Handled during Regular Service Hours: 1.Pick-up confined, healthy- not sick or injured, stray-animals 2.Dead animal removal 3.Quarantine investigations 4.Leash law enforcement 5.Nuisance animal investigations 6.Permit investigations F.EXCEPTIONS The Director of the Department of Animal Services, or their designee, may, on a case-by-case basis, authorize variations of priority when circumstances require. G.LICENSE FEES (Riverside COUNTY Ordinance No. 630, Section 2 - MANDATORY DOG LICENSING AND VACCINATION) Licenses shall be issued upon receipt of all licensing requirements including payment of the license fees at the same rate as established in Section 2 of Riverside County Ordinance No. 630 and are subject to change as amended by COUNTY’s Board of Supervisors, from time to time. H.RABIES VACCINATION CERTIFICATE DATA Rabies vaccination certificates shall be collected from area veterinarians and downloaded into COUNTY’s database after the data has been reviewed for inconsistencies. Reminders of licensing requirements shall be automatically generated and emailed or mailed to dog owners. Those owners who fail to comply may be subsequently issued administrative citations. 182 Page 20 of 31 Remittance options include on the COUNTY’s website www.rcdas.org or in person at a COUNTY shelter location. COUNTY shall verify dog license status when responding to requests for service or when responding to complaints. COUNTY owners can verify the status of their animal’s license by telephone or going to https://riversidecounty.docupet.com. I. COLLECTION OF LICENSE FEES CITY authorizes COUNTY to issue and collect the fees for canine licenses and retain eleven dollars and thirty-five cents ($11.35) per license on any and all canine license revenue generated by CITY residents during the term of the Agreement. All fees collected for canine licenses shall be accounted for by the COUNTY monthly and the COUNTY shall credit the net amount of license fees collected for each month. For purposes of this Agreement, the net amount of license fees shall mean the total amount of license fees collected in a month less the sum of $11.35 per each canine license issued and shall be separate and apart from the monthly compensation rate due and payable by the CITY as required in ATTACHMENT B, Billing Rates. CITY shall be responsible for a one-time conversion fee for new data entered into COUNTY’s licensing database. J. SERVICE PLANS CITY may elect one of two service plans for field services provided by the COUNTY. (ATTACHMENT A) 1. Standard Service Plan The Standard Service Plan provides the number of Animal Control Officers, as determined by the County, to allow for the provision of field services to the CITY five (5) days/week – Monday through Friday- Nine (9) hrs./day – between the hours of 7:30am-5:00pm, with dispatching and after-hours emergency service 24 hours per day, seven days per week. 2. Extended Service Plan The Extended Service Plan provides the number of Animal Control Officers to allow for providing field services to the CITY seven (7) days/week – Monday through Sunday – nine (9) hrs./day - between the hours of 7:30am-5:00pm, as indicated by the CITY in ATTACHMENT A, dispatching and after-hours emergency service 24 hours per day, seven days per week. K. TRAPPING COUNTY shall provide advice and assistance in setting a humane trap for an animal at large or a wild animal on public or private property, utilizing a CITY trap or the residents' private trap. COUNTY shall not be required to move belongings or maintain on-premises surveillance, unless in the opinion of the Director of Animal Services or the responding Animal Control Officer there is a direct, clear and present danger to human life. The CITY has purchased traps and stores them at the CITY yard for the above mentioned purposes to be used for CITY residents. Traps will be 183 Page 21 of 31 available to CITY residents on a first-come, first-served basis. COUNTY may provide CITY residents with CITY traps at no cost to residents. COUNTY is not required to provide vector control services under this provision of this contract. [End of Exhibit A] 184 Page 22 of 31 COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES DESCRIPTION OF STANDARD SHELTER SERVICES EXHIBIT B At the election of the CITY, the County of Riverside, on behalf of its Department of Animal Services (“COUNTY"), agrees to provide the following Animal Shelter Services for the CITY OF LA QUINTA (“CITY”). A.PROVISION OF SHELTER SERVICES All COUNTY shelters are open admission shelters and are required to accept all stray or abandoned animals from the COUNTY’s area(s) of responsibility. The COUNTY maintains four (4) animal care shelters that accept stray or abandoned animals. The COUNTY also receives and maintains animals that are victims of abuse or neglect, under a quarantine order, or that pose a risk to the public. Stray or abandoned animals are held for an initial period to give an owner the opportunity to reclaim them. Owner-relinquished animals are held for an initial period prior to requested euthanasia or adoption to a new home, pursuant to State law. The holding period may vary and may be extended to reunite the animal with an identified owner or for other reasons. The COUNTY is committed to providing appropriate and safe housing for all animals accepted into the COUNTY’S care. The COUNTY is required by law to provide necessary and prompt veterinary care, nutrition, and shelter, and treat them kindly. Medical care may be provided by COUNTY staff or, at COUNTY’S sole discretion, outsourced to a contracted veterinarian. B.COUNTY ANIMAL SHELTER 1.All animals collected in the field within the boundaries of the CITY or determined to have originated from within the boundaries of the CITY may be housed at a COUNTY animal shelter. Admitted animals will be vaccinated, microchipped, and provided necessary and prompt medical care, food, water, and shelter. The COUNTY may post an animal’s picture on the Department’s website to assist residents in reclaiming a lost or missing pet or finding a new one. Residents may also visit the associated animal shelter to find their lost or missing pet. The hours of operation of each animal care center may be found on the Department's website. 2.The COUNTY will make reasonable attempts to house animals from the CITY at the animal shelter closest to the CITY. The nearest animal shelter to the CITY will be designated as the primary animal shelter. There may be circumstances in which the Department will house animals collected from the CITY at an alternate location. 3.The COUNTY shall be responsible for the operation and maintenance of the COUNTY shelters and the care of the animals. 4.The COUNTY shall maintain hours of operation at the Shelter to provide maximum 185 Page 23 of 31 public access to the animals, to the extent possible. C. STANDARD SHELTER SERVICES Riverside County Animal Services shelters shall include the following activities and services: 1. Impoundment, admittance, receipt of, care of, custody of and/or feeding of any and all stray animals. 2. Providing food, water, shelter, enrichment, and medical care for animals in the Department’s care. 3. Holding stray animals and attempting to reunite them with their owners. 4. Assisting pet owners with alternatives to relinquishment by connecting them with resources for pet retention. Accepting unwanted animals surrendered by their owners if there is no other alternative. 5. Making the best efforts to find new adoptive homes for domestic animals and livestock. 6. Quarantine and observation of animals for rabies and/or at the direction of the Department of Public Health. 7. Working with wildlife rehabilitators to rescue sick and injured wildlife. 8. Providing emergency care and housing to pets and livestock displaced by wildfires or other disasters. 9. Holding animals that are the subject of criminal investigations or other legal or administrative proceedings. 10. Ensuring that all dogs, four (4) months and older, released from the COUNTY to a resident of County of Riverside are licensed, microchipped, and spayed/neutered and, if not licensed, to sell license to the owner or other person taking custody of such dog. In accordance with COUNTY ordinances, require the micro-chipping of released animals. 11. Provide necessary and prompt veterinary care. 12. Humane euthanasia of animals as lawful and necessary, including the creation of a log detailing each animal that is euthanized and the reasons for such euthanasia. 13. Public services, including prevention of animal abuse, neglect, or abandonment through outreach and education, and intervention through finding alternatives to relinquishment and assisting at-risk populations. 186 Page 24 of 31 14. Filing annual reports to the State of California as required by law. 15. Proper disposal of dead animals at the rate as set forth in ATTACHMENT B, Payment Provisions. 16. Maintaining a website with pictures of stray and surrendered animals to facilitate reuniting the animals with their owners or finding new adoptive homes. 17. Maintaining regular hours of operation for the public. D. SCOPE OF ANIMAL SHELTER SERVICES 1. Treatment of Animals: COUNTY will provide adequate care and treatment of CITY’s animals whiles in custody of COUNTY to ensure that impounded animals are provided with humane and appropriate levels of care, including a clean environment, fresh water, adequate nutrition and appropriate medical care. 2. Level of Service Provided: COUNTY shall provide Animal Shelter Services as defined in this Agreement. COUNTY’s policies and procedures for Animal Shelter Services shall be based on standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association. 3. Feeding Protocols: All animals shall be fed in amounts appropriate to meet their nutritional needs. 4. Disease Control and Sanitation: COUNTY shall maintain the Shelter in a clean and sanitary condition. COUNTY’s policies and procedures may include beneficial standards and/or guidelines derived from reputable animal care organizations including, but not limited to, the Humane Society of the United States, American Humane Association, and American Veterinary Medical Association. 5. Provision of Personnel and Supplies: COUNTY shall provide personnel, supplies, materials, medication, pharmaceuticals, and equipment, including forms and reports, to perform all aspects of the animal shelter services described herein. 6. Holding Periods: COUNTY shall hold all stray-impounded animals, not otherwise own identifiable, for the holding periods as required by State law. 7. Euthanasia: Humane euthanasia services shall be provided as required for impounded animals held at the shelter for the lawful number of days, if such an animal is not reclaimed by the animal’s owner and is unable to be placed through adoption or rescue by COUNTY. Animals that are irremediably suffering from a 187 Page 25 of 31 serious illness or severe injury may not be held for owner redemption or adoption. Only euthanasia methods approved by the American Veterinary Medical Association shall be used. Records shall be kept for a period of not less than three (3) years on each euthanized animal and shall include the following information: breed; sex; color; weight; other distinguishing characteristics; date, time and location where animal was found; method of euthanasia, and reason for use of method. 8. Quarantine: COUNTY shall quarantine, as prescribed by the California Compendium of Rabies Control and Prevention, State law, and COUNTY policy, all animals suspected of being rabid or involved in a bite investigation. 9. Impoundments and Quarantines: COUNTY shall house, feed and care for all animals impounded and/or quarantined at the Shelter. Quarantined animals may be quarantined at the owner’s home or an alternate location. 10. Animals Surrendered by their Owners: Owner surrenders will be impounded on a case-by-case basis. Pet Support or pet retention programs will be offered to assist the owner with keeping their pet. CITY shall direct their constituents to consult with COUNTY to surrender their pet. CITY shall not accept owner surrenders in the field prior to the constituent consulting with the COUNTY. 12. Wildlife: COUNTY and CITY Animal Control Officers will work with constituents to ensure public safety while maintaining wildlife in the wild. COUNTY and CITY Animal Control Officers will triage wildlife reports to determine the appropriate response. Wildlife will be impounded if there is a public safety hazard, if the animal’s welfare is at risk, if the animal is injured or orphaned, if the animal has been involved in a bite, or involved in an animal cruelty investigation. 13. Vicious and Potentially Dangerous Dogs: Any dog declared or determined to be vicious or potentially dangerous and in custody of COUNTY either under impoundment or quarantine shall be deemed unsuitable for adoption and shall not be released except as required by State law or at the Director of Animal Services’ discretion. 14. Incoming Animal Identification: Incoming animals shall be checked immediately for collar tags, tattoos, and scanned for microchips by qualified Shelter staff within one (1) hour of arrival at the Shelter. Shelter staff shall make all attempts to notify owners within twenty- four (24) hours of an Impounded Animal delivered by CITY to COUNTY. Animal Control Officers shall attempt to return animals in the field prior to delivering the impounded animal to the shelter. Animal Control Officers shall scan animals in the field for microchips, call phone numbers on tags or research license numbers to reunite animals in the field. 15. Incoming Animal Examinations/Assessments: Examinations of impounded 188 Page 26 of 31 animals shall be performed within twelve (12) hours, except during Limited- Service Hours when the examination will be performed within twenty-four (24) hours. Incoming animal assessments shall include the following: a.A physical examination to determine if a medical condition exists which requires a veterinarian’s attention b.Routine vaccinations and de-worming, as needed c.External parasite treatment, as needed d.Document the animal’s incoming weight e.Scan for microchip identification f.Microchip administered if none found g.Establish unique identifier for the animal h.Document any identifying features or abnormalities. The COUNTY shall properly document on an animal-by-animal basis that an examination/assessment has been performed. 16.Enforcement: Enforce all relevant provisions of CITY’s municipal code and State law as may be applicable to animals housed, kept or maintained at the Shelter. 17.Adoption: Animal identified as being available for adoption shall be up for adoption in the shelter or off-site locations or by posting online. 18.Spay and Neuter: COUNTY shall ensure that all dogs and cats adopted from the Shelter are spayed or neutered, or that adequate provisions are made for such spaying or neutering if COUNTY transfers any animals, or if an adopted animal is unable to receive spaying or neutering due to a medical condition. In accordance with California Food and Agricultural (“F&A”) Code Sections 30503 and 31751.3, if veterinarian employed at the Shelter certifies that a dog or cat is too sick or injured to be spayed or neutered, the COUNTY shall collect a spay/neuter deposit from the adopter or purchaser and this deposit shall be deposited into a segregated fund maintained by the COUNTY. The deposit shall be fully refunded to the adopter or purchaser if proof of sterility is provided within thirty (30) business days from the date of surgery, at which the deposit is forfeited in accordance with F&A Code Sections 30503 and 31751.3. Spay and neuter deposits shall only be used by the COUNTY for canine and feline spay and neuter programs. 19.Microchipping: In accordance with F&A Code Sections 31108.3 and 31752.1, COUNTY shall ensure that all dogs and cats being reclaimed, adopted, or transferred to a new owner are microchipped with current information prior to leaving the shelter. 18.Community Adoption Partners: COUNTY shall comply with F&A Code Sections 17006, 31108, and 31752 that provide (subject to Section 17006) that a stray dog or cat that is impounded shall, before the euthanasia of that animal, be released to a nonprofit, as defined in Section 501(c)(3) of the Internal Revenue Code, animal rescue, or adoption organization if requested by the organization 189 Page 27 of 31 before the scheduled euthanasia of that animal. The public or private shelter may enter into cooperative agreements with an animal rescue or adoption organization. The public or private shelter or organization must be approved by COUNTY prior to the transfer of any animals. In addition to the required spay or neuter deposit, the public or private shelter, at its discretion, may assess a fee, not to exceed the standard adoption fee, for animals adopted or released. 19. Foster Care Placement: Certain animals may be placed in COUNTY’s foster care placement program so to improve animal care, give certain animals a better chance of adoption, and lift the spirits and morale of staff and volunteers. 20. Community Cat Program (“CCP”): CCP COUNTY shall determine a cat’s eligibility for the CCP. If it is determined that a cat is eligible, the cat will be spayed/neutered, vaccinated, and ear tipped. Once the cat has recovered, it will be returned to place of origin. 21. Drug Enforcement Agency (DEA): COUNTY shall comply with all Drug Enforcement Agency (“DEA”) regulations regarding storage, record-keeping, inventory, use, and disposal of all controlled substances. 22. Staffing and Volunteers: COUNTY shall recruit and supervise all necessary personnel for the office, kennel, veterinary and other areas of the Shelter. Staff shall include all full or part-time personnel and shall include the recruitment, supervision and assignment of volunteers in suitable Shelter-related activities. Personnel employed at the Shelter in the performance of Shelter-related activities shall be designated as COUNTY employees and all volunteers engaged in Shelter activities shall participate in activities designated by COUNTY and shall be under the auspices of COUNTY. Use of volunteers at the Shelter shall be determined by COUNTY. 23. Missing Animals: COUNTY shall notify an appropriate law enforcement agency immediately of any animal missing from the Shelter that had previously been impounded and/or in protective custody. 24. CITY Access: COUNTY shall provide access to the entire Shelter to the authorized representatives of CITY during Regular Service Hours or at such other times upon written notice. 25. Livestock and Fowl Care: COUNTY shall provide food, care and shelter to livestock and fowl, either at the Shelter or at another location, when such animals cannot be cared for at the Shelter. Costs of housing any livestock or fowl, regardless of Shelter location shall be charged to the owner of the animal, if known. If the animal’s owner wishes to redeem the animal, the owner shall first pay all applicable fees and charges at the Shelter; except as otherwise required by law, then and only, will the COUNTY authorize release of the animal. COUNTY shall notify CITY in writing when said expenses reach the amount of $5,000 or greater per incident. 190 Page 28 of 31 Such expenses Shall not exceed the amount of $25,000 per incident unless authorized in writing by CITY. 26. R.E.A.R.S.: REARS is the system that has been developed to perform animal rescue, evacuation, sheltering, care and welfare of domestic and livestock animals within Riverside County during times of disaster or extraordinary emergencies. The REARS Team is dedicated to carrying out the operational tasks of rescuing, evacuating, sheltering and caring for animals during emergencies and is made up of local government animal welfare staff and volunteers trained in animal rescue and emergency animal care. This cadre of trained individuals is supervised, during incidents, by Riverside County Department of Animal Services management staff. 27. Animal Disposal: COUNTY shall prohibit any animal whether dead or alive, which has been impounded, in custody, or in quarantine at the Shelter to be given away, disposed of, traded, sold or in any manner given over to another person, organization or entity for experimentation, regardless of purpose. COUNTY shall be responsible for the disposal of animal remains in its custody or control, subject to applicable State laws. 28. Pet Support Services Program: The COUNTY's Pet Support Program services are activities that go beyond providing housing for dogs and cats and have the effect of keeping pets out of the Shelters and in homes and healthy environments. This strategy allows the COUNTY to manage and reduce the flow of both owned pets and stray animals into their care, which is accomplished by partnering with the community and providing resources and solutions. Through the COUNTY’s pet support services staff provides counseling to pet owners or connects them with resources such as free pet food and supplies, medical vouchers, and other critical resources all intended to help keep pets with their families. This human/pet assistance program is funded almost entirely through donations and grants received by the COUNTY. This program has reduced the number of surrendered animals admitted to the COUNTY’s care centers to those who have no other opportunity for rehoming. This is reducing the costs that are associated with sheltering cats and dogs. A. Components of Pet Support Services: • Community Engagement is key to successfully employing this program, giving the community an opportunity to foster, network animals, facilitate adoptions, and to develop solutions to keep pets with their owners. • The COUNTY encourages people who have found stray animals to attempt to reunite the pets with their families. The COUNTY also encourages residents to allow free roaming cats to remain where they live, as these are often pets or community cats. 191 Page 29 of 31 • To reduce the relinquishment of owned pets, the COUNTY will provide resources such as training, food, and supplies, or other support to help keep pets in their homes. • Public safety and animal welfare are a priority. Animals that pose a safety threat will immediately and safely be admitted by the COUNTY, as will animals that are sick or injured. 29. Healthy Pet Zone: COUNTY aids the public in times of crisis on a case-by-case basis that includes access to veterinary care and temporary boarding. CITY must refer public to COUNTY for program assistance. 30. Individual Animal Licensing Services: Adult dogs four months of age and older are required by State law to have individual licenses. The CITY may request that the Department enforce licensing requirements in the CITY as described in ATTACHMENT A. The CITY may adopt the COUNTY’s fees for individual animal licenses or set its own fees as permitted in ATTACHMENT A. License renewal notices are mailed or transmitted by the Department to the animal owner of record. The renewal and payment are received and processed on a fee- per-license basis. A current license will be required before an animal will be released to a resident of the CITY. Fees from licenses collected will be credited to the CITY monthly in arrears. The COUNTY’s animal licensing services include: a. Issuing animal licenses for pets as requested by the CITY; b. Processing license applications, payments, and information changes; c. Issuing license renewal notices; d. Assessing and collecting fees, penalties, and other financial remittances; e. Maintaining a database for animal licensing, records of calls for service, and actions taken; and f. Maintaining the Rabies Vaccination Certificate tool database which scans rabies vaccination data reported by private veterinary clinics to identify unlicensed pets in our jurisdictions and generate compliance notices to pet owners. 31. Kennel and Cattery Licensing: The Department's Kennel and Cattery Licensing program provides staff to perform animal facility inspections and licensing to animal-related businesses or organizations that require a license under COUNTY Ordinance. Animal-related facilities are inspected annually to ensure the safety and well-being of the animals as well as the health and safety of the public. The COUNTY retains kennel license fees to offset the cost of annual inspections and related 192 Page 30 of 31 administrative costs. Staff time for licensing and inspections is not billed to the CITY. However, investigations in response to complaints about activities at a licensed location are conducted by Animal Control Officers based in the COUNTY’s animal shelters and are billed in accordance with ATTACHMENT B, City/County Service Rates. This program includes: a.Annual inspection of any premise used by an animal-related business or non- profit organization, including grooming shops, pet shops, boarding facilities or breeding facilities, animal menageries, and all other places where animals are maintained for profit or business activities. b.Follow-up inspections of animal facilities as necessary. c.Collection of license fees to offset the cost of services; and d.Documentation and maintenance of records as necessary. E.CONTRACT CITY REQUIRED SERVICES 1.Vaccination and Microchip Clinics: California Health and Safety Code Section 121690(f) states that every city and county, "shall provide dog vaccination clinics, or arrange for dog vaccination at clinics." The Department holds periodic low-cost rabies vaccination and microchip clinics at its animal care centers and in the unincorporated areas of the County. Pursuant to this agreement and ATTACHMENT A, CITY shall fund four (4) vaccination and microchip clinics, within the CITY’s jurisdiction, per FY. The following services will be provided by the COUNTY: a.Providing or assisting in arranging for low-cost vaccinations and microchips; b.Staffing low-cost vaccination and microchip clinics with medical personnel and necessary support staff, subject to availability; c.Licensing animals vaccinated at the clinic; and d.Assisting jurisdictions in promoting these community-based clinics. 2.Spay/Neuter Clinics: Pursuant to this agreement and ATTACHMENT C, the CITY shall fund two (2) Spay/Neuter clinic(s), within the CITY’s jurisdiction, per FY. a.To help fund these events the CITY may elect to contribute $5.00 per altered and unaltered dog license to the Spay/Neuter Trust. Participation in the Spay/Neuter Trust will allow the CITY to offer low-cost or free spay/neuter programs for the CITY’s residents who wish to have their pets spayed or neutered. The COUNTY staff will work with the shelter and mobile clinics to assist qualified residents in obtaining spay/neuter services. F.Records Upon reasonable notice, the COUNTY will make available to authorized representatives of the CITY, for examination, audit, excerpt, copy, or transcription, any pertinent transaction, activity, 193 Page 31 of 31 or other record relating to the Agreement. The CITY must ensure such records are handled in a manner consistent with all applicable privacy laws and all laws related to the Public Records Act (Government Code sections 7920.000 et. seq.). Upon request, the following standard reports are available to the CITY from the COUNTY monthly: a. Dogs and/or Cats Impounded b. Animals Returned to Owners c. Dogs and/or Cats Abandoned d. Special Admission Dog & Cat e. Other Animals Impounded f. Quarantined Dogs and/or Cats g. Special Admission of Other Animals h. Private Veterinarian (Outside Medical Expense) i. Dead Animal Pick Up Requests j. Types of Calls for Service k. Location of Admission In accordance with SECTION III, the COUNTY will provide up to 12 hours of staff time annually for producing special reports to the CITY at no cost. Additional staff time will be charged to the CITY at the current reimbursement rate for applicable staff time. 194 ATTACHMENT A FISCAL YEAR 25/26-27/28 SERVICE REQUEST FOR THE CITY OF LA QUINTA 1.Services The level of animal care center service that the CITY requests and the COUNTY agrees to is (select the options below): ☒Field Services ☐If CITY elects to provide CITY Animal Control Services, CITY shall agree to have CITY Animal Control Officers trained and implement the return in field program as described in EXHIBIT A – A.8 8. Return of Impounded Animals. The CITY shall provide the tools necessary to perform these duties. COUNTY shall provide training to CITY personnel for this purpose. ☒Shelter Services CITY’s Animal Services Field contact information: Name: N/A Telephone: N/A Address: N/A 195 2. Field Services The level of field service that the CITY requests and the COUNTY agrees to: (select one of the three options below): a. Standard Service Plan b. Extended Service Plan (check all applicable boxes below) c. Administrative Compliance (Post Hearing compliance checks) X Standard Service Plan COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day 7:30am-5:30pm COUNTY provides after-hours emergency service. Extended Service Plan COUNTY provides service to the CITY five (5) days/week – Mon.-Fri. – Nine (9) hrs./day 7:30am-5:30pm COUNTY provides after-hours emergency service. Weekend days and holidays (please identify days and hours): Humane Investigations – as needed Included billed hourly. Administrative Investigations – as needed (Potentially dangerous/vicious Dogs) Included billed hourly. X Administrative Compliance (Post Hearing compliance checks) CITY’s Animal Services Field contact information: Name: N/A Telephone: N/A Address: N/A 196 3. Animal Licensing ☒The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the COUNTY fees outlined Riverside County Ordinance No, 630. ☒The CITY agrees to have the COUNTY provide individual animal licensing and has adopted the following license fees (please provide a copy of the applicable ordinance or resolution): Dog Licenses 1-Year Fee 2-Year Fee 3-Year Fee Altered Dog $17.00 $34.00 $49.00 Unaltered Dog $100.00 $200.00 $300.00 Senior Altered Dog $12.00 $24.00 $36.00 Cat Licenses (Voluntary) 1-Year Fee Voluntary Cat Current license fees adopted by the CITY on December 10, 2021 CITY’s Animal Licensing contact information: Name: N/A Telephone: N/A Address: N/A 197 4.Outreach and Enforcement Services Please make a selection for each of the options below: i.Animal Facility Inspection and Licensing (Costs included in County costs -not billed) ☐The CITY requests that the COUNTY license animal-related facilities(including inspection) in the CITY. ☐No animal facility licensing services - the CITY will conduct its own licensingprogram for animal-related facilities. (Please provide contact informationbelow.) CITY’s Animal Facility contact information: Name: N/A Telephone: N/A Address: N/A A. Vaccination/Microchip/Licensing Clinic(s) Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of two (2) vaccination/microchip/Licensing clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging for clinics in the CITY, utilizing Department personnel at the applicable rate for staff time. ☒The above requirement for CITY to fund Vaccination/Microchip/Licensing Clinic(s) is acknowledged by the CITY B. Spay/Neuter Clinic(s) Based on the CITY’s population, the CITY, at the CITY’s expense, shall provide for a minimum of two (2) Spay/Neuter clinic(s) per fiscal year. The CITY requests that the COUNTY provide or assist in arranging clinics in the CITY, utilizing Department personnel at the applicable rate for staff time. ☒The requirement above to fund the number of Spay/Neuter Clinic(s) listed above is acknowledged by the CITY ☐CITY elects to participate in the Spay/Neuter Trust to allow residents access to low-cost spay/neuter services. ☒No participation in the Spay/Neuter Fund.198 5. Enforcement of COUNTY Ordinances ☒The CITY agrees to the adoption of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with no exceptions. ☒The CITY agrees to the adoption of Ordinance No. 630 - Regulating the keeping and control of dogs, cats, and other animals and providing for the control and suppression of rabies with the following pre-approved exception(s): (please mark all that apply) ☒Ordinance No. 630 - SECTION 12. - Mandatory Spaying and Neutering. The CITY does not require the spay/neuter of: ☒Dogs ☒Cats ☒Ordinance No. 630 - SECTION 13. - Mandatory Microchipping. The CITY does not require microchipping of: ☐Dogs ☐Cats ☒Ordinance No. 630 - SECTION 5. – Number of dogs and cats. The CITY allows for the following maximum number of animals per household: 4 Dogs 4 Cats 8 Total Dogs/Cats ☒Ordinance No. 878 - SECTION 5. – Noisy Animal Complaints. The CITY will conduct CITY noise complaints. CITY’s Noise Complaint Contact Information: Name: Code Compliance Telephone: 760-777-7050 Address: 78495 Calle Tampico, La Quinta, Ca 92253 199 6.List of City Municipal Codes Please list individual municipal code sections requested to be enforced by the COUNTY. (Please ensure your municipal code contains adequate enforcement authority.) City Code Number City Code Section Title County Approved County Not Approved Title 10 Animals N/A N/A N/A N/A N/A N/A N/A N/A 200 ATTACHMENT B COUNTY OF RIVERSIDE DEPARTMENT OF ANIMAL SERVICES CITY/COUNTY SERVICES RATES A. Billing Period These billing rates are effective from July 1, 2025, through June 30, 2028. B. Billing Rates Based on CITY’s needs and System Impact Shelter Services: FY 2025/2026 FY 2026/2027 FY 2027/2028 $104,701 $163,756 $203,126 Field Services: FY 2025/2026 FY 2026/2027 FY 2027/2028 $293,960 $316,186 $331,996 Additional Administrative Services Leadership Attendance at meetings in excess of contract allowance 1. Director = $185.03/Hour 2. Assistant Director = $153.72/Hour 3. Deputy Director = $142.43/Hour Production of reports in excess of contract allowance Analyst = TBD/Hour Animal Control Officer in excess of contract allowance – Investigations/court appearances 1. Commander = $109.26/Hour 2. Lieutenant = $76.53/Hour 3. Sergeant = $68.62/hour 4. Animal Control Officer = $56.62/Hour Spay/Neuter Trust Spay/Neuter Trust $5.00 per animal License 201 ATTACHMENT C Rates Methodology Cities are financially responsible for the care of animals impounded within the City’s jurisdiction and the County is responsible for the care of animals impounded within the County’s jurisdiction. When a city contracts for services, it can save by sharing resources with the County and other contracted cities. The existing County/City contract rates model is complex, and administrative staff, county and city, are required to invest a significant amount of time preparing, reviewing, discussing and justifying billing for each of the contract cities, monthly. The current methodology also does not allow the agencies to budget for the cost of shelter services provided since they are based on the incoming animals and length of stay. The unpredictability of these shelter costs can cause a burden on contracting cities, making it hard for them to budget and pay timely. This can also cause a burden on the County in collecting these revenues. It also does not incentivize the agencies to promote animal licensing, spay or neutering of the animals, adoptions or other revenue generating activities within their jurisdictions. The County has gone away from a per animal methodology for shelter services and developed a “Piece of the Pie” billing methodology, where each city’s contribution is based on its proportional impact to the County shelter system. The impact is calculated using a variety of factors. By distributing costs based on actual usage and demand, this approach ensures fair allocation of expenses while promoting engagement and efficient resource management. Animal Control and Sheltering costs are generally driven by: Field Services a.Calls for service b.Time to complete a service call c.Staff d.Administration e.Support Services f.Population Shelter Services a.Average Length of Stay b.Number of Impounds c.Staff d.Program expenses e.Administration f.Support Services g.Facilities h.Population To simplify the methodology these drivers were categorized into three (3) cost pools: a.Shelter Costs to house and care for the animals; b.Animal Control Field Services Costs (as applicable); and c.Split costs that were allocated between the two primary categories are based on either the ratio of the shelter category costs to field category costs or based on statistics provided by Animal Services for its call center. 202 1. SHELTER COSTS DISTRIBUTION The costs of providing Shelter Services were determined by using three different allocation areas, based on the RCDAS FY 24/25. These allocation areas were weighted based on the impact to shelter resources: a. Average Impound numbers (number of animals that come into the shelter for each city and the unincorporated areas of the County – Animals/month based on 30 months or the length of the contract if less than 30 months). (30% impact weight) b. Average Length of stay (LOS) for animals per city and the unincorporated areas of the County – LOS/month based on 30 months or the length of the contract if less than 30 months. (50% impact weight) c. On the human population of a city. (20% impact weight) Within each of the allocations, spilt costs are included. The cities and the County were assigned a percentage of the cost based on their statistic or number and the ratio to the total. 2. FIELD SERVICES DISTRIBUTION The costs of providing field services were allocated based on the minimum number of officers required – Officer + Vehicle a. Total field service costs are divided by the total number of officers to find the annual cost per unit. b. Overtime, overtime holiday, and vehicle lease are excluded from the total field services costs for cities. c. Vehicle charges are added per officer vehicle, field leadership vehicle and licensing vehicle. Only those cities who opt for Animal Control Officer Services will be allocated their piece of the costs. Within each of the allocations, spilt costs are included. 203 3. SPLIT SERVICES DISTRIBUTION These costs consist of Administration, Facilities, and Support, each uniquely supporting either shelter or field operations and were split between Shelter and Field based on the ratio of the budgeted amounts identified as either shelter or field. By using the piece of pie methodology, with the three different allocation areas, and then weighted based on a city’s impact to shelter resources, cities will be charged for their proportion of the total County animal shelter costs incurred during the fiscal year as illustrated below. EXAMPLE: Hypothetical animal sheltering services budget to distribute: $20,000,000 Total Average Impounds weighted @ 30% of costs = $6,000,000 Total Average Kenneling Days weighted @ 50% of total costs = $10,000,000 Total Population weighted @ 20% of costs = $4,000,000 City A has 2.9% of the average total impounds/yr. City A has 2.5% of the average of Kenneling days/yr. City A has a population that is 7% of the total served pop. (County + all contract Cities) City A: (0.029 * $6,000,000) + (0.025 * $10,000,000) + (0.070 * $4,000,000) = $704,000 City A’s future FY cost = $704,000 Payments of $176,000 made quarterly which will be reduced by any licensing revenue For the contract term. City A’s animal shelter budget shall follow the following three (3) year 4% fixed-rate schedule: $704,000.00 for fiscal year 2025-2026 (contract year 1) $732,160.00 for fiscal year 2026-2027 (contract year 2) $761,446.40 for fiscal year 2027-2028 (contract year 3) 4. OTHER CONSIDERATIONS A. Medical Costs Medical costs (excluding spay/neuter surgeries) provided by the County’s medical staff are included in shelter costs to establish each city and the County’s rate for sheltering and are not billed separately or in addition to that rate. The County reserves the right to send any animal to a private veterinary facility for examination, 204 treatment, and/or hospitalization as the County deems necessary in its sole and absolute discretion. All expenses incurred by the County for outside medical services, for animals from a City, will be billed to the City. B.Billing for “Legal Hold” and Other Shelter Services: Because the Piece of the Pie Methodology is based on average intakes, Dogs and cats that are housed for a “legal hold” and other shelter services are not billed separately. The length of stay data (from intake to disposition) for each animal will be collected for future contract negotiation purposes and can be available to a city, upon request. Legal hold animals are held in accordance with applicable statutory guidelines, and/or at the sole and absolute discretion of the County based on pending or anticipated criminal, civil, or administrative action. C.Capital Improvements Each year this contract is in effect, the County may submit to the contracted cities during the regular budget process a request for any needed capital improvements to the Shelter. Any such request shall include a description of the requested improvements and an estimate of their cost. Contracted cities shall give good faith consideration to each request; however, it is understood that capital improvements are subject to overall city budgetary priorities and funds availability, and a city shall in no event be obligated to contribute to such capital improvements. If an emergency arises relating to Shelter maintenance during the term of this contract, the County shall advise the contracted cities within forty- eight (48) hours so that the cities may decide whether to take appropriate action. D.Level of Field Service a.Level of Service Specified. The County shall provide all enforcement services at the minimum level based on an average number of calls to that city. b.Variation in Level of Service. Variations in the level of service shall be made by amendment as provided for in Section XI of this Agreement, and under the following terms. i.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 practicable. ii.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. 205 E. Cost Offsets A contracted city will receive credit from the County for all applicable redemption fees collected from or on behalf of the owner of an animal that is claimed from the custody of the Department, up to the maximum amount billed to the city for that animal. The Department reserves the right to waive fees when appropriate in the Department's sole and absolute discretion. A city will not receive any credit for adoption fees (whether paid by an individual or an organization). F. Revenues Revenues are applied to reduce the costs for shelter and field services. 206 DAS Proposed City Contract Rates ATTACHMENTO2 207 Shelter Contract Rates •Contract Rates Background •County analyzed two cost recovery options: Option A - Cities and CountyFull Share Total Shelter Costs – Piece of Pie Method Option B – Baseline Costs for County Operations Removed from the Total Shelter Costs, RemainingCosts Distributed Between Contract Cities – Piece of Pie Method 1 208 Current City Shelter Contract Rates •16 Contract Cities -Blythe, Calimesa, Cathedral City, Coachella, Desert Hot Springs, Eastvale, Hemet, Indian Wells, Indio, Jurupa Valley, La Quinta, Palm Desert, Perris, Rancho Mirage, Riverside & San Jacinto (until FY24/25 SB Cities were included). •In 2019 the Board of Supervisors directed RCDAS to review current contract rates and adjust contract rates accordingly. •FY19/20 Rates increased: * Charging for dead animal pickup/disposal & wildlife FY20/21 Rates increased: * Year one of three yr. increases – $20/day Kenneling day charges FY21/22 Rates increased: * Year two of three yr. increases –$31.60/day Kenneling day charges FY22/23 Rates increased: •Year three of three yr. increases – $34.10/day Kenneling day charges FY23/24 Rates not increased FY24/25 Rates increased: * SB contracts ended, Carry over charges for animals began being collected & 5% field increase applied 2 209 Current City Contract Rates •Currently,16 Cities contract with the County for Sheltering Services, while 10 Cities also contract for Field Services. •Sheltering costs are driven by: Field Services costs are driven by: •Average Length of Stay •Number of Impounds •Population •Staff required •Program expenses •Administration •Support Services •Facilities •Call volume •Time required to complete a service call •Staff required to serve the call volume •Administration •Support Services •Population 3 210 Background – Current City Contract Rates •Current Field service allocation allows for: •A fair an equitable allocation methodology, given the direct nexus to the service of an officer. •Increase 5% for Labor Costs (FY25/26). •Current Sheltering contract allocation is unpredictable and varies: •Is billed per kenneling day depending on the animal type and separately accounting for Operations and Maintenance and utilities. •Causes an administrative burden on City and County Staff. Reconciliation required each month, making it difficult to budget and pay timely. •Does not allow appropriate cost recovery. •Focuses on Boarding – But DAS must also enhance life saving programs. 4 211 Needs for DAS to Increase Live Outcomes To Continue to Improve Live Outcomes The System Requires Enhanced Life Saving Programs: 1. An increase to Animal Care Staff 2. Enhanced Adoption and Foster Teams 3. Intake to Placement Program Support 4. Media/Marketing Team Expansion To realize the above the Department is seeking an increase of 38 positions = $4,565,425 for the additional staff Intake to Placement Program 1 Animal Services Manager 4 Senior Animal Services Counselors 4 Animal Services Counselors Media Team Expansion 1 Public Information/Media Specialist 1 Administrative Services Analyst Animal Care staffing 3 Supervising Animal Services Counselors 9 Animal Services Counselors 1 Administrative Services Analyst Enhance Foster/Adoption Teams 3 Supervising Animal Services Counselors 10 Animal Services Counselors 1 Administrative Services Analyst 5 212 Key Observations – Historic City Contract Revenue *Average Impounds and Revenues exclude SB Cites (no longer under contract) 6 Average Funding - 2.5 years* 16 Contract Cities 28.08% 71.92% *Unincorporated County $13,939,286 *Contract Cities Combined $5,441,446 Unincorporated County 7,109 Contract Cities Combined 16,992 Average Annual Impounds Over 2.5 years* 29.50% 70.50% 213 Piece of Pie Methodology (MGT) The cities and the county were then assigned an allocation percentage of the cost based on their statistic or number and the ratio to the total number. Total Distributed Costs allocations are determined by weighted impacts: Average Length of Stay (LOS) Average Impounds Human Population Weighted Impacts 50% 30% 20% Given the cost impacts & challenges with Length of Stay: A 50% allocation was used 7 214 * Does not include San Bernardino Cities Option A – Full Cost Sharing Allocation 38 Positions Added * 33,838 Total (31,470 Dogs & Cats) 8 Full Cost Sharing Allocation FY25/26 Unincorporated County 45.94% 54.06% Contract Cities Combined Total Impounds* - 2024 30.46% 69.54% Contract Cities Combined 23,530 Unincorporated County 10,308 215 Option A – Full Cost Sharing Allocation - 38 Staff Added Agencies FY 24/25 Projected Budget FY 25/26 Shelter Costs Difference % Increase/Decrease - FY25/26 vs. FY24/25 Projected Unincorporated, none contract, and former contracts included $15,812,966 $12,911,070 -$2,901,896 -18% Blythe $147,581 $344,831 $197,250 134% Calimesa $19,826 $60,740 $40,914 206% Cathedral City $285,594 $548,572 $262,978 92% Coachella $317,474 $560,668 $243,194 77% Desert Hot Springs $7,210 $142,011 $134,801 1870% Eastvale $135,319 $440,785 $305,466 226% Hemet $895,099 $1,358,808 $463,709 52% Indian Wells $3,159 $24,974 $21,815 691% Indio $399,998 $913,193 $513,195 128% Jurupa Valley $1,402,616 $2,282,795 $880,179 63% La Quinta $85,016 $263,972 $178,956 210% Palm Desert $186,286 $330,874 $144,588 78% Perris $724,596 $1,331,067 $606,471 84% Rancho Mirage $36,624 $144,297 $107,673 294% Riverside $2,177,360 $5,188,702 $3,011,342 138% San Jacinto $655,468 $1,254,893 $599,425 91% City Contracts Total $7,479,226 $15,191,182 $7,711,956 103% Total Shelter Expenses $23,292,192 $28,102,252 Shelter Distribution - Full Costs Sharing With County & Needed 38 staff 9 216 Option B - County Baseline Model 1. There is cost to operate the County’s shelters to support unincorporated areas even if the Cities chose not to contract with the County; 2. Life Saving Programs to would still be needed: 3. Animal kenneling days may even increase, due to reduced adoption pool; 4. Remove baseline costs (those costs that the County would have to pay to meet its obligation to the unincorporated areas). •Implementing Option A -full cost sharing approach may not be the reasonable option for our city partners, as the rates are substantially higher with a cost sharing model. • Accounting County Baseline Shelter Costs, a hybrid rate methodology, Option B, will be recommended to the Board of Supervisors as: 10 217 Option B - County Baseline Allocation with 38 Staff Added Unincorporated County 10,308 Contract cities Combined 23,530 Total Impounds* – 2024 30.46% 69.54% *Does not include San Bernardino Cities * 33,838 Total (31,470 Dogs & Cats) 11 County Baseline Allocation Option B County Cities Combined 44.82% Unincorporated County 55.18% Staff will be recommending option B to the Board of Supervisors 218 Recommended Option B -Cost Sharing County Baseline Allocation - 38 Staff Added Agencies FY 24/25 Projected Budget FY 25/26 Shelter Costs Difference % Increase/Decrease - FY25/26 vs. FY24/25 Projected Unincorporated, none contract, and former contracts included $15,812,966 $15,505,884 -$307,082 -2% Blythe $147,581 $285,983 $138,402 94% Calimesa $19,826 $45,741 $25,915 131% Cathedral City $285,594 $452,190 $166,596 58% Coachella $317,474 $474,700 $157,226 50% Desert Hot Springs $7,210 $108,654 $101,444 1407% Eastvale $135,319 $342,600 $207,281 153% Hemet $895,099 $1,100,295 $205,196 23% Indian Wells $3,159 $18,683 $15,524 491% Indio $399,998 $751,839 $351,841 88% Jurupa Valley $1,402,616 $1,874,662 $472,046 34% La Quinta $85,016 $203,126 $118,110 139% Palm Desert $186,286 $256,652 $70,366 38% Perris $724,596 $1,114,579 $389,983 54% Rancho Mirage $36,624 $120,374 $83,750 229% Riverside $2,177,360 $4,410,879 $2,233,519 103% San Jacinto $655,468 $1,035,411 $379,943 58% City Contracts Total $7,479,226 $12,596,368 $5,117,142 68% Total Shelter Expenses $23,292,192 $28,102,252 Shelter Distribution - County Baseline Option With 38 Needed Additional Staff 12 219 Implementation Approach 13 •Field Labor Rates to be increased 5% for FY25/26, FY26/27 & FY 27/28 •Shelter Rate Increases to be distributed over a three-year phase-in period. •Shelter Increases would begin January 1st, 2026 – Budget FY25/26 for ½ yr. •Updated Contracts/Facilitation Include: Payments to County made Quarterly. Reconciliation annually, Based on each city’s LOS/Impounds/Population allocation Cities will be asked provide Spay/Neuter Clinic(s) in their City Opt-in to a Spay/Neuter Trust to fund clinic(s) Cities will be asked to provide Vaccination/Microchip/Licensing Clinic(s) in their City 220 Thank you 221 Category Current Charges Annual Adjustment 7/1/25 thru 12/31/25 1/1/26 thru 6/30/26 7/1/25 thru 6/30/26 Percentage Increase* 7/1/26 thru 6/30/27 Percentage Increase* 7/1/27 thru 6/30/28 Percentage Increase Shelter 85,016 39,370 42,508 62,193 104,701 23.15%163,756 92.62%203,126 138.93% Field 286,790 0 143,395 150,565 293,960 2.50%316,186 10.25%331,996 15.76% Total Charges 371,806 39,370 185,903 212,758 398,661 7.22%479,942.42 29.08%535,121.74 43.92% NOTES: Annual adjustment will only be charged for the last 6 months of FY 25/26, a 50% reduction in FY 25/26 increase. First six months of FY 25/26 will be based on current new rates methodology. Last two years increase is based on full charge from FY25/26 new rates methodology City currently contracts for 1 Animal Control Officer Any Overtime for ACO's will be charged at 1.5 per hourly charges. * Percentage Increase is in reference to Current Charges. City of La Quinta 3 year Rate sheet Sheltering charges to increase by 138.93% at end of three-year period Year ThreeYear TwoYear One Rates ATTACHMENTf3 222 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE : APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH RINCON CONSULTANTS, INC. FOR GEOGRAPHIC INFORMATION SYSTEM TECHNICAL SUPPORT SERVICES RECOMMENDATION Approve Amendment No. 1 to the Agreement for Contract Services with Rincon Consultants, Inc. for additional Geographic Information System Technical Support Services; and authorize the City Manager to execute the amendment. EXECUTIVE SUMMARY •On October 18, 2022, following the competitive Request for Proposals (RFP) procurement process, Council approved a five-year agreement with Rincon Consultants, Inc. (Rincon) for Geographic Information Systems (GIS) technical support services with a not-to -exceed amount of $285,000. •Since then, staff has expanded GIS services across most City departments beyond the original contract scope, creating a need for additional funds to maintain services through the contract’s expiration on June 30, 2027. •Amendment No. 1 (Attachment 1) proposes to increase compensation by $100,000, for a total not to exceed $385,000 for additional GIS services including OpenGov implementation, Tyler Enterprise Permitting & Licensing maintenance, Public Safety GIS services, and general GIS support. FISCAL IMPACT Proposed Amendment No. 1, if approved, provides an increase of $100,000, amending the total compensation from not to exceed $285,000 to $385,000. Funds are available and budgeted in Account No. 502-0000-60301(Software Licenses), $83,360 rendered for the continuation of GIS services and $16,640 allocated towards contingency funding. BACKGROUND/ANALYSIS On October 18, 2022, Council approved a five-year agreement with Rincon to implement Tyler’s EnerGov Enterprise Permitting & Licensing (EPL) system and expand GIS capabilities, for a total not to exceed of $285,000. The contract provided an initial BUSINESS SESSION ITEM NO. 2 223 implementation allocation of $100,000, annual maintenance funding of $30,000, and a $7,000 annual contingency through June 30, 2027. Since execution, GIS services have expanded greatly at the City, supporting both internal and external work efforts. The following is a summary of successful GIS projects implemented by the Rincon team: Feature Area Purpose Service Zoning & Land Use Official Zoning Map Parcel-level & overlay search Permitting/Development HUB Online Portal Real-time permits, plans, licenses Community Planning Sphere of Influence Expansion & annexation scenario Tourism/Recreation Digital Parks & Trails Map exploration, wayfinding Parcel/Property Data All parcel data for all departments Assessor, recorded maps, layers As the success of these projects continues, a demand for growth to improve internally facing and externally facing GIS opportunities, resulting in the proposed Amendment. The defined projects include: •OpenGov Implementation (Public Works asset management: transportation, walkability, signals, parks, facilities, stormwater, fleet) •Tyler EPL Parcel & Addressing maintenance (coordination with Riverside County GIS) •Public Safety GIS (emergency planning exhibits, web apps, code-enforcement parcel layer maintenance) •Additional GIS support (exhibits, web applications, data maintenance, project coordination and training) If approved, the proposed amendment adds $83,360 for these expanded tasks and a contingency of $16,640 to replenish the previously used amount and ensure uninterrupted service through the contract’s remaining term. Rincon’s proven performance and established relationships across City Hall’s staff supports this recommendation . ALTERNATIVES Council may elect not to approve this Amendment, or recommend a reduced amount, though based on the success of the implementation for projects thus far, and the critical support as cyber infrastructure for City departments, Staff does not recommend this. Prepared by: Doug Kinley III, Senior Management Analyst Approved by: Gilbert Villalpando, Director of Business Unit & Housing Development Atta chment: Amendment No. 1 to Agreement with Rincon Consultants, Inc. 224 AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH RINCON CONSULTANTS, INC. This Amendment No. 1 (“Amendment 1”) to Agreement for Contract Services ("A greement”) is made and entered into as of the 6th day of August, 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and charter city, and Rincon Consultants, Inc., a California Corporation “Contracting Party”). RECITALS WHEREAS, on or abou t November 1, 2022, the City and Contracting Party entered into an five-year Agreement to provide Geographic Information System (GIS) Technical Support Services, for a total not to exceed amount of $285,000; the Agreement expires June 30, 2027 (“Initial Term”); and WHEREAS, City and Contracting Party mutually agree to amend Section 1.1 Scope of Services and related Exhibit A of the Agreement to include additional professional services related to GIS support services for all City departments, and contingency planning for operational needs; and WHEREAS, City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and related Exhibit B of the Agreement to increase the total not to exceed compensation amount from $285,000 to $385,000 for the additional services listed above for the Agreement Term. 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 h ereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows: 1.Section 1.1 Scope of Services is amended to read as follows: 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Geographic Information System (GIS) Technical Support Services, and additional professional services related to City projects as specified in the “Scope of Services” attached hereto as “Ex hibit A” and incorporated herein by this reference (the “Services”). C ontracting Party represent 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. ATTACHMENT 1 225 2.“Exhibit A” – Scope of Services is amended to include the additional services detailed in Exhibit A, attached to this Amendment No. 1, and incorporated herein by this reference. 3. Section 2.1 is amended to read as follows: 2.1 C ontract Sum. For the services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with the following revised “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Three Hundred Eighty-Five Thousand Dollars ($385,000) for the life of the Agreement, encompassing the Initial and any Extended terms (the “Contract Sum”), except as provided in Section 1.7. 4.“E xhibit B” – Schedule of Compensation is amended as listed in “Exhibit B,” attached hereto and incorporated herein by this reference. In all other respects, the original Agreement shall remain in effect. IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 1 to the Agreement on the respective dates set forth below. CIT Y OF LA QUINTA RINCON CONSULTANTS, INC. a California municipal corporation a California Corporation ____ _______________________ JON McMILLEN, City Manager Signing Authority City of La Quinta, California _______________________ Print Name Here 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 226 Exhibit A Scope of Services Exhibit A incorporated in the Agreement remains in full force and effect. Contracting Party is to provide additional professional services related to GIS Technical Support including but not limited to: a)OpenGov Implementation b)Tyler Enterprise Permitting & Licensing Parcel and Address Maintenance c)Public Safety GIS d)Additional GIS Support 227 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 during the life of the contract is T hree Hundred Eighty-Five Thousand Dollars ($385,000) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation originally attached for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of the Original Agreement. 228 BUSINESS SESSION ITEM NO. 3 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLF : APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FLOCK GROUP, INC FOR AUTOMATIC LICENSE PLATE READER SYSTEM WITHIN LA QUINTA'S BOUNDARIES; AND AUTHORIZE RIVERSIDE COUNTY SHERIFF'S DEPARTMENT AS THE SYSTEM'S ADMINISTRATOR AND AUTHORIZED USER RECOMMENDATION Approve Agreement for Contract Services with Flock Group, Inc., for automatic license plate reader system within La Quinta's boundaries; authorize Riverside County Sheriff's Office as the system's administrator and authorized user; and authorize the City Manager to execute the agreement, substantially in the form attached, and make any revisions necessary to conform with standard City contract provisions. EXECUTIVE SUMMARY • On April 3, 2023, Council approved installation and operation of the Flock Automatic License Reader System (ALPR) during a public hearing. • ALPR technology has improved Riverside County Sheriff's Office (RCSO) efficiency in identifying vehicles of interest. The system serves as a crime -fighting tool utilized by law enforcement agencies nationwide (Attachment 2). • RCSO is the sole administrator and authorized user of the ALPR system in compliance with Civic Code Sections 1798.29 and 1798.82, amended in 2015, establishing requirements to secure data use, prevent misuse, and ensure public transparency. The Flock Safety Falcon ALPR system is provided under a subscription model at a flat annual fee of $3,000 per camera which is a 20% increase from previous years. Included in the cost are the camera hardware, hardware maintenance, ALPR software, software updates, 30 days unlimited data storage, LTE connectivity (wireless transmission), solar panels, poles, mounting equipment and monitoring. The cost for leasing 69 Flock ALPR system cameras, including the equipment and software, is $207,000 per year ($17,250 base monthly rate) for a total amount not to exceed $414,000 for a 24-month lease from May 2025 to May 2027 (Attachment 1). Funds in the amount of the contract are available in the fiscal year 2025/26 Police Budget account 101-2001-60692 for Public Safety Camera Maintenance. 229 BACKGROUND/ANALYSIS In 2020, RCSO implemented the Flock ALPR system across unincorporated county areas, and since then, Flock has become their sole source vendor for the Flock Safety ALPR cameras system. Flock Safety is the only fully integrated ALPR one -stop solution which includes hardware, software, installation, and maintenance of the system. Flock Safety is also the sole provider of the patented "Vehicle Fingerprint" Technology, which allows the system to identify vehicles using license plates and unique features like color and make, without using facial recognition or collecting personal information. Data is securely stored in the AWS Government Cloud and automatically deleted after 30 days. The system only captures photos (no live feed), ensuring privacy and non -surveillance. On March 7, 2023, staff presented a study session to the Council detailing the features, benefits, and privacy safeguards of the Flock ALPR System. Following comprehensive discussions with RCSO and public input, Council approved installation and operation of the ALPR system during a public hearing held on April 3, 2023. Given the increased use of ALPR, in 2015 California passed Senate Bill 34 (SB 34) (Stats. 2015, CH. 532, Hill), amending Civil Code Sections 1798.29 and 1798.82, establishing strict regulations to protect and secure the data collected through ALPR (Attachment 3). These regulations include requiring public approval before a system is installed, establishment of strict security measures, and privacy policies for ALPR systems, and users. RCSO manages all Flock cameras in unincorporated areas and contract cities, including La Quinta, where only RCSO staff have system access. RCSO enforces a strict ALPR policy limiting data use to law enforcement purposes, prohibits data sharing or sale, and mandates four hours of staff training before system access. As an ALPR administrator and per SB 34, RCSO has established an ALPR Policy which is posted on the RCSO's website as "Policy 412" within the RCSO Standards Manual (DSM), (Attachment 4). Per RCSO's policy, ALPR data may only be used for official law enforcement purposes, and cannot be shared, transferred, or sold for any other use. IA I- TERNATIVES Staff does not recommend an alternative. Prepared by: Approved by: Lisa Chastain, Public Safety Management Analyst Martha Mendez, Public Safety Deputy Director Attachments: 1. Agreement for Flock Safety ALPR Services 2. RCSO Flock Safety ALPR Recommendation 3. Senate Bill 34 — ALPR system: Use of Data 4. RCSO Automated License Plate Reader Policy - Policy 412. 230 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 Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("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 Flock's Automated License Reader services, including software and hardware, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Notwithstanding any provisions in Exhibit A to the contrary, the terms and conditions in this Agreement excluding Exhibit A shall supersede, govern, and control in the event that there are any inconsistencies or direct or indirect conflicting provisions in Exhibit A, it being expressly understood and agreed by the Parties that Contracting Party has requested that it's form agreement be attached to this Agreement as Exhibit A. 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 231 hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered 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, -2- 232 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 Four Hundred and Fourteen Thousand Dollars ($414,000), during the term of the 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 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. -3- 233 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 April 15, 2025 and terminate on June 30, 2027 ("Initial Term"). This Agreement may be extended for one (1) additional year(s) upon mutual agreement by both parties ("Extended Term"), -4- 234 and executed in writing. The Initial Term and, if applicable the Extended Term, are defined to be the "Term" of the Agreement. 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) Flock Group Inc. 1170 Howell Mill Road NW, Ste 210 Alanta, GA 30318 ATTN: Legal (b) City of La Quinta 78495 Calle Tampico La Quinta, Ca 92253 ATTN: Public Safety Deputy Director 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 Martha Mendez, Public Safety Deputy 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, -5- 235 voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. -6- 236 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to City along with all required endorsements. Certificate of Insurance and endorsements must be approved by City'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 -7- 237 thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. -8- 238 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising -9- 239 out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. -10- 240 8.7 Omitted. 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. -11- 241 No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: To Contracting Party: CITY OF LA QUINTA Attention: 78495 Calle Tampico La Quinta, California 92253 FLOCK GROUP INC. ATTN: Legal 1170 Howell Mill Road NW, Ste 210 Atlanta, GA 30318 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. -12- 242 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of 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] -13- 243 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: By: Name: Title: ATTEST: By: Name: Title: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California -14- 244 Exhibit A Scope of Services Master Services Agreement ("MSA") This Master Services Agreement (this "MSA") is entered into by and between Flock Group Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 ("Flock") and the City of La Quinta and identified herein as the "Customer" (each a "Party," and together, the "Parties"). This MSA is effective (the "Effective Date") on the date of commencement of the Initial Term as set forth in Section 3.4 of the AGREEMENT FOR CONTRACT SERVICES ("Contract Services Agreement"), to which this MSA is attached as Exhibit A. Parties will sign an Order Form ("Order Form") which will describe the Flock Services to be performed and the period for performance, attached hereto as part of this Exhibit A. RECITALS WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock's technology platform (the "Flock Services"), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Customer upon the instructions of Authorized End User(s) (as defined below) ("Notifications"); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications (where there is an investigative or bona fide lawful purpose), via the Flock Services; and WHEREAS, as described in the definition of Retention Period and this MSA, Flock deletes all Footage on a rolling thirty (30) day basis, and Customer is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and Exhibit A Page 1 of 21 Last revised summer 2017 245 NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1. 1.1 "Agreement" means the Contract Services Agreement, and "MSA" means (a) this Master Services Agreement (attached as Exhibit A to the Contract Services Agreement), (b) the order form to be provided (and also attached as part of this Exhibit A) ("Order Form"), and (c) any document incorporated by reference in section 11.4 that is not inconsistent with the Contract Services Agreement. 1.2 "Anonymized Data' means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly. 1.3 "Authorized End User(s)" means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this MSA. 1.4 "Customer Data" means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage. 1.5. "Customer Hardware" means the third -party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. 1.6 "Effective Date" has the meaning in the Preamble to this MSA (above). 1.7 "Embedded Software" means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware. 1.8 "Flock Hardware" means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Exhibit A Page 2 of 21 246 Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form. 1.9 "Flock IP" means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below). 1.10 "Flock Services" or "Services" means the provision of Flock's software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage. 1.11 "Footage" means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services. 1.12 "Integration Data" means any distribution of data from a Customer requested third party integration. 1.13"Installation Services" means the services provided by Flock for installation of Flock Services. 1.13.5 "MSA" has the meaning in Section 1.1 above. 1.14 "Permitted Purpose" means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law. 1.15 "Retention Period" means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices. 1.16 "Term" means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational. 1.17 "Web Interface" means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non -transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to Exhibit A Page 3 of 21 247 access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (" User ID"). Subject to the provisions in the next paragraph of this Section 2.1, Customer shall be responsible for all acts and omissions of Authorized End Users. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this MSA and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Customer and Authorized End Users. In clarification of the preceding paragraph, Customer contracts for specified law enforcement, public safety, and peace officer services with the Riverside County Sheriff's Office ("Sheriff's Office"), which is under the jurisdiction of the County of Riverside ("Riverside County"), a political subdivision of the State of California. Pursuant to Section 2.1 of that certain Agreement for Law Enforcement Services, effective July 1, 2025 through June 30, 2027 ("Law Enforcement Agreement"), the Sheriff's Office is the exclusive provider of specified law enforcement, public safety, and peace officer services within the Customer's territorial boundary, and pursuant to Section 6.1 of the Law Enforcement Agreement, all persons employed by the Sheriff's Office are Riverside County employees. As such, and notwithstanding any provisions in the preceding paragraph to the contrary, any act or omission by an Authorized End User who is employed in the Sheriff's Office, which would constitute a breach of this MSA, shall be deemed a breach of this MSA by the Sheriff's Office and Riverside County pursuant to the Riverside County indemnification obligation to Customer under Section 8.2 of the Law Enforcement Agreement. Customer acknowledges and agrees that any enforcement of Riverside County's indemnification obligation under the Law Enforcement Agreement shall be the sole obligation of Customer. 2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services. 2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts Exhibit A Page 4 of 21 248 to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on -site support and maintenance services in -person, via phone or by email at support@flocksafety.com (such services collectively referred to as "Support Services"). 2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock's products or services to its agencies, the competitive strength of, or market for, Flock's products or services, such platform or system's cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this MSA. 2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock's provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third -party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance ("Service Interruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer's direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term. 2.6 Service Suspension. Flock may temporarily suspend Customer's and any Authorized End User's access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Exhibit A Page 5 of 21 249 Services through Customer's account ("Service Suspension"). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension. 2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this MSA, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. 3. CUSTOMER OBLIGATIONS 3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this MSA, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer - issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this MSA. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as "Customer Obligations"). In clarification of the preceding paragraph, Customer contracts for law enforcement, public safety, and peace officer services with the Sheriff's Office, which is under the jurisdiction of Riverside County, a political subdivision of the State of California. Pursuant to Section 2.1 of the Exhibit A Page 6 of 21 250 Law Enforcement Agreement (effective July 1, 2025 through June 30, 2027), the Sheriff's Office is the exclusive provider of law enforcement, public safety, and peace officer services within the Customer's territorial boundary, and pursuant to Section 6.1 of the Law Enforcement Agreement, all persons employed by the Sheriff's Office are Riverside County employees. As such, and notwithstanding any provisions in the preceding paragraph to the contrary, Customer may identify Authorized End Users and User IDs for persons who are employed by Riverside County in the Sheriff's Office who are under contract with Customer to provide law enforcement, public safety, and peace officer services for the City of La Quinta, and Customer may transfer or share its account or password for use by any such law enforcement employees. 3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this MSA and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content. 4. DATA USE AND LICENSING 4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty -free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data. 4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer ("Customer Generated Data"). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer's intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty -free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data. Exhibit A Page 7 of 21 251 4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non - identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data. 4.4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a third party to either distribute Integration Data or Customer Data (such third party, "Recipient"). Upon such request, Customer hereby grants to Flock a non-exclusive, non -transferable, royalty - free, perpetual license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/or Integration Data, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a period longer than Flock's standard retention period and hereby provides consent to such retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces ("APIs") is not included under this MSA. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties. 5. CONFIDENTIALITY; DISCLOSURES 5.1 Confidentiality. To the extent required by any applicable public records requests (including requests under the California Public Records Act, Government Code section 7920.000 et seq. ("PRA")), each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this MSA. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take Exhibit A Page 8 of 21 252 the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this MSA will prevent Customer for complying with disclosures of documents or information required pursuant to the PRA, nor prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order, but failure by the Receiving Party to give such prior notice or the Disclosing Party to receive such prior notice shall not be a default or breach under the Contract Services Agreement or this MSA. At the termination of this MSA, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the MSA. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret. 5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this MSA. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. Customer and Authorized End Users shall not: (i) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the Flock Services or any software provided hereunder, (ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iii) interfere or Exhibit A Page 9 of 21 253 attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (v) use the Flock Services for anything other than the Permitted Purpose; or (vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer's rights. There are no implied rights. 5.3 Disclosure of Footage. Flock or Customer may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock or Customer has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce the MSA, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock and/or Customer, and their respective users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock or Customer may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order. 6. PAYMENT OF FEES 6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices pursuant to Exhibit B and Sections 2.1 and 2.2 of the Contract Services Agreement. 6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days' notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms. 6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock's net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and Exhibit A Page 10 of 21 254 shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required. 7. TERM AND TERMINATION 7.1 Term. The Term shall be as set forth Section 3.4 of the Contract Services Agreement. 7.2 Termination. Termination of the Contract Services Agreement (which includes this MSA) prior to expiration of the Term shall be governed by Section 8.7 of the Contract Services Agreement. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, then, in addition to the termination provision ins Section 8.8 of the Contract Services Agreement, the non -breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period ("Cure Period"). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre -paid fees for Services not received due to such termination. 7.3 Survival. The following Sections in this MSA will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and 11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER 8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Customer must notify Flock's technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock. Exhibit A Page 11 of 21 255 8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware. 8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRD -PARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED DISTRIBUTION IS AT CUSTOMER'S OWN RISK. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6. 8.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk. Certificates of Insurance shall be provided. These insurance requirements are in addition to the provisions set forth in Sections 5.1 and 5.2 and Exhibit E of the Contract Services Agreement. Exhibit A Page 12 of 21 256 8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions. 9. LIMITATION OF LIABILITY; INDEMNITY 9.1 Limitation of Liability. SUBJECT TO FLOCK'S INSURANCE AND INDEMNIFICATION OBLIGATIONS UNDER THE CONTRACT SERVICES AGREEMENT, AND EXCEPT AS EXPRESSLY PROVIDED IN THE CONTRACT SERVICES AGREEMENT (WHICH INCLUDES EXHIBIT F), FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY ALLEGATIONS AND/OR ACTUAL DAMAGES (UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY) FOR: (A) ERROR OR INTERRUPTION OF USE OF FLOCK SERVICES THAT IS BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL; (B) LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR VIDEO/SURVEILLANCE FOOTAGE FROM FLOCK SERVICES THAT IS BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY SIMILAR TO THE FLOCK SERVICES WHEN FLOCK IS NOT IN DEFAULT OR BREACH OF THE AGREEMENT OR THESE SUPPLEMENTAL TERMS; (D) LOSS OF BUSINESS; (E) ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNRELATED TO FLOCK'S CONTRACTUAL OBLIGATIONS TO CUSTOMER; (F) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; (G) ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH AND NOT IN DEFAULT OR BREACH OF THE AGREEMENT OR THESE SUPPLEMENTAL TERMS; (H) CRIME PREVENTION; OR (I) FOR ANY AMOUNTS THAT, Exhibit A Page 13 of 21 257 TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, FOR WHICH FLOCK IS ADJUDICATED AND DETERMINED TO BE IN BREACH OF ITS CONTRACTUAL OBLIGATIONS, EXCEEDS TWO TIMES (2X) THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THE CONTRACT SERVICES AGREEMENT. IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS. 9.2 Responsibility. Each Party to this MSA shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this MSA. Each Party to this MSA shall be liable for the torts of its own officers, agents, or employees. 9.3 Flock Indemnity. Indemnification obligations are set forth in Section 6.1 and Exhibit F of the Contract Services Agreement. 10. INSTALLATION SERVICES AND OBLIGATIONS 10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this MSA, except as otherwise specifically set forth in this MSA. Except as otherwise expressly stated in this MSA, Customer is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this MSA shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Customer's default and Flock shall have the right to enforce any other legal remedy or right. Exhibit A Page 14 of 21 258 10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan ("Deployment Plan"). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer. 10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re -positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee- schedule). Customer will receive prior notice and has the right to confirm approval of or deny any such fees. 10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached to this MSA. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation. 10.5 Flock's Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this MSA, provided that Flock's use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock's obligations under this MSA. 11. MISCELLANEOUS 11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). Exhibit A Page 15 of 21 259 11.2 Severability. If any provision of this MSA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this MSA will otherwise remain in full force and effect. 11.3 Assignment. This MSA is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this MSA, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction. 11.4 Entire MSA. This MSA, together with the Contract Services Agreement and all other attached exhibits, Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall- fee-schedule), and any other attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this MSA. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer's purchase orders, authorizations or similar documents will alter the terms of this MSA, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this MSA, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. Customer agrees that Customer's purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature. 11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this MSA and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer. 11.6 Governing Law; Venue. This MSA shall be governed by the laws of the state in which the Customer is located, which is the State of California. The Parties hereto agree that venue would be proper in courts with applicable jurisdiction in Riverside County, California, which is where the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this MSA. Exhibit A Page 16 of 21 260 11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this MSA, upon Customer's prior written consent and the mutual execution by authorized representatives ("Special Terms"). To the extent that any terms of this MSA are inconsistent or conflict with the Special Terms, the Special Terms shall control. 11.8 Publicity. Upon prior written consent from Customer, Flock has the right to reference and use Customer's name and disclose the nature of the Services in business and development and marketing efforts. Nothing contained in this MSA shall be construed as conferring on any Party, any right to use the other Party's name as an endorsement of product/service. 11.9 Feedback. If Customer or Authorized End User provides suggestions for enhancement relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation ("FAR"), section 2.101, the Services, the Flock Hardware and Documentation are "commercial items" and according to the Department of Defense Federal Acquisition Regulation ("DFAR") section 252.2277014(a)(1) and are deemed to be "commercial computer software" and "commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this MSA and will be prohibited except to the extent expressly permitted by the terms of this MSA. 11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the MSA or interpreting the associated sections. Exhibit A Page 17 of 21 261 11.12 Authority. Each of the signers of the Contract Services Agreement represents that they understand this MSA and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date. 11.13 Conflict. In the event there is a conflict between this MSA and any applicable statement of work, or Customer purchase order, this MSA controls unless explicitly stated otherwise. 11.14 Notices. In addition to the noticing provisions in Sections 4.1, 4.2, and 10.1 of the Contract Services Agreement that may be used, notices will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form. 11.15 Non -Appropriation. Notwithstanding any other provision of this MSA and the Contract Services Agreement, all obligations of the Customer which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate the Contract Services Agreement (which includes this MSA) for non -appropriation, without penalty or other cost, after delivering to Flock written notice thereof pursuant Section 8.7 of the Contract Services Agreement. Exhibit A Page 18 of 21 262 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, Exhibit A Page 19 of 21 263 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. Omitted. 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 Exhibit A Page 20 of 21 264 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. Omitted. Exhibit A Page 21 of 21 265 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Four Hundred and Fourteen Thousand Dollars ($414,000) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on an annual 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. Exhibit B Page 1 of 1 266 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. Exhibit C Page 1 of 1 267 Exhibit D Special Requirements None Exhibit D Page 1 of 1 268 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. Exhibit E Page 1 of 6 269 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. Exhibit E Page 2 of 6 270 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 Exhibit E Page 3of6 271 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 Exhibit E Page4of6 272 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 Exhibit E Page 5of6 273 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. Exhibit E Page6of6 274 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. Exhibit F Page 1 of 2 275 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. Exhibit F Page 2of2 276 ATTACHMENT 2 Riverside County Sheriff's Department Chad Bianco, Sheriff -Coroner Thermal Station 86625 Airport Boulevard • Thermal • California • 92274 www.riversidesheriff.org June 19, 2025 La Quinta City Council 78495 Calle Tampico La Quinta, Ca. 92253 Re: Automatic License Plate Readers — Flock Safety Dear Mayor Evans and Council Members, The Flock Safety automatic license plate reader (ALPR) camera system has proven to be a vital asset for sheriff's personnel assigned to provide law enforcement services to the City of La Quinta. The Riverside County Sheriffs Department remains committed to the City Council's priority of maintaining a high quality of life for residents, as well as supporting a safe and thriving business environment. The Flock ALPR system plays a key role in achieving both goals. This technology has enabled deputies to proactively respond to incidents involving organized retail theft crews as they enter the city's commercial areas. Many of these alerts originate from Flock entries made outside La Quinta's jurisdiction, demonstrating the value of interoperability and cross jurisdictional data sharing in combating organized criminal activity. Beyond retail theft, the ALPR system has supported a wide range of investigations, including those involving domestic violence, stalking, assault with a deadly weapon, exhibition of speed/street racing, theft, burglaries, missing persons, and stolen vehicles. Between May 20 and June 17, 2025, the ALPR cameras captured and processed over 3 million license plate reads, matching them against databases statewide. This underscores both the scale and utility of the system in enhancing public safety. In light of recent concerns regarding data sharing by the Riverside County Sheriff's Office with out-of- state or federal immigration authorities, I want to assure the Council that the administration at the Thermal Station conducts monthly audits of personnel access and usage. We remain in full compliance with RSO Department Policy 412, Senate Bill 34 (ALPR use and data privacy), and Senate Bill 54 (California Values Act). 277 Our continued commitment is to transparency, lawful use of technology, and the safety and privacy of La Quinta's residents and businesses. 4rely, , 7 r ncisco Velasco Lie tenant 278 ATTACHMENT 3 LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites SB-34 Automated license plate recognition systems: use of data. (2015-2016) SHARE THIS: uri Senate Bill No. 34 CHAPTER 532 An act to amend Sections 1798.29 and 1798.82 of, and to add Title 1.81.23 (commencing with Section 1798.90.5) to Part 4 of Division 3 of, the Civil Code, relating to personal information. Approved by Governor October 06, 2015. Filed with Secretary of State October 06, 2015. 1 LEGISLATIVE COUNSEL'S DIGEST SB 34, Hill. Automated license plate recognition systems: use of data. (1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator" as defined, including, among others, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information, as specified. The bill would impose similar requirements on an "ALPR end -user," as defined. The bill would require an ALPR operator that accesses or provides access to ALPR information to maintain a specified record of that access and require that ALPR information only be used for authorized purposes. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. The bill would require a public agency, as defined, that operates or intends to operate an ALPR system to provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. The bill would also prohibit a public agency from selling, sharing, or transferring ALPR information, except to another public agency, as specified. 279 (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above. This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last. This bill also would incorporate additional changes to Section 1798.82 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. 280 (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. 281 (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting of the notice on the agency's Internet Web site page, if the agency maintains one. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.1. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. 282 (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] 283 For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. 284 (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency's Internet Web site page, if the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. 285 (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.2. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not 286 comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: 287 (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting of the notice on the agency's Internet Web site page, if the agency maintains one. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.3. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH 288 What Happened? What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. 289 (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. 290 (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency's Internet Web site page, if the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 2. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. 291 (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. f p 3 ( 292 (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting of the notice on the Internet Web site page of the person or business, if the person or business maintains one. 293 (C) Notification to major statewide media. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.1. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (j), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? 294 What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. 295 (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. 296 (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the Internet Web site page of the person or business, if the person or business maintains one. For purposes of this subparagraph, conspicuous posting on the person's or business's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.2. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. 297 (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (j) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health 298 Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. 299 (B) Conspicuous posting of the notice on the Internet Web site page of the person or business, if the person or business maintains one. (C) Notification to major statewide media. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.3. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (j), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? 300 What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. 301 (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. 302 (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the Internet Web site page of the person or business, if the person or business maintains one. For purposes of this subparagraph, conspicuous posting on the person's or business's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 3. Title 1.81.23 (commencing with Section 1798.90.5) is added to Part 4 of Division 3 of the Civil Code, to read: TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION 1798.90.5. The following definitions shall apply for purposes of this title: 303 (a) "Automated license plate recognition end -user" or"ALPR end -user" means a person that accesses or uses an ALPR system, but does not include any of the following: (1) A transportation agency when subject to Section 31490 of the Streets and Highways Code. (2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections. (3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code. (b) "Automated license plate recognition information," or "ALPR information" means information or data collected through the use of an ALPR system. (c) "Automated license plate recognition operator" or "ALPR operator" means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code. (d) "Automated license plate recognition system" or "ALPR system" means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer -readable data. (e) "Person" means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity. (f) "Public agency" means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency. 1798.90.51. An ALPR operator shall do all of the following: (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals' privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following: (A) The authorized purposes for using the ALPR system and collecting ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons. (E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. (G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. 1798.90.52. If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following: 304 (a) Maintain a record of that access. At a minimum, the record shall include all of the following: (1) The date and time the information is accessed. (2) The license plate number or other data elements used to query the ALPR system. (3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated. (4) The purpose for accessing the information. (b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51. 1798.90.53. An ALPR end -user shall do all of the following: (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals' privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end -user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following: (A) The authorized purposes for accessing and using ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons. (E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. (G) The length of time ALPR information will be retained, and the process the ALPR end -user will utilize to determine if and when to destroy retained ALPR information. 1798.90.54. (a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. (b) The court may award a combination of any one or more of the following: (1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500). (2) Punitive damages upon proof of willful or reckless disregard of the law. (3) Reasonable attorney's fees and other litigation costs reasonably incurred. (4) Other preliminary and equitable relief as the court determines to be appropriate. 1798.90.55. Notwithstanding any other law or regulation: 305 (a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. (b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information. SEC. 4. (a) Section 1.1 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by both this bill and Senate Bill 570. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.29 of the Civil Code, (3) Assembly Bill 964 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 570, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative. (b) Section 1.2 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by both this bill and Assembly Bill 964. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.29 of the Civil Code, (3) Senate Bill 570 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 964, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. (c) Section 1.3 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by this bill, Senate Bill 570, and Assembly Bill 964. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 1798.29 of the Civil Code, and (3) this bill is enacted after Senate Bill 570 and Assembly Bill 964, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. SEC. 5. (a) Section 2.1 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by both this bill and Senate Bill 570. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.82 of the Civil Code, (3) Assembly Bill 964 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 570, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative. (b) Section 2.2 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by both this bill and Assembly Bill 964. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.82 of the Civil Code, (3) Senate Bill 570 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 964, in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative. (c) Section 2.3 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by this bill, Senate Bill 570, and Assembly Bill 964. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 1798.82 of the Civil Code, and (3) this bill is enacted after Senate Bill 570 and Assembly Bill 964, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative. 306 Policy ATTACHMENT 4 412 Riverside County Sheriffs Department Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers 412.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 412.2 DEFINITIONS Definitions related to this policy include: ALPR Data - Information or data and images collected using an ALPR system. ALPR Operator - An agency that operates an ALPR system. ALPR System - A searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer -readable data. ALPR User - A person that accesses or uses an ALPR system. 412.3 POLICY The policy of the Riverside County Sheriffs Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing established privacy rights of the public. All data and images gathered by the ALPR system are for the official use of this department. Because such data may contain confidential information, it may not be open to public review. 412.4 ADMINISTRATION The ALPR technology, allows for the automated detection of license plates. It is used by the Riverside County Sheriffs Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to arrest warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Support Services Chief Deputy. This Chief Deputy will assign members under their command to administer the day-to-day operation of the ALPR equipment and data. 412.4.1 ALPR ADMINISTRATOR The Support Services Chief Deputy shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 1 307 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers (b) Training requirements for authorized users. (c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52. (e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department's website. 412.4.2 PUBLIC HEARING In accordance with Civil Code §1798.90.55(a), the department provided an opportunity for public comment on the use of the ALPR program within Riverside County during an open meeting of the Riverside County Board of Supervisors on August 29, 2017 (BOS Agenda Item# 3.108). 412.4.3 AUTHORIZED USERS Users authorized to access any ALPR information operated by the department are those in positions, assignments, or otherwise tasked with criminal investigations or patrol operations. These users include sworn peace officers and classified department personnel such as, but not limited to, Community Service Officers, Crime Analysts, and 911 Communications Officers. 412.5 OPERATIONS Use of an ALPR system is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) An ALPR system shall only be used for official law enforcement business. (b) An ALPR system may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR system. (c) No member of this department shall operate ALPR equipment or access ALPR data without first completing department approved training. (d) No ALPR operator may access department, state or federal data unless otherwise authorized to do so. (e) When applicable, authorized users shall verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 412.5.1 CUSTOM HOT LISTS ALPR Custom Hot Lists are ALPR user created lists of vehicles with associated information, actions, or requests to other ALPR users. Custom Hot Lists are an invaluable tool to assist law enforcement share information with other law enforcement agencies that has historically been Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 2 308 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers conducted through printed or digital flyers, such as information related to specific wanted vehicles or vehicles associated to verified crimes. When using Custom Hot Lists, the following shall apply: (a) Custom Hot Lists should generally be created by the primary investigating ALPR user or an authorized designee. (b) No user shall create a Custom Hot List accessible only to themselves. At minimum, each Custom Hot List shall include the creator's supervisor or any other supervisor tasked with ALPR usage audits. (c) The creator is required to maintain, update, or remove entries as circumstances change, such as when the vehicle is no longer wanted or no longer suspected of a crime. (d) All entries shall include the creator's contact information, specific incident details, and actionable instructions. (e) Entries may include attachments, such as law enforcement flyers, that contain further details of the crime or requests from the investigating ALPR user. 412.5.2 REPORT WRITING The ALPR EDP code shall be used as a secondary EDP and is required on any written report where ALPR technology was effectively utilized during an investigation. This practice will ensure proper identification of ALPR-related incidents and crime trends. • For example, if an abandoned stolen vehicle is located via a notification from the ALPR system, the recovery should be documented as a Stolen Vehicle Recovery and the corresponding EDP for the recovery should be first on the Form A. On the second line of the Form A, "ALPR" should be entered in the offense section and "25T1-N" should be entered in the EDP code section. 412.6 DATA COLLECTION, SECURITY AND RETENTION The Support Services Chief Deputy is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. (a) ALPR records retained by the department will be maintained, safeguarded, and purged according to all applicable laws, policies and ALPR system provider limitations. ALPR information that may be needed for active or probable litigation, is the subject of an active public records request, or is needed for auditing purposes shall be maintained until the underlying matters are fully resolved before being destroyed. When applicable, the destruction of ALPR information will follow the steps specified in the Riverside County Board of Supervisors Policy A-43 and in accordance with the Sheriff Department's records retention schedule. (b) The Riverside County Sheriff's Department, or its authorized vendors, will retain raw ALPR information for a period not to exceed the lesser of the maximum period allowed by law, or the retention period established in applicable service agreements. (c) Electronic data gathered during ALPR usage is the property of the Riverside County Sheriff's Department. The approved ALPR vendor will maintain responsibility for Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 3 309 Riverside County Sheriff's Department Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers adherence to protocols involving information security in accordance with FBI CJIS security policy. The approved vendor will also be responsible for executing retention and/or deletion routines of electronically stored data as specified by the Riverside County Records Management and Archive Policy A-43 and in compliance with applicable laws. (d) Authorized department vendors with access to systems containing ALPR data shall maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (e) All ALPR login and query records will be retained for at least the minimum period required by law, unless the information has been timely requested for investigative or other legal reasons. Pursuant to Civil Code § 1798.90.52, any records retained must contain, at a minimum, the following information: 1. The date and time ALPR information was accessed. 2. The username of who accessed the information. 3. The license plate number or other data elements used to query the ALPR system. 4. The stated purpose for accessing the information. 412.7 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Riverside County Sheriffs Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relates to a specific criminal investigation or department -related civil or administrative action. (c) Department members shall only use their own assigned username and password when accessing any ALPR system. (d) When conducting a specific license plate search of ALPR data, department members shall include a related case number for justification. (e) When conducting a generic vehicle description search of ALPR data, department members shall include a justification description or related case number. (f) Any printed ALPR information must be destroyed using a secure method. No materials shall be disposed of in regular trash or recycling containers. (g) No ALPR data shall be given, sold, shared or otherwise transferred to any unauthorized party. Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department 310 Automated License Plate Readers - 4 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers (h) ALPR system audits should be conducted on a regular basis. Stations or bureaus with ALPR networks within their commands are responsible for the completion of monthly audits of ALPR queries performed by their assigned personnel to include any Custom Hot Lists created by those users. (i) Any violations of this policy may result in temporary or permanent revocation of access. (j) Any breach or unauthorized or unintentional release of any ALPR information shall be immediately reported to the Support Services Chief Deputy. This policy does not prohibit any bureau, station, or command from further restricting user access, revoking access without cause, or requiring supplemental training for its assigned ALPR users. 412.8 CUSTODIAN OF RECORD The manager of the Technical Services Bureau (TSB), acting on behalf of the Riverside County Sheriffs Department, is responsible for implementing the provisions of this usage and privacy policy as the official custodian/owner of the ALPR system and ALPR information covered herein. 412.9 ACCESS, SHARING AND RELEASING OF ALPR DATA The department may be authorized discretionary access to ALPR data owned by other law enforcement agencies and may be revoked without cause. In order to maintain public trust, the integrity of all ALPR data, and collaborative relationships with other agencies, this policy will also apply to searches of all shared data. At the discretion of the Support Services Chief Deputy, access to ALPR networks owned or managed by the Riverside County Sheriff's Department may be shared with other law enforcement agencies as authorized by law, excluding federal law enforcement agencies. ALPR data may be released to other law enforcement or prosecutorial agencies with a nexus for official law enforcement purposes, or as otherwise permitted by law. All other information release requests from law enforcement agencies shall use the following procedures: (a) The agency makes a written request for the ALPR data that includes: 1. The name of the agency. 2. The name of the person requesting. 3. The intended purpose of obtaining the information. (b) The request is reviewed by the affected commander or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file. Requests for ALPR data by non -law enforcement or non -prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (DSM 809). Public record requests for ALPR data shall be routed to the CPRA Unit for disposition. Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 5 311 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers 412.10 TRAINING The department will ensure the presentation of department -approved training to those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Each user's unique ALPR system username and password will only be activated upon the successful completion of the required training courses. 412.11 INTEGRATION WITH OTHER TECHNOLOGY The department may elect to integrate ALPR technology with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, public safety camera systems, facial recognition, and other video -based analytical systems may be considered based upon availability and the nature of department strategy. 412.12 PREVIOUS DEPARTMENT DIRECTIVE RESCINDED With the publication of this Automated License Plate Readers Policy (DSM 412), Department Directive #18-132 and any supplemental directives are rescinded. Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department 312 Automated License Plate Readers - 6 313 314 City of La Quinta CITY COUNCIL MEETING: August 5, 2025 STAFF REPORT AGENDA TITLE: ADOPT RESOLUTION TO UPDATE THE CITY’S USER AND REGULATORY MASTER FEE SCHEDULE RECOMMENDATION Adopt a resolution to update the City’s current user and regulatory Master Fee Schedule. EXECUTIVE SUMMARY Council has directed staff to annually review user and regulatory fees as part of the City’s normal course of operations. Periodically, comprehensive fee studies are performed to calculate the City’s costs of providing fee-related services. In years between studies, fees are typically adjusted by the annual change in regional cost inflation. The 2024 fee updates represented an inflationary adjustment with other minor refinements to fees. The fees in the proposed Master Fees Schedule are based on a comprehensive fee study completed in 2025, included as Attachment 2; and if adopted, the updated fees will be effective October 6, 2025. FISCAL IMPACT Based on historical revenues and permit volume, the new fee schedule may generate an additional $60,000 in annual revenue. BACKGROUND/ANALYSIS The Master Fee Schedule formally documents charges for various user and regulatory services provided by the City. Council has directed staff to annually review user and regulatory fees as part of the City’s normal course of operations. Comprehensive fee studies are performed periodically, generally every 5 to 7 years, to calculate the City’s costs of providing fee-related services. In years between studies, fees are typically adjusted by the annual change in regional cost inflation. PUBLIC HEARING ITEM NO. 1 315 Following the competitive Request for Proposal procurement process in 2020, the City executed a 5-year agreement with ClearSource Financial Consulting (ClearSource) to complete the City’s annual fee updates. ClearSource has serviced the City since 2013. The services for which the City imposes a user or regulatory fee typically derive from an individual person or entity’s action, request, or behavior. Therefore, except in cases where there is an overwhelming public benefit generated by the City’s involvement in the individual action, a fee for service ensures that the individual bears most, if not all, of the cost incurred by the City to provide that service. When a fee targets “100% or full cost recovery,” the individual is bearing the entirety of the cost. When a fee targets less than full cost recovery, another City revenue source, in most cases the General Fund, subsidizes the individualized activity. Resident Golf Card Fees Council adopted Resolution No. 2012-009 on April 17, 2012, updating the Resident Golf Card fee to $150 for a 3-year period, proposed to be incorporated into the City’s Master Fee Schedule under the Sports Facilities section. Digital Archiving and Records Management Fee The Digital Archiving and Records Management Fee is proposed to be removed entirely from the fee schedule as the majority of application materials and plans are submitted electronically, and software procurement and maintenance costs are recuperated via the Technology Enhancement Fee, updated in 2024 from $8 to 5%. Development Fees The City currently uses a uniform hourly rate to set all development related fees. The proposed 2025 uniform rate is tied to the Building Division’s calculated rate of $199 per hour. The existing rate is $191. This means the majority of fees are proposed to increase by 4% (the difference between $191 and $199). The chart below illustrates the relationship between the various disciplines and the uniform hourly rate. Functional Unit Current Hourly Rate Used for Fee Setting Fully-Burdened Hourly Rate Calculated in Fee Study Target Hourly Rate Using Historical Pattern Building $191 $199 $199 Public Works $191 $203 $199 Planning $191 $206 $199 In addition to the change in the hourly rates, service time estimates were reviewed to ensure time estimates correlate to the services provided (i.e. more intensive services require more service time than less intensive services). Based on this analysis, adjustments to several fee categories are proposed to enhance the nexus between service provided and fees collected. 316 The following table summarizes the proposed updates to the fee schedule for the City’s primary fee-related service areas: Fee Category Summary of Primary Proposed Changes 1 Building Fees 4% increase for most fees 2 Planning Fees 4% increase for most fees Remove references to deposit-based billing structure. Proposed schedule uses fixed fees for services, with ability to use time and materials deposits in instances where service level is anticipated to vary significantly from fee 3 Public Works Fees 4% increase for most fees 4 Fire Fees 4% increase for most fees Addition of state mandated inspection fees 5 STVR Permit Fees No changes proposed 6 Digital Archiving and Records Management Fee Remove entirely 7 Other Fees Minor changes to align fees to cost of service, State limits, and Council direction Regional Fee Comparison Fees remain in line with similar fees collected by neighboring agencies in the region. Comparison information for other regional agencies is based on information contained in 2024 Residential Development Fee Study prepared by Desert Valleys Builders Association (DVBA). $6,520 $7,068 $8,315 $8,822 $9,093 $9,918 $10,199 $11,061 $11,240 $11,431 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 PALM DESERT INDIAN WELLS LA QUINTA INDIO LA QUINTA - PROPOSED COACHELLA CATHEDRAL CITY PALM SPRINGS DESERT HOT SPRINGS RANCHO MIRAGE 60 Unit Tract Home Development Source: FY 23/24 DVBA Development Svcs Fee Study 317 Attachment 1 identifies current fees, proposed fees, and proposed fee change percentage. Attachment 2 includes the user and regulatory fee study completed to inform the proposed fee adjustments. AGENCY AND PUBLIC REVIEW Notice regarding the proposed fee changes was provided in accordance with Government Code Sections 66016 and 6062(a). Interested stakeholders, the Building Industry Association of Southern California – Riverside County Chapter (BIA), Desert Valleys Builders Association (DVBA), and the Southern California Gas Company (SC Gas) received notice of these recommendations on July 14, 2025. Public Hearing notices were also published in The Desert Sun on July 25 and August 1, 2025. As of this writing, the City received a letter of support from the DVBA, dated July 24, 2025, included as Attachment 3. ALTERNATIVES Council may elect not to adjust the proposed fees; or to adjust fees by a different amount than recommended by staff. Prepared by: Monika Radeva, City Clerk Approved by: Jon McMillen, City Manager Attachments: 1. Fee Schedule Showing Current Fees, Proposed Fees, and Proposed Fee Change Percentage 2. User and Regulatory Fee Study 3. DVBA Letter of Support dated July 24, 2025 318 RESOLUTION NO. 2025 – XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A REVISED MASTER FEE SCHEDULE OF VARIOUS USER AND REGULATORY FEES WHEREAS, this action is exempt under the California Environmental Quality Act (CEQA), Article 18, Statutory Exemptions, Section 15273(a) Rates Tolls Fares and Charges; and WHEREAS, the City Council adopted Resolution No. 2024-031 on July 16, 2024, updating the City’s Master Fee Schedule of various user and regulatory fees; and WHEREAS, the City Council adopted Resolution No. 2024-041 on November 19, 2024, updating the City’s short-term vacation rental (STVR) permit fees, and Resolution No. 2025-006 on March 18, 2025, updating the City’s credit card and e-check pass- through fees; and WHEREAS, the City Council adopted Resolution No. 2012-009 on April 17, 2012, updating the Resident Golf Card fee to $150 for a 3-year period, which will be incorporated into the City’s Master Fee Schedule; and WHEREAS, the City commissioned ClearSource Financial Consulting to conduct an analysis to determine the City’s cost of providing user and regulatory fee-related services; and WHEREAS, the City Council hereby finds that the comprehensive study, included as an attachment to the staff report and available for public review, provides adequate evidence to conclude that the adjusted fees are set at amounts that do not exceed the estimated reasonable cost to provide the service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: SECTION 1. Each recital, set forth above, is hereby adopted as a specific finding of this City Council. SECTION 2. Resolutions Nos. 2024-031, 2024-041, 2025-006, and 2012-009 are hereby superseded, and revised fees as listed in the Master Fee Schedule attached hereto as “Exhibit A,” and incorporated herewith by this reference, are hereby adopted. SECTION 3. Annually on July 1 the City Manager or his/her designee shall update and promulgate a new fee schedule whereby all fees are increased based on the all- urban consumers CPI for Riverside – San Bernardino – Ontario computed from March of 319 Resolution No. 2025 – XXX Master Fee Schedule – Update of User and Regulatory Fees Adopted: August 5, 2025 Page 2 of 2 the previous year to March of the current year. If the CPI does not change or goes down in a given year, no change shall be made to the Master Fee Schedule that year. SECTION 4. This Resolution shall become effective upon adoption. The fees imposed by this Resolution shall go into effect October 6, 2025. PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 5th day of August 2025, the following vote: AYES: NOES: ABSENT: ABSTAIN: ________________________ LINDA EVANS, Mayor City of La Quinta, California ATTEST: _________________________ MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: ___________________________ WILLIAM H. IHRKE, City Attorney City of La Quinta, California 320 City of La Quinta Master Fee Schedule - Effective October 6, 2025 - RESOLUTION NO. 2024-XXX EXHIBIT A ADOPTED: AUGUST 5, 2025 321 Table of Contents Contents Page 1 Building Fees - Mechanical, Plumbing, and Electrical 1 2 Building Fees - Miscellaneous Items 4 3 Building Fees - New Construction 7 4 Building Fees - Other Fees 8 5 Planning Fees 10 6 Public Works Fees 13 7 Fire Fees 18 8 NPDES Ongoing Inspection Fees 21 9 Short-Term Vacation Rental Permit Fees 22 10 Medical Cannabis Delivery Application Fees 23 11 False Alarm Response Fees 24 12 Vehicle Impound Cost Recovery Fees 25 13 Code Compliance Cost Recovery Fees 26 14 Film/Photography Permit Fees 27 15 Bingo Permit Fees 28 16 Administrative Fees 29 17 Appeal Fees 30 18 Facility Use Fees 31 19 SilverRock Event Site Facility Rental Fees 33 20 Parking Lot and Open Space Rental Fees 34 322 Fees Fee Description Permit Plan Check Total Notes Permit Issuance 1 Permit Issuance (Mechanical, Plumbing, Electrical)126.03$ 126.03$ Mechanical 2 Installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance 56.38$ 33.17$ 89.55$ 3 Installation or relocation of each suspended heater, recessed wall heater, or floor- mounted unit heater 33.17$ 16.58$ 49.75$ 4 Repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC 33.17$ 6.63$ 39.80$ 5 Installation or relocation of each boiler, condenser, compressor, or each absorption system 49.75$ 39.80$ 89.55$ 6 Air-handling unit, including attached ducts 53.07$ 16.58$ 69.65$ 7 Evaporative cooler, other than portable-type 16.58$ 16.58$ 33.17$ 8 Ventilation fan connected to a single-duct 16.58$ 6.63$ 23.22$ 9 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood 16.58$ 6.63$ 23.22$ 10 Each appliance or piece of equipment not classified in other appliance categories, or for which no other fee is listed 59.70$ 49.75$ 109.45$ Mechanical Change-Out 11 Condenser Only 59.70$ 33.17$ 92.87$ 12 Furnace Only 53.07$ 43.12$ 96.18$ 13 Other Equipment 56.38$ 49.75$ 106.13$ 14 Packaged Unit 53.07$ 43.12$ 96.18$ 15 Repair / Alteration 49.75$ 6.63$ 56.38$ 16 Split-System 66.33$ 99.50$ 165.83$ Plumbing 17 Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection) 19.90$ 16.58$ 36.48$ 18 Sewer Connection / Septic Abandonment 39.80$ 23.22$ 63.02$ 19 Rainwater systems, per drain (inside building) a) First 10 16.58$ 16.58$ 33.17$ b) Each Additional 3.32$ 3.32$ 6.63$ 20 Water heater and/or vent 23.22$ 9.95$ 33.17$ City of La Quinta Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical 1 323 Fees Fee Description Permit Plan Check Total Notes City of La Quinta Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical 21 Industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps 49.75$ 16.58$ 66.33$ 22 Installation, alteration, or repair of water piping and/or water-treating equipment, drainage or vent piping, each fixture 16.58$ 19.90$ 36.48$ 23 Backflow protective device other than atmospheric-type vacuum breakers 16.58$ 6.63$ 23.22$ 24 Gas piping system - 1 to 4 outlets 23.22$ 33.17$ 56.38$ 25 Gas piping system - 5 or more outlets 49.75$ 33.17$ 82.92$ 26 Solar (Thermal)33.17$ 33.17$ 66.33$ Electrical New Construction 27 Residential - First 1,000 SF (includes livable and non-livable SF) $ 232.17 82.92$ 315.08$ 28 Residential - Each Additional 1,000 SF (includes livable and non-livable SF) $ 19.90 6.63$ 26.53$ 29 Non-Residential - First 2,000 SF $ 182.42 116.08$ 298.50$ 30 Non-Residential - Each Additional 2,000 SF $ 56.38 13.27$ 69.65$ Solar (Photovoltaic) 31 Solar (PV) Less than 10kW 33.17$ 49.75$ 82.92$ [a] 32 Solar (PV) Greater than 10kW 49.75$ 66.33$ 116.08$ [a] 33 Each Additional String (<20)9.95$ 0.83$ 10.78$ [a] Receptacle, Switch, and Lighting Outlets 34 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - first 20 39.80$ 23.22$ 63.02$ 35 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - each additional 3.32$ 3.32$ Lighting Fixtures 36 Lighting fixtures, sockets, or other lamp-holding devices - first 20 33.17$ 39.80$ 72.97$ 37 Lighting fixtures, sockets, or other lamp-holding devices - each add'l 3.32$ 3.32$ 38 Pole or platform-mounted light replacement, repair or alteration - first 10 33.17$ 36.48$ 69.65$ 39 Pole or platform-mounted light replacement, repair or alteration - each additional 3.32$ 0.83$ 4.15$ 2 324 Fees Fee Description Permit Plan Check Total Notes City of La Quinta Master Fee Schedule Schedule of Building Fees - Mechanical, Plumbing, and Electrical Residential Appliances 40 Fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter-mounted cooking tops; electric ranges; self- contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower (HP) in rating, each 16.58$ 19.90$ 36.48$ Non-Residential Appliances 41 Residential appliances and self-contained, factory-wired, non-residential appliances not exceeding one horsepower (HP), kilowatt (KW) , or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each 33.17$ 39.80$ 72.97$ Power Apparatus 42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each 33.17$ 39.80$ 72.97$ Signs, Outline Lighting, and Marquees 43 Signs, outline lighting systems, or marquees, each 53.07$ 76.28$ 129.35$ Services 44 Services, each 39.80$ 16.58$ 56.38$ Temporary Power Services 45 Temporary service power pole or pedestal, including all pole or pedestal-mounted receptacle outlets and appurtenances, each 39.80$ 23.22$ 63.02$ Miscellaneous Apparatus, Conduits, and Conductors 46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified 39.80$ 36.48$ 76.28$ [a] Plan review fees will be waived if approved real time code review software is used. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application. 3 325 Fees Fee Description Permit Plan Check Total Notes Addition 1 Residential Addition a) Residential Addition - Up to 100 SF 199.00$ 252.07$ 451.07$ [a] b) Residential Addition - Each Additional 500 SF 112.77$ 33.17$ 145.93$ [a] c) Structural Review bill hourly (1 hour min.) [a] 2 Non-Residential Addition a) Non-Residential Addition - Up to 100 SF 192.37$ 281.92$ 474.28$ [a] b) Non-Residential Addition - Each Additional 500 SF 89.55$ 39.80$ 129.35$ [a] c) Structural Review bill hourly (1 hour min.) [a] Antenna 3 Dish > 2 Ft 49.75$ 182.42$ 232.17$ 4 Cellular/Mobile Phone 199.00$ 281.92$ 480.92$ 5 Equipment Shelter 49.75$ 132.67$ 182.42$ Awning/Canopy (Supported by Building) 6 Awning/Canopy 33.17$ 315.08$ 348.25$ Balcony Addition 7 Balcony Addition 199.00$ 248.75$ 447.75$ Block Wall 8 Block Wall - First 100 LF 82.92$ 99.50$ 182.42$ 9 Block Wall - Each Add'l 50 LF 19.90$ -$ 19.90$ 10 Retaining / Combination Wall - Each 50 LF 19.90$ -$ 19.90$ Carport 11 Carport - First 132.67$ 149.25$ 281.92$ 12 Carport - Each Additional 99.50$ 49.75$ 149.25$ Compliance Survey/Special Inspection 13 Compliance Survey/Special Inspection 99.50$ 281.92$ 381.42$ Demolition 14 Demolition 33.17$ 116.08$ 149.25$ 15 Demolition - Interior 49.75$ 132.67$ 182.42$ 16 Demolition - Exterior 49.75$ 149.25$ 199.00$ Fence (Over 7' From Finished Grade) 17 Fence - First 100 LF 72.97$ 92.87$ 165.83$ 18 Fence - Each Additional 50 LF 19.90$ -$ 19.90$ Fireplace 19 Fireplace 199.00$ 298.50$ 497.50$ Flag (Over 20ft)/Lighting Pole 20 Flag/Lighting Pole - First 49.75$ 132.67$ 182.42$ 21 Flag/Lighting Pole - Each Additional 19.90$ 6.63$ 26.53$ City of La Quinta Master Fee Schedule Schedule of Building Fees - Miscellaneous Items 4 326 Fees Fee Description Permit Plan Check Total Notes City of La Quinta Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Grading 22 Residential Precise Grading (Tract Homes) - Per Home 182.42$ 182.42$ [b] 23 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF 49.75$ 49.75$ 99.50$ 24 Residential Precise Grading (Custom Home) - Lot > 7,000 SF 49.75$ 248.75$ 298.50$ Partition 25 Partition 99.50$ 182.42$ 281.92$ Patio Cover / Covered Porch / Lattice 26 Standard, Open, Pre-Engineered (First)132.67$ 132.67$ 265.33$ 27 Standard, Enclosed, Pre-Engineered (First)165.83$ 182.42$ 348.25$ 28 Special Design (First)182.42$ 232.17$ 414.58$ 29 Each Additional 66.33$ 49.75$ 116.08$ Pool / Spa 30 Swimming Pool / Spa 265.33$ 132.67$ 398.00$ 31 Detached Spa / Water Feature 265.33$ -$ 265.33$ 32 Gunite Alteration 265.33$ 132.67$ 398.00$ 33 Equipment Change-out Alone 33.17$ 126.03$ 159.20$ Remodel 34 Non-Structural Review - Up to 100 SF 79.60$ 199.00$ 278.60$ [a] 35 Non-Structural Review - Each Additional 500 SF 49.75$ 26.53$ 76.28$ [a] 36 Structural Review bill hourly (1 hour min.) [a] Replacement of Plans/Job Card 37 Replacement of Job Copy of Approved Plans -$ 281.92$ 281.92$ 38 Replacement of Inspection Record Card -$ 49.75$ 49.75$ Re-Roof 39 Re-Roof - Up to 2,000 SF 66.33$ 135.98$ 202.32$ 40 Re-Roof - Each Additional 1,000 SF 16.58$ -$ 16.58$ Sign 41 Monument Sign - First 99.50$ 182.42$ 281.92$ 42 Monument Sign - Each Additional 33.17$ -$ 33.17$ 43 Wall/Awning Sign - First 33.17$ 119.40$ 152.57$ 44 Wall/Awning Sign - Each Additional 33.17$ 33.17$ 66.33$ Storage Racks 45 Storage Racks - First 100 LF 33.17$ 132.67$ 165.83$ 46 Storage Racks - Each Additional 100 LF 16.58$ -$ 16.58$ Stucco Application 47 Stucco Application - First 500 SF 33.17$ 102.82$ 135.98$ 48 Stucco Application - Each Additional 500 SF 9.95$ -$ 9.95$ Temporary Trailer 49 Temporary Trailer 199.00$ 199.00$ 398.00$ Utility Release 50 Electrical Utility Release 102.82$ -$ 102.82$ 5 327 Fees Fee Description Permit Plan Check Total Notes City of La Quinta Master Fee Schedule Schedule of Building Fees - Miscellaneous Items Window / Sliding Glass Door / Other Fenestration 51 Retrofit/Repair - Up to 7 82.92$ 82.92$ 165.83$ 52 Retrofit/Repair - Each Additional 5 16.58$ -$ 16.58$ 53 New/Alteration - First 132.67$ 152.57$ 285.23$ 54 New/Alteration - Each Additional 13.27$ 16.58$ 29.85$ Administrative 55 Plan Check Initial Deposit - For Various Non-OTC Items a) Miscellaneous Items -$ 199.00$ 199.00$ [c] b) New Construction varies [c] [d] 56 Plan Check / Permit Extension Processing -$ 133.33$ 133.33$ 57 Plan Check / Revisions (per hour)bill hourly (15 min. minimum) 58 Change of Contractor, Architect, Owner Processing -$ 133.33$ 133.33$ 59 Request/Research for Alternative Methods/Product Review bill hourly (1 hour min.) 60 Temporary Certificate of Occupancy 597.00$ -$ 597.00$ [e] 61 Disabled Access Compliance Inspection -$ 199.00$ 199.00$ 62 Partial Inspection Fee 99.50$ -$ 99.50$ [f] 63 Re-inspection Fee 99.50$ -$ 99.50$ [f] 64 Excess Plan Check Fee bill hourly (30 min. minimum) [g] 65 Investigation Fee for Work Commenced Without a Permit equal to permit fee 66 Investigation Fee for Work Covered Prior to Inspection 67 Request for Phased Approval Permit Issuance – Plan Check -$ 398.00$ 398.00$ [h] 68 Refunds a) Fees Erroneously Paid or Collected by the City [i] b) Fees Prior to Work Being Commenced [j] c) 180 Days After Payment of Fees [k] [d] Initial deposit varies depending on project details. [e] Per issuance, each extension will be assessed fee at each occurrence. [f] The permit fees identified in this fee schedule include initial inspection and one re-inspection. Additional fees will be collected for the provision of all subsequent permit inspection services. See re-inspection fee and partial inspection fee for applicable fees. bill hourly (30 min. minimum) 100% refund up to 80% refund no refund * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including the cost of structural engineering review services. [a] Fee is intended to capture structural and non-structural reviews. Mechanical, Electrical, and Plumbing review and inspection fees are collected separately. [b] Plan review fees for Residential Precise Grading (Tract Homes) are identified as part of the Public Works fee schedule and based on the number of sheets submitted for plan review. See Public Works fee schedule. [c] Non-Refundable Initial Deposit. For projects that request permit issuance the intitial deposit amount will be credited against total fees. [g] The base plan check fees identified in this fee schedule include initial check and one re-check. Additional fees will be collected for the provision of all subsequent re-check services. [h] At the discretion of the building official, only applicable after a submittal has been reviewed for code compliance and subject to partial inspection fees. [i] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [j] No fees are refundable once the work covered by them is commenced. [k] Whether work has commenced or not, no fees are refundable more than 180 days after their payment. 6 328 Fee Description Fee - Permit * New Construction 1 $1 - $10,000 $199.00 for the first $5,000, plus $63.68 for each additional $1,000 or fraction thereof, to and including $10,000 2 $10,001 - $25,000 $517.40 for the first $10,000, plus $15.04 for each additional $1,000 or fraction thereof, to and including $25,000 3 $25,001 - $200,000 $742.93 for the first $25,000, plus $9.97 for each additional $1,000 or fraction thereof, to and including $200,000 4 $200,000 and Up $2,487.50 for the first $200,000, plus $4.98 for each additional $1,000 or fraction thereof Fee Description Fee - Plan Check * (Project Valuation) 5 $1 - $10,000 $199.00 for the first $5,000, plus $106.13 for each additional $1,000 or fraction thereof, to and including $10,000 6 $10,001 - $25,000 $729.67 for the first $10,000, plus $24.32 for each additional $1,000 or fraction thereof, to and including $25,000 7 $25,001 - $200,000 $1,094.50 for the first $25,000, plus $4.21 for each additional $1,000 or fraction thereof, to and including $200,000 8 $200,000 and Up $1,830.80 for the first $200,000, plus $3.37 for each additional $1,000 or fraction thereof Fee Description Fee - Plan Check for Multiple Structures - Each Additional ** (Project Valuation) 9 All Valuations 66.33$ Fee Description Fee 10 Building Department Staff $199 per hour 11 City Attorney/Other Legal Rvw 100%of actual costs 12 Outside Service Providers 100%of actual costs For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. City of La Quinta Master Fee Schedule Schedule of Building Fees - New Construction * The new construction fees identified in this fee schedule include the cost of structural engineering review services currently conducted by outside service providers. Additional fees will be collected for the provision of all plan review services beyond second review. * The permit fees identified in this fee schedule include initial inspection and one re-inspection. Additional fees will be collected for the provision of all subsequent permit inspection services. See re-inspection fee and partial inspection fee for applicable fees. * The base plan check fees identified in this fee schedule include initial check and one re-check. Additional fees will be collected for the provision of all subsequent re-check services. ** Fee applies when multiple identical units are submitted for review and permitted at the same time. 7 329 Fee Description Fee Notes Strong Motion Instrumentation (SMI) Fee Calculation 1 Residential $0.50 or valuation x .00013 2 Commercial $0.50 or valuation x .00028 Art In Public Places (AIPP) Fee Calculation [a] 3 Residential $20.00 or 1/4 of 1% of value exceeding $200,000 4 Commercial $20.00 or 1/2 of 1% of value Building Standards Administration Special Revolving Fund (SB 1473) Fee Calculation [b] 5 Valuation: a) $1 - $25,000 $1 b) $25,001 - $50,000 $2 c) $50,001 - $75,000 $3 d) $75,001 - $100,000 $4 e) Every $25,000 or fraction thereof above $100,000 Add $1 Technology Enhancement Fee 6 Technology Enhancement Fee (percent of permit fee) 5% [a] Source: La Quinta Municipal Code 2.65.060. [b] Source: California Health and Safety Code Section 18931.6 City of La Quinta Master Fee Schedule Schedule of Building Fees - Other Fees 8 330 Building Valuation Data Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg 1 APARTMENT HOUSES:7 DWELLINGS:13 JAILS:Type III-B $26.70 Type I-A or I-B *$72.50 Type V - Masonry $60.80 Type I-A or I-B $130.00 Type V-A $27.10 (Good)$89.00 (Good)$78.00 Type III-A $116.90 20 RESTAURANTS: Type V - Masonry Type V - Wood Frame $54.30 Type V-A $88.00 Type III-A $78.80 (or Type III)$58.80 (Good)$77.90 14 LIBRARIES:Type III-B $76.20 (Good)$71.80 Basements -Type I-A or I-B $95.40 Type V-A $72.00 Type V - Wood Frame $51.60 Semi-Finished $16.20 Type II-A $68.90 Type V-B $69.10 (Good)$65.90 (Good)$18.50 Type II-B $65.50 21 SCHOOLS: Type I - Basement Garage $30.80 Unfinished $12.20 Type III-A $72.70 Type I-A or I-B $90.90 2 AUDITORIUMS:(Good)$14.30 Type III-B $69.20 Type II-A $61.20 Type I-A or I-B $85.80 8 FIRE STATIONS:Type V-A $68.20 Type III-A $65.70 Type II-A $61.50 Type I-A or I-B $92.80 Type V-B $65.20 Type III-B $62.30 Type II-B $58.80 Type II-A $60.50 15 MEDICAL OFFICES:Type V-A $61.20 Type III-A $64.60 Type II-B $57.50 Type I-A or I-B *$97.40 Type V-B $58.40 Type III-B $61.70 Type III-A $66.70 Type II-A $74.60 22 SERVICE STATIONS: Type V-A $61.40 Type III-B $63.80 Type II-B $71.20 Type II-B $54.40 Type V-B $58.50 Type V-A $62.20 Type III-A $78.60 Type III-A $56.60 3 BANKS:Type V-B $59.20 Type III-B $75.70 Type V-A $48.10 Type I-A or I-B *$121.40 9 HOMES FOR THE ELDERLY:Type V-A $72.90 Canopies $22.60 Type II-A $88.20 Type I-A or I-B $85.00 Type V-B $70.00 23 STORES: Type II-B $85.60 Type II-A $68.40 16 OFFICES**:Type I-A or I-B *$67.40 Type III-A $97.70 Type II-B $65.20 Type I-A or I-B *$87.20 Type II-A $40.60 Type III-B $94.30 Type III-A $71.20 Type II-A $57.80 Type II-B $39.80 Type V-A $87.90 Type III-B $68.20 Type II-B $55.20 Type III-A $49.60 Type V-B $85.00 Type V-A $68.60 Type III-A $62.40 Type III-B $46.80 4 BOWLING ALLEYS:Type V-B $65.70 Type III-B $59.60 Type V-A $41.60 Type II-A $41.10 10 HOSPITALS:Type V-A $57.80 Type V-B $38.40 Type II-B $38.30 Type I-A or I-B *$133.50 Type V-B $54.90 24 THEATERS: Type III-A $44.90 Type III-A $109.40 17 PRIVATE GARAGES:Type I-A or I-B $89.80 Type III-B $41.90 Type V-A $103.50 Wood Frame $19.60 Type III-A $64.60 Type V-A $30.50 11 HOTELS AND MOTELS:Masonry $22.00 Type III-B $61.60 5 CHURCHES:Type I-A or I-B *$82.20 Open Carports $13.30 Type V-A $60.40 Type I-A or I-B $81.20 Type III-A $71.00 18 18. PUBLIC BUILDINGS:Type V-B $57.40 Type II-A $60.20 Type III-B $67.60 Type I-A or I-B *$101.40 25 WAREHOUSES***: Type II-B $57.20 Type V-A $62.90 Type II-A $80.90 Type I-A or I-B $40.40 Type III-A $65.50 Type V-B $59.90 Type II-B $77.60 Type II-A or V-A $23.60 Type III-B $62.50 12 INDUSTRIAL PLANTS:Type III-A $83.80 Type II-B or V-B $22.20 Type V-A $60.80 Type I-A or I-B $46.60 Type III-B $81.10 Type III-A $27.10 Type V-B $58.00 Type II-A $32.10 Type V-A $76.70 Type III-B $25.90 6 CONVALESCENT HOSPITALS: Type II-B $29.40 Type V-B $73.80 Type I-A or I-B *$113.80 Type III-A $35.30 19 PUBLIC GARAGES:EQUIPMENT Type II-A $77.20 Type III-B $32.80 Type I-A or I-B *$39.60 AIR CONDITIONING: Type III-A $80.10 Tilt-up $24.10 Type I or II Open Parking * $30.00 Commercial $3.50 Type V-B $75.10 Type V-A $33.00 Type II-B $23.20 Residential $2.90 Type V-B $30.20 Type III-A $29.90 SPRINKLER SYSTEMS:$1.70 * Add 0.5 percent to total cost for each story over three. ** Deduct 20 percent for shell-only buildings. *** Deduct 11 percent for mini-warehouses. Note: Building valuation data transcribed from Building Standards, July-August 1994 and adapted to 2007 CBC Types of Construction. Revised 3/5/2009. 9 331 Fee Description Fee * Notes Temporary Use 1 Temporary Use Permit - Minor (Standard)$597 2 Temporary Use Permit - Minor (Requests Requiring Additional Effort) bill per hour, with $597 base fee 3 Temporary Use Permit - Major (Standard)$2,587 4 Temporary Use Permit - Major (Requests Requiring Additional Effort) bill per hour, with $2,587 base fee Minor Use 5 Minor Use Permit bill per hour, with $597 base fee 6 Minor Use Permit - Amendment bill per hour, with $597 base fee Conditional Use 7 Conditional Use Permit $7,960 8 Conditional Use Permit - Planned Unit Dev.$7,960 9 Conditional Use Permit - Amendment bill per hour, with $3,881 base fee 10 Conditional Use Permit - Time Extension $2,090 Expedited Review Fee 11 Expedited Review Fee 1.5x standard fee [a] Site Development 12 Development Agreement bill per hour, with $2,388 base fee [b] 13 Site Development Permit - Planning Commission $11,343 14 Site Development Permit - Administrative $9,453 15 Site Development Permit - Amendment $5,771 16 Site Development Permit - Time Extension $2,090 17 Modification by Applicant bill per hour, with $597 base fee 18 Minor Adjustment bill per hour, with $597 base fee 19 Underground Waiver bill per hour, with $2,985 base fee 20 Variance bill per hour, with $2,985 base fee Landscape Plan 21 Final Landscape Plan $2,388 Housing 22 Senate Bill (SB) 330 Application Review $1,592 Conceptual Design Review 23 Conceptual Design Review $2,985 [c] Signs 24 A-Frame Sign Permit 25 Sign Permit $453 26 Sign Program bill per hour, with $3,582 base fee 27 Sign Program Amendment $1,194 City of La Quinta Master Fee Schedule Schedule of Planning Fees 10 332 Fee Description Fee * Notes City of La Quinta Master Fee Schedule Schedule of Planning Fees Residential Flagpole 28 Residential Flagpole $65 Zoning 29 Zone Change $11,642 30 Director's Determination $776 31 Zoning Letter - Basic Property Information $517 32 Zoning Letter - Basic Property Information with Additional Research Required $1,692 33 Zoning Text Amendment $11,741 Street Name Change 34 Street Name Change $2,289 Historical Structures 35 Landmark Designation/Cert of Appropriateness/Dedesignation $1,682 36 Mills Act Agreement $1,194 Environmental Review 37 Recordation of Exemption $199 38 Initial Study (ND/MND)bill per hour, with $3,980 base fee 39 Environmental Impact Report $10,945 General/Specific Plan 40 Specific Plan $13,234 41 Specific Plan - Amendment $5,970 42 General Plan Amendment $12,935 Map 43 Tentative Parcel Map $6,269 44 Tentative Parcel Map - Waiver $1,692 45 Tentative Parcel Map - Amendment bill per hour, with $3,781 base fee 46 Tentative Parcel Map - Revision bill per hour, with $3,781 base fee 47 Tentative Parcel Map - Time Extension $1,194 48 Tentative Tract Map $10,348 49 Tentative Tract Map - Amendment bill per hour, with $4,975 base fee 50 Tentative Tract Map - Revision bill per hour, with $4,975 base fee 51 Tentative Tract Map - Time Extension (CC or PC)$2,289 52 Tentative Tract Map - Time Extension (Admin)$1,294 53 Tentative Condominium Map $10,348 54 Amended Final Parcel Map (Entitlement Support)bill per hour, with $4,975 base fee 55 Amended Final Tract Map (Entitlement Support)$7,960 Large Lot - Qualified and Certified 56 Large Lot - Qualified and Certified $1,500 11 333 Fee Description Fee * Notes City of La Quinta Master Fee Schedule Schedule of Planning Fees Zoning Clearance - Planning Plan Check 57 Zoning Clearance - Planning Plan Check a) Alterations/Additions - Residential $100 b) New Construction - Single Family Residential $299 c) New Construction - 2-4 Residential Units $299 d) New Construction - 5+ Residential Units $597 e) New Construction - Non-Residential $398 f) Alterations/Additions - Non-Residential $199 58 Planning Fence Review $398 59 Accessory Dwelling Unit or Guesthouse $398 Planning Final Inspection 60 Planning Final Inspection $100 Technology Enhancement Fee 61 Technology Enhancement Fee (per permit percent of permit fee) 5% Fee Description Proposed Fee * Notes 62 Planning Department Staff $199 per hour 63 City Attorney or Other Legal Review pass-through of 100%of actual costs 64 Outside Service Providers pass-through of 100%of actual costs [a] Request for expedited service is subject to Design & Development Department Director approval. It is dependent on staff availability and workload. [b] In addition to the fee shown for Development Agreement, the City shall collect a $15,000 initial deposit to offset City Attorney costs. [d] All fees have been calculated based upon average number of staff hours. Should a project take significantly more staff time to complete, staff hours above original assumptions may be charged at current hourly rates. [c] 50% of fee may be credited toward entitlement application submittal. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. Note: If multiple applications are received concurrently from the same applicant for projects that require similar application review and are generally similar except for location, one project location shall pay 100% of application review fee(s), the fee(s) for each project application at other locations shall be 50% of the original fee(s). 12 334 Fee Description Fee *Unit Notes Land Subdivision 1 Parcel Map: a) Final Parcel Map i) Initial Sheet $3,085 per sheet ii) Each Additional Sheet $896 per sheet b) Final Parcel Map - Amendment i) Initial Sheet $3,085 per sheet ii) Each Additional Sheet $896 per sheet c) Substantial Conformance Review i) Initial Sheet $3,632 per sheet ii) Each Additional Sheet $1,592 per sheet 2 Tract Map: a) Final Tract Map i) Initial Sheet $3,284 per sheet ii) Each Additional Sheet $995 per sheet b) Final Tract Map - Amendment i) Initial Sheet $3,284 per sheet ii) Each Additional Sheet $995 per sheet c) Substantial Conformance Review i) Initial Sheet $3,632 per sheet ii) Each Additional Sheet $1,592 per sheet 3 Reversion to Acreage: a) Initial Sheet $3,383 per sheet b) Each Additional Sheet $896 per sheet 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment $2,388 per request b) Parcel Merger $2,388 per request 5 Street Dedication/Vacation a) Land Action Documents (ROW/Easements/Grant Deeds) $2,438 per request b) Vacation of Street/Public ROW $2,985 per request 6 Land Survey a) Record of Survey $647 per request b) Certificate of Correction $846 per request City of La Quinta Master Fee Schedule Schedule of Public Works Fees 13 335 Fee Description Fee *Unit Notes City of La Quinta Master Fee Schedule Schedule of Public Works Fees Grading / Project Improvements 7 Plan Review (First 3 Reviews): a) Rough Grading i) Initial Sheet $1,841 per sheet ii) Each Additional Sheet $995 per sheet iii) Revisions - Initial Sheet $1,419 per sheet iv) Revisions - Each Additional Sheet $995 per sheet b) Precise Grading - Commercial i) Initial Sheet $2,239 per sheet ii) Each Additional Sheet $1,393 per sheet iii) Revisions - Initial Sheet $1,817 per sheet iv) Revisions - Each Additional Sheet $1,393 per sheet c) Precise Grading - Tract Homes i) Initial Sheet $1,294 per sheet ii) Each Additional Sheet $249 per sheet iii) Revisions - Initial Sheet $772 per sheet iv) Revisions - Each Additional Sheet $249 per sheet d) Precise Grading - Custom Home [a] e) PM10 i) Initial Sheet $620 per sheet ii) Each Additional Sheet $0 per sheet iii) Revisions - Initial Sheet $478 per sheet iv) Revisions - Each Additional Sheet $0 per sheet f) Street Improvements i) Initial Sheet $2,040 per sheet ii) Each Additional Sheet $1,194 per sheet iii) Revisions - Initial Sheet $1,618 per sheet iv) Revisions - Each Additional Sheet $1,194 per sheet g) Storm Drain i) Initial Sheet $2,040 per sheet ii) Each Additional Sheet $1,194 per sheet iii) Revisions - Initial Sheet $1,618 per sheet iv) Revisions - Each Additional Sheet $1,194 per sheet h) Signing and Striping i) Initial Sheet $1,841 per sheet ii) Each Additional Sheet $995 per sheet iii) Revisions - Initial Sheet $1,419 per sheet iv) Revisions - Each Additional Sheet $995 per sheet 14 336 Fee Description Fee *Unit Notes City of La Quinta Master Fee Schedule Schedule of Public Works Fees i) Traffic Signal i) Initial Sheet $1,642 per sheet ii) Each Additional Sheet $796 per sheet iii) Revisions - Initial Sheet $1,220 per sheet iv) Revisions - Each Additional Sheet $796 per sheet j) Sidewalk i) Initial Sheet $1,443 per sheet ii) Each Additional Sheet $597 per sheet iii) Revisions - Initial Sheet $1,021 per sheet iv) Revisions - Each Additional Sheet $597 per sheet k) Traffic Control Plan $100 per sheet l) Record Drawings Review i) Initial Sheet $1,045 per sheet ii) Each Additional Sheet $199 per sheet m) Hydrology Report $2,139 per report i) Revisions $995 per report n) Traffic Study $1,642 per study o) WQMP Report i) With Prior Entitlement $1,940 per report ii) Without Prior Entitlement $2,338 per report iii) Revisions $995 per report p) SWPPP $2,239 per plan i) Revisions $796 per plan q) Sewer and Water i) Initial Sheet $1,393 per sheet ii) Each Additional Sheet $597 per sheet iii) Revisions - Initial Sheet $995 per sheet iv) Revisions - Each Additional Sheet $597 per sheet 8 Plan Review (>3 Reviews)$199 per hour 9 Expedited Plan Review Fee 1.5x standard fee [b] 10 Permit Inspection a) Rough Grading i) First 3 Acres $3,980 ii) Each Additional Acre $995 iii) Last One Acre $498 b) Precise Grading i) First 3 Acres $3,980 ii) Each Additional Acre $995 iii) Last One Acre $498 c) Precise Grading - Tract Homes $183 [c] 15 337 Fee Description Fee *Unit Notes City of La Quinta Master Fee Schedule Schedule of Public Works Fees d) Precise Grading - Custom Homes $100 [c] e) PM10 i) < 10 Acres $4,776 [d] ii) 10 - 50 Acres $7,164 [d] iii) 51 - 200 Acres $9,552 [d] iv) > 200 Acres $14,328 [d] f) Street Improvements - Off-Site i) First 1,000 LF $6,368 ii) Each Additional 1,000 LF $5,572 iii) Last 1,000 LF $3,582 g) Street Improvements - On-Site i) First 1,000 LF $4,378 ii) Each Additional 1,000 LF $3,582 iii) Last 1,000 LF $2,388 h) Storm Drain i) First 1,000 LF $3,781 ii) Each Additional 1,000 LF $2,985 iii) Last 1,000 LF $1,990 i) Signing and Striping i) First 1,000 LF $1,990 ii) Each Additional 1,000 LF $1,194 iii) Last 1,000 LF $597 j) Traffic Signal $5,373 k) NPDES $2,388 l) Bond Reduction Request $2,687 m) Final Inspection/Acceptance $3,582 n) Traffic Control Only i) One Day $400 ii) Two - Five Days $800 iii) Each Additional Day (Up to 10 Days)$400 iv) 11+ Days $4,677 o) Cut/Bore $896 p) Driveway i) Residential $201 ii) Commercial $1,294 q) Excavation / Trenching i) First 100 LF $896 ii) Each Additional 100 LF $398 iii) Last 100 LF $199 16 338 City of La Quinta Master Fee Schedule Schedule of Public Works Fees Fee Description Fee Unit Notes r) Sidewalk i) First 100 Lineal Feet $863 ii) Each Additional 100 Lineal Feet $609 iii) Last 100 Lineal Feet $203 s) Sewer and Water $1,592 t) Night Work $498 11 Research/Administrative a) Subdiv'n Improvement Agreem't (SIA) $2,388 per request b) SIA - Time Extension $1,393 per request c) Assignment & Assumptions Agreement $2,587 per request d) Flood Plain Research/FEMA App $1,194 per request e) Bid Protest Review $812 f) City Planting of Memorial Tree $398 12 Reactivation of Permit a) Reactivation of an Expired Permit / Permit Extension 10% of original permit fee each 13 Technology Enhancement Fee Technology Enhancement Fee (per permit percent of 5% permit fee) 14 Transportation Permits a) Annual $90 each b) Single Event $16 each 15 Refunds a) Refunds for Plan Checks i) If plan check has not begun 90% refund ii) If 1st plan check has begun 60% refund iii) If 2nd plan check has begun 30% refund iv) Past 2nd plan check no refund b) Refunds for Permits - Permit issued and no work has Up to 90% of original permit fee commenced * In addition to the fees identified in this schedule, the City will pass -through to the applicant any discrete costs incurred from the use of outside service providers required to process the specific application. Exception for contract traffic engineering and plan review consulting costs, which are included in the fees listed above. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. Fee Description Fee Unit Notes Public Works Personnel $199 per hour M16 17 City Attorney or Other Legal Review 100% pass -through of actual cost 18 Outside Service Providers 100% pass through of actual cost [a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section. [b] Expedited Plan Review request is subject to City Engineer approval. It is dependent on staff availability and workload. [c] Inspection fees for Precise Grading - Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section. [d] For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro -rated based on the number of months permitted. 339 17 Fee * Fee Description Plan Review Permit / Inspection Total Notes Construction-Related Fire Review and Inspection Fees 1 New Multi-Residential (Hotel, Motel, Apartments, Condominiums)$597 $398 $995 2 New Commercial / Industrial $597 $498 $1,095 3 Residential Addition / Remodel $100 $100 $199 4 Commercial Tenant Improvement $299 $199 $498 5 Commercial / Industrial Addition or Remodel $299 $299 $597 6 New Single Family Dwelling (Access/Water)$100 $100 $199 [a] 7 Automatic Suppression System $398 $398 $796 8 Kitchen Hood Suppression System $299 $199 $498 9 Fire Suppression System - Existing Modifications $199 $199 $398 10 Fire Alarm Systems $697 $597 $1,294 11 Fire Alarm-Monitoring and Tenant Improvements $299 $199 $498 12 Fire Sprinkler Systems - Single Family Detached $0 $0 $0 a) 1-50 Sprinkler Heads $299 $199 $498 [a] b) 51-100 Sprinkler Heads $299 $299 $597 [a] c) Over 100 Sprinkler Heads $299 $398 $697 [a] 13 Fire Sprinkler Systems - Tract Master Plan $299 $0 $299 14 Fire Sprinkler Systems - Tract Production Home $0 $199 $199 15 Fire Sprinkler Systems - Multi-Family 3 or more units $398 $299 $697 [b] 16 Fire Sprinkler Systems - Commercial / Industrial 0 - 35,000 SF $498 $299 $796 17 Fire Sprinkler Systems - Commercial / Industrial 35,001 - 75,000 SF $597 $348 $945 18 Fire Sprinkler Systems - Commercial / Industrial 75,001 - 120,000 SF $697 $498 $1,194 19 Fire Sprinkler Systems - Commercial / Industrial > 120,000 SF $796 $697 $1,493 20 Fire Sprinkler Systems - Tenant Improvement a) up to 10 $199 $199 $398 b) 10 or more $199 $398 $597 21 Fire Pumps $398 $398 $796 22 Fire Standpipe Systems $299 $398 $697 23 Smoke Controls Systems $697 $597 $1,294 24 Private Fire Mains $398 $398 $796 25 Fire Protection Water Supply - Existing System Modifications $199 $199 $398 26 Water Storage $398 $597 $995 27 Public Hydrant System $199 $199 $398 28 Energy Storage Systems $199 $199 $398 29 Emergency Responder Radio Coverage $299 $299 $597 30 AST - Fuel Storage Tank $199 $199 $398 31 Fuel Dispensers $199 $199 $398 City of La Quinta Master Fee Schedule Schedule of Fire Fees 18 340 Fee * Fee Description Plan Review Permit / Inspection Total Notes City of La Quinta Master Fee Schedule Schedule of Fire Fees 32 Hazardous Materials - HMIS / H-OCC $299 $398 $697 33 High-piled Combustible Storage $299 $398 $697 34 Solar PV Power System (Commercial)$199 $199 $398 35 Special Event Structure / Tent $199 $199 $398 36 Gas Detection System $199 $199 $398 37 Plan Revision Submittals - each $199 $0 $199 38 Plan Resubmittals (in Excess of 3 Reviews) - each $199 $0 $199 39 Failed or Additional Field Inspections (Excessive) - each $0 $199 $199 State Mandated Inspections $0 $0 $0 40 R-1 Occupancies (Hotels & Motels)$0 $0 $0 a) < 25 units $0 $199 $199 b) 26 - 50 units $0 $299 $299 c) 51 - 75 units $0 $398 $398 d) 76 - 100 units $0 $498 $498 e) > 100 units $0 $597 $597 f) Per Additional 10 Units $0 $30 $30 41 R-2 (Ex. Apartment)$0 $0 $0 a) 3 - 16 units $0 $199 $199 b) 17 - 25 units $0 $299 $299 c) 26 - 50 units $0 $398 $398 d) 51 - 75 units $0 $498 $498 e) 76 - 100 units $0 $597 $597 f) > 100 units $0 $697 $697 g) Per Additional 10 Units $0 $30 $30 42 R-2.1/R-4 Occupancies (Residential Care Facilities)$0 $0 $0 a) Care Facility Commercial 0 - 50 Clients $0 $299 $299 b) Care Facility Commercial 51 - 100 Clients $0 $398 $398 c) Care Facility Commercial 101 - 150 Clients $0 $498 $498 d) Care Facility 151 or more Clients $0 $597 $597 43 Other Occupancies - High Rise Building $0 $1,592 $1,592 44 Defensible Space Inspection Fee (per hour)$0 $199 $199 45 Reinspection fee: Charge for 3rd rinspection and each subsequent reinspection (per hour)$0 $199 $199 Operational Permit $0 $0 $0 46 Exhibits & Tradeshows $100 $199 $299 47 Fire Operational Permit (per hour)bill hourly bill hourly per hour Other $0 $0 $0 48 Tract access/Hydrant inspection $0 $199 $199 49 Fire Access Gate Assembly $199 $199 $398 19 341 Fee * Fee Description Plan Review Permit / Inspection Total Notes City of La Quinta Master Fee Schedule Schedule of Fire Fees 50 Special Event Permit $199 $299 $498 51 Pyrotechnic Permit (Review & Standby Charge)$199 $995 $1,194 52 Fire Safety Officer Standby - Events bill hourly bill hourly per hour 53 Fire Miscellaneous (per hour)bill hourly bill hourly per hour 54 Fire Permit Extensions (Admin Processing)$0 $100 $100 55 Expedited Plan Review 1.5x Plan Review Fee Technology Enhancement Fee 56 Technology Enhancement Fee (per permit percent of permit fee) n/a n/a 5% Fee Description Fee * Notes 57 City Assigned Fire Safety Specialist $199 per hour 58 Other County Fire Services 59 City Attorney or other legal review 100%of actual costs 60 Outside Service Providers 100%of actual costs See County Fees [a] Fee will not apply for all submittals. Before applying fees, Fire Department will review project submittal to determine if review is necessary or if review fees have been collected as part of the development planning process. [b] Fee is per building. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. 20 342 Fee Description Fee Unit Notes NPDES Ongoing Inspection Fee 1 Food Establishment Facilities $59 per year 2 Hazardous Waste/Materials Facilities $126 per year 3 Digital Follow-Up Inspections, If Required $107 each Code Compliance 4 Code Compliance Follow-Up, If Required $166 per hour City of La Quinta Master Fee Schedule Schedule of NPDES Ongoing Inspection Fees 21 343 Fee Description Fee Unit Notes 1 Homeshare STVR Permit [a] Homeshare STVR Permit - Less than 5 Bedrooms $300 per year Homeshare STVR Permit - 5 Bedrooms or More $550 per year 2 Primary Residence Short-Term Vacation Permit [a] Primary Residence STVR Permit - Less than 5 Bedrooms $750 Primary Residence STVR Permit - 5 Bedrooms or More $1,250 per year Primary Residence STVR Permit - Multi-Unit Lock-Off $750 per year [c] 3 General Short-Term Vacation Rental Permit [a] General STVR Permit - Less than 5 Bedrooms $1,000 General STVR Permit - 5 Bedrooms or More $1,250 per year General STVR Permit - Multi-Unit Lock-Off $1,000 per year [c] 4 General Short-Term Vacation Rental Permit (subject to annual mitigation fees) [a];[b] General STVR Permit - Less than 5 Bedrooms (subject to annual mitigation fees) $300 General STVR Permit - 5 Bedrooms or More (subject to annual mitigation fees) $550 per year General STVR Permit - Multi-Unit Lock-Off (subject to annual mitigation fees) $550 per year [c] 5 Technology Enhancement Fee (per permit percent of permit fee) 5% [a]If special inspection is required, amount will be billed hourly in half-hour increments using the billing rate of the department providing the services. [b]A residential dwelling within a residential project subject to a mitigation fee, paid annually to the city to offset revenue losses caused by the development of the residential project, pursuant to a development agreement with the city, or pursuant to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), under which short-term vacation rentals are a permitted use. [c]The permit fees adopted for "5 Bedrooms or More" STVR permit subtypes within each STVR permit category shall apply to all "Multi-Unit" STVR permit subtypes for residential dwellings with 5 bedrooms or more. City of La Quinta Master Fee Schedule Schedule of Short-Term Vacation Rental Permit Fees 22 344 Fee Description Fee Unit Notes Medical Cannabis Delivery Services Application 1 Medical Cannabis Delivery Service Application a) Delivery Service Application - New $697 per year b) Delivery Service Application - Renewal $697 per year Technology Enhancement Fee 2 Technology Enhancement Fee (per permit percent of permit fee) 5% City of La Quinta Master Fee Schedule Schedule of Medical Cannabis Delivery Application Fees 23 345 Fee Description Fee Unit Notes False Alarm Response 1 Police False Alarm Response [a] a) 1st False Alarm Response No Charge each b) 2nd False Alarm Response No Charge each c) 3rd False Alarm Response $100 each d) 4th False Alarm Response $175 each e) 5th and Each Additional False Alarm Response $200 each 2 Fire False Alarm Response [a] a) 1st False Alarm Response No Charge each b) 2nd False Alarm Response No Charge each c) 3rd False Alarm Response $100 each d) 4th False Alarm Response $400 each e) 5th and Each Additional False Alarm Response $800 each [a] Based on number of false alarms in a 365 day period. City of La Quinta Master Fee Schedule Schedule of False Alarm Response Fees 24 346 Fee Description Fee Unit Notes 1 Vehicle Impound Cost Recovery Fee $300 each City of La Quinta Master Fee Schedule Schedule of Vehicle Impound Cost Recovery Fees 25 347 Fee Description Fee Unit Notes 1 Code Compliance Hourly Rates a) Code Compliance Hourly Rate $166 per hour [a],[b] b) Code Compliance Hourly Rate - For Outside Agency Reimbursement Request $120 per hour [c] 2 Pool Drain Permit a) First and Second Inspection $27 b) Third Inspection $27 3 Home Occupation Permit a) Permit $194 per permit b) Address Change $83 per permit 4 Estate Home Inspection $194 [b] Hourly rate for Code Compliance staff per hour for time expended after 30 days. [c] Hourly rate for outside agency reimbursement request is a reduced rate because the City may request direct reimbursement of various fleet and technology related costs. City of La Quinta Master Fee Schedule Schedule of Code Compliance Cost Recovery Fees [a] Hourly rate for Code Compliance inspections required or requested for which no other fees are listed, requests for special event support, etc. 26 348 Fee Description Fee Unit Notes Film/Photography Permit 1 Cast and Crew Totaling One to Three Persons: a) Permit Issuance Fee i) Private Property $125 per permit ii) Private Property with Staging in Public Right of Way $166 per permit iii) Public Property $166 per permit b) Location Use Fee i) Private Property $0 per day ii) Private Property with Staging in Public Right of Way $125 per day [a] iii) Public Property $200 per day [a];[b] 2 Cast and Crew Totaling Four or More Persons: a) Permit Issuance Fee i) Private Property $291 per permit ii) Private Property with Staging in Public Right of Way $457 per permit iii) Public Property $540 per permit b) Location Use Fee i) Private Property $0 per day ii) Private Property with Staging in Public Right of Way $300 per day [a] iii) Public Property $600 per day [a];[b] Other Fees, If Applicable 3 Pre-Application Meeting (upon request)$332 per meeting 4 City Film Monitor (as needed)$166 per hour 5 Violations: a) Filming/Photography without a Permit 2 times applicable fees b) Violation of Permit $498 per violation, per day [a] Proposed fee is a market-based rate for exclusive private use of public space/facilities. [b] Does not include any applicable facility rental fees that may apply. City of La Quinta Master Fee Schedule Schedule of Film/Photography Permit Fees Note: The City Manager may waive fees for bona fide student film/photography projects and projects with 501(c)(3) Federal Income Tax Status; however, the permitting process for filming/photography is still required for these projects. 27 349 Fee Description Fee Unit Notes 1 Bingo Permit a) Initial $50 per permit b) Renewal $50 per permit City of La Quinta Master Fee Schedule Schedule of Bingo Permit Fees 28 350 Fee Description Fee *Unit Notes 1 Black and White Copy - up to 8.5 x 14 $0.15 per single-sided page 2 Black and White Copy - 11 x 17 $0.20 per single-sided page 3 Color Copy - up to 8.5 x 14 $0.25 per single-sided page 4 Color Copy - 11 x 17 $0.50 per single-sided page 5 Oversized Sheets (Plans/Maps)$3.00 per sheet [a] 6 CD/DVD/Flash Drive $5.00 per unit 7 Agency Credit Card / E-Check Service Fee a) Credit Card pass-through % of fees paid [b] b) E-Check pass-through % of fees paid [c] 8 Processing Fee for Receipt of Non-Sufficient Funds a) First from Payee $25.00 per occurence [d] b) Each Subsequent from Payee $35.00 per occurence [d] [a] If more than two sheets are requested, the City will typically process the request using an outside vendor service. [d] Set by State (Civil Code Section 1719). [c] Pass-through for payments processed using Tyler InterGov is currently $1.95. Pass-through for payments processed using GovOS Pay is currently $1.00. Pass-through for payments processed using RecTrak is currently $1.00. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts. City of La Quinta Master Fee Schedule Schedule of Administrative Fees * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific request for information/service. * In addition to the fees identified in this schedule, if a request for electronic records either (1) is for a record normally issued only periodically, or (2) requires data compilation, extraction, or programming, costs will include the cost of producing the copy, including construction, programming and computer services. [b] Pass-through for payments processed using Tyler InterGov is currently 3.75% with a $2.50 minimum. Pass-through for payments processed using GovOS Pay is currently 3% with a $0.50 minimum. Passthrough for payments processed using RecTrak is currently 2.95%. Pass-through for payments processed using ERP Pro 10 (Tyler Incode) is currently 3%. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts. 29 351 Fee Description Fee Unit Notes 1 Appeal to Hearing Officer of Administrative Citation $25 per appeal [a] 2 Appeal of an Administrative Decision to City Manager $250 per appeal [a] 3 Appeal to Construction Board of Appeals $1,500 per appeal [a] 4 Appeal to Planning Commission $1,500 per appeal [a] 5 Appeal to City Council $1,500 per appeal [a] City of La Quinta Master Fee Schedule Schedule of Appeal Fees [a] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission or City Council. 30 352 Fee Description Class I (per season) Class II Class III Class IV SPORTS FACILITIES 1 Sports Complex Baseball Diamonds/ Football Field or La Quinta Park Baseball Diamonds (with or without field lights) $10 per resident/ $15 per non- resident $25/hour (per field) N/A N/A 2 La Quinta Park or Colonel Mitchell Paige Soccer Fields (with or without field lights) $10 per resident/ $15 per non- resident $25/hour (per field) N/A N/A 3 Sports Complex, La Quinta Park, and Colonel Mitchell Paige Sports Fields (per field) N/A N/A $25/hour ($40/hour with lights) $35/hour ($55/hour with lights) 4 Sports Complex or La Quinta Park Snack Bar Use $200.00 N/A N/A N/A 5 La Quinta Boys & Girls Club Gymnasium N/A $25/hour $35/hour $45/hour 6 Tennis Courts/Pickleball Courts (per court)N/A $5/hour $5/hour $10/hour 7 SRR Golf Course Resident Card (for 3 year period)$150 PARKS 8 Civic Center Campus, Gazebo, Amphitheater (Up to 50 people max; TUP may be required) N/A $75/hour $125/hour $175/hour 9 Civic Center Campus (Non-profit event with 100+ people; TUP required) N/A $150/hour N/A N/A 10 Cove Oasis Trailhead (Up to 50 people max; TUP may be required) N/A $75/hour $125/hour $175/hour 11 Fritz Burns or La Quinta Park Party (Up to 50 people max; TUP may be required) N/A $50 (4 hours)$65 (4 hours)$90 (4 hours) 12 Fritz Burns or La Quinta Park (Non-profit event with 100+ people; TUP required) N/A $100.00 N/A N/A BUILDINGS 13 Wellness Center Multi-Purpose Room (max capacity is 200)$55/hour $75/hour $125/hour $175/hour 14 Museum Meeting Room (Meetings only; max capacity is 65)N/A $50/hour $50/hour $50/hour 15 Museum Meeting Room & Courtyard (max capacity is 150)N/A $75/hour $125/hour $175/hour 16 Wellness Center and Museum Kitchen $10/hour $20/hour $25/hour $30/hour City of La Quinta Master Fee Schedule Schedule of Facility Use Fees 31 353 Fee Description Class I (per season) Class II Class III Class IV City of La Quinta Master Fee Schedule Schedule of Facility Use Fees 17 Wellness Center Multi-Purpose Room Museum Meeting Room & Courtyard $500.00 18 La Quinta Park & Sports Complex snack bars $350.00 19 $200.00 20 Museum Meeting Room Fritz Burns Tennis Courts (per court) Fritz Burns or La Quinta Park (Non-profit events w/ 100+ people) $100.00 21 Fritz Burns or La Quinta Park Party $50.00 CLASSIFICATIONS Class I: 501(c) 3 recreation organizations serving LQ youth (18 and under) Class II: LQ non-profit organizations, community-based organizations, competitive youth sports leagues (DSUSD - Sports Complex Use Only) Class III: LQ residents (DSUSD - for all other facilities other than the Sports Complex) Class IV: LQ business and profit organizations; non-city residents, organizations, and businesses Cove Oasis Trailhead Civic Center Campus, Gazebo, Amphitheater (50 people or less) SECURITY DEPOSITS (Refundable upon post conditions after use) Sports Fields Boys & Girls Club Gym Civic Center Campus (Non-profit events with 100 people or more) 32 354 Fee Description Notes SILVERROCK EVENT SITE (4-Hour Minimum Rental) 1 Permit Processing Fee (per application) 2 Facility Rental Fee (per hour) 3 Security Deposit a) One Day Event b) Event Lasting Two or More Days Fee Description Class II Class III Class IV Security Deposit Notes 1 SilverRock - Up to 50 people max; TUP may be required $75/hour $125/hour $175/hour $100 2 SilverRock - Non-profit events with 100+ people; TUP required $150/hour N/A N/A $200 3 SilverRock Meeting Room $50/hour $50/hour $50/hour $100 CLASSIFICATION Non-Profit: 501(c)3 tax organization. Class II: LQ non-profit organizations, community-based organizations Class III: LQ residents (DSUSD - for all other facilities other than the Sports Complex) Class IV: LQ business and profit organizations; non-city residents, organizations, and businesses City of La Quinta Master Fee Schedule Schedule of SilverRock Event Site Facility Rental Fees Entire Park Area Rental Non-Profit All Others $128 $128 $272 $272 $500 $500 $1,000 $1,000 Partial Park Area Rental 33 355 Fee Description Fee Notes Parking Lot / Open Space Use Fees [a];[b] 1 Daily Use Rate Per Space a) Per Hour Rate $2.00 [c] b) Maximum Per Day $16 2 Daily Use Rate Per Area a) Per Quarter Acre i) Hourly Rate $63 [c] ii) Maximum Per Day $504 b) Per Acre i) Hourly Rate $250 [c] ii) Maximum Per Day $2,000 [c] Four-hour minimum. City of La Quinta Master Fee Schedule Use of Public Property - Parking Lots and Open Space [b] As part of permit review and review of potential impacts on the community and facilities, staff will determine if there is a need for a security deposit. Security deposit amount will be determined based on use requirements and will be refundable assuming conditions of rental/use are met. [a] Public property use rental is facilitated by obtaining the relevant use permit approval from the Community Services, Design and Development, and Public Safety Departments. 34 356 Schedule Showing Current Fees, Proposed Fees, and Proposed Fee Change Percentage ATTACHMENT 1 357 Table of Contents Contents Page 1 Building Fees - Mechanical, Plumbing, and Electrical 1 2 Building Fees - Miscellaneous Items 4 3 Building Fees - New Construction 8 4 Building Fees - Other Fees 10 5 Planning Fees 12 6 Public Works Fees 16 7 Fire Fees 22 8 NPDES Ongoing Inspection Fees 26 9 Short-Term Vacation Rental Permit Fees 27 10 Medical Cannabis Delivery Application Fees 28 11 False Alarm Response Fees 29 12 Vehicle Impound Cost Recovery Fees 30 13 Code Compliance Cost Recovery Fees 31 14 Film/Photography Permit Fees 32 15 Bingo Permit Fees 33 16 Administrative Fees 34 17 Appeal Fees 35 18 Facility Use Fees 36 19 SilverRock Event Site Facility Rental Fees 38 20 Parking Lot and Open Space Rental Fees 39 358 City of La Quinta User and Regulatory Fee Study Building Fees - Mechanical, Plumbing, and Electrical Working Version of the Master Fee Schedule Current Fee Proposed Fee Fee Description Permit Plan Check Total Cost Recovery Permit Plan Check Total Cost Recovery Fee Change Percent Change Notes Permit Issuance 1 Permit Issuance (Mechanical, Plumbing, Electrical)$120.88 $120.88 96%$126.03 $126.03 100%$5 4.26% Mechanical 2 Installation or relocation of each forced-air or gravity-type furnace or burner, including ducts and vents attached to such appliance $47.72 $31.81 $79.53 89%$56.38 $33.17 $89.55 100%$10 12.60% 3 Installation or relocation of each suspended heater, recessed wall heater, or floor-mounted unit heater $31.81 $15.91 $47.72 96%$33.17 $16.58 $49.75 100%$2 4.26% 4 Repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of controls regulated by the UMC $15.91 $6.36 $22.27 56%$33.17 $6.63 $39.80 100%$18 78.73% 5 Installation or relocation of each boiler, condenser, compressor, or each absorption system $47.72 $31.81 $79.53 89%$49.75 $39.80 $89.55 100%$10 12.60% 6 Air-handling unit, including attached ducts $47.72 $15.91 $63.62 91%$53.07 $16.58 $69.65 100%$6 9.47% 7 Evaporative cooler, other than portable-type $15.91 $15.91 $31.81 96%$16.58 $16.58 $33.17 100%$1 4.26% 8 Ventilation fan connected to a single-duct $15.91 $6.36 $22.27 96%$16.58 $6.63 $23.22 100%$1 4.26% 9 Installation of each hood which is served by mechanical exhaust, including the ducts for such hood $15.91 $6.36 $22.27 96%$16.58 $6.63 $23.22 100%$1 4.26% 10 Each appliance or piece of equipment not classified in other appliance categories, or for which no other fee is listed $47.72 $47.72 $95.43 87%$59.70 $49.75 $109.45 100%$14 14.69% Mechanical Change-Out 11 Condenser Only $47.72 $31.81 $79.53 86%$59.70 $33.17 $92.87 100%$13 16.77% 12 Furnace Only $47.72 $31.81 $79.53 83%$53.07 $43.12 $96.18 100%$17 20.94% 13 Other Equipment $47.72 $47.72 $95.43 90%$56.38 $49.75 $106.13 100%$11 11.21% 14 Packaged Unit $47.72 $31.81 $79.53 83%$53.07 $43.12 $96.18 100%$17 20.94% 15 Repair / Alteration $15.91 $6.36 $22.27 39%$49.75 $6.63 $56.38 100%$34 153.20% 16 Split-System $47.72 $95.43 $143.15 86%$66.33 $99.50 $165.83 100%$23 15.85% Plumbing 17 Each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection) $15.91 $15.91 $31.81 87%$19.90 $16.58 $36.48 100%$5 14.69% 18 Sewer Connection / Septic Abandonment $31.81 $22.27 $54.08 86%$39.80 $23.22 $63.02 100%$9 16.53% 1 359 City of La Quinta User and Regulatory Fee Study Building Fees - Mechanical, Plumbing, and Electrical Working Version of the Master Fee Schedule Current Fee Proposed Fee Fee Description Permit Plan Check Total Cost Recovery Permit Plan Check Total Cost Recovery Fee Change Percent Change Notes 19 Rainwater systems, per drain (inside building)$15.91 $15.91 $31.81 a) First 10 $15.91 $15.91 $31.81 96%$16.58 $16.58 $33.17 100%$1 4.26% b) Each Additional $3.32 $3.32 $6.63 100%$7 20 Water heater and/or vent $15.91 $9.54 $25.45 77%$23.22 $9.95 $33.17 100%$8 30.33% 21 Industrial waste pretreatment interceptor including its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps $47.72 $15.91 $63.62 96%$49.75 $16.58 $66.33 100%$3 4.26% 22 Installation, alteration, or repair of water piping and/or water-treating equipment, drainage or vent piping, each fixture $15.91 $15.91 $31.81 87%$16.58 $19.90 $36.48 100%$5 14.69% 23 Backflow protective device other than atmospheric-type vacuum breakers $15.91 $6.36 $22.27 96%$16.58 $6.63 $23.22 100%$1 4.26% 24 Gas piping system - 1 to 4 outlets $15.91 $31.81 $47.72 85%$23.22 $33.17 $56.38 100%$9 18.16% 25 Gas piping system - 5 or more outlets $47.72 $31.81 $79.53 96%$49.75 $33.17 $82.92 100%$3 4.26% 26 Solar (Thermal)$31.81 $31.81 $63.62 96%$33.17 $33.17 $66.33 100%$3 4.26% Electrical New Construction 27 Residential - First 1,000 SF (includes livable and non-livable SF) $199.00 $62.99 $261.99 83%$232.17 $82.92 $315.08 100%$53 20.27% 28 Residential - Each Additional 1,000 SF (includes livable and non-livable SF) $16.22 $6.68 $22.90 86%$19.90 $6.63 $26.53 100%$4 15.85% 29 Non-Residential - First 2,000 SF $143.15 $110.70 $253.85 85%$182.42 $116.08 $298.50 100%$45 17.59% 30 Non-Residential - Each Additional 2,000 SF $47.72 $12.72 $60.44 87%$56.38 $13.27 $69.65 100%$9 15.24% Solar (Photovoltaic) 31 Solar (PV) Less than 10kW $31.81 $31.81 $63.62 77%$33.17 $49.75 $82.92 100%$19 30.33%[a] 32 Solar (PV) Greater than 10kW $47.72 $47.72 $95.43 82%$49.75 $66.33 $116.08 100%$21 21.64%[a] 33 Each Additional String (<20)$3.18 $0.80 $3.98 37%$9.95 $0.83 $10.78 100%$7 171.08%[a] Receptacle, Switch, and Lighting Outlets 34 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - first 20 $31.81 $31.81 $63.62 101%$39.80 $23.22 $63.02 100%($1)-0.95% 35 Receptacle, switch, lighting, or other outlets at which current is used or controlled, except services, feeders, and meters - each additional $3.18 $0.80 $3.98 120%$3.32 $3.32 100%($1)-16.59% Lighting Fixtures 36 Lighting fixtures, sockets, or other lamp-holding devices - first 20 $31.81 $31.81 $63.62 87%$33.17 $39.80 $72.97 100%$9 14.69% 37 Lighting fixtures, sockets, or other lamp-holding devices - each add'l $3.18 $0.80 $3.98 120%$3.32 $3.32 100%($1)-16.59% 38 Pole or platform-mounted light replacement, repair or alteration - first 10 $31.81 $31.81 $63.62 91%$33.17 $36.48 $69.65 100%$6 9.47% 2 360 City of La Quinta User and Regulatory Fee Study Building Fees - Mechanical, Plumbing, and Electrical Working Version of the Master Fee Schedule Current Fee Proposed Fee Fee Description Permit Plan Check Total Cost Recovery Permit Plan Check Total Cost Recovery Fee Change Percent Change Notes 39 Pole or platform-mounted light replacement, repair or alteration - each additional $3.18 $0.80 $3.98 96%$3.32 $0.83 $4.15 100%$0 4.26% Residential Appliances 40 Fixed residential appliances or receptacle outlets for same, including wall- mounted electric ovens; counter-mounted cooking tops; electric ranges; self- contained room, console, or through-wall air conditioners; space heaters; food waste grinders; dishwashers; washing machines; water heaters; clothes dryers; or other motor-operated appliances not exceeding one horsepower (HP) in rating, each $15.91 $15.91 $31.81 87%$16.58 $19.90 $36.48 100%$5 14.69% Non-Residential Appliances 41 Residential appliances and self-contained, factory-wired, non-residential appliances not exceeding one horsepower (HP), kilowatt (KW) , or kilovolt ampere (KVA) in rating, including medical and dental devices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types of equipment, each $31.81 $31.81 $63.62 87%$33.17 $39.80 $72.97 100%$9 14.69% Power Apparatus 42 Motors, generators, transformers, rectifiers, synchronous converters, capacitors, industrial heating, air conditioners and heat pumps, cooking or baking equipment, and other apparatus, each $31.81 $31.81 $63.62 87%$33.17 $39.80 $72.97 100%$9 14.69% Signs, Outline Lighting, and Marquees 43 Signs, outline lighting systems, or marquees, each $47.72 $63.62 $111.34 86%$53.07 $76.28 $129.35 100%$18 16.18% Services 44 Services, each $31.81 $15.91 $47.72 85%$39.80 $16.58 $56.38 100%$9 18.16% Temporary Power Services 45 Temporary service power pole or pedestal, including all pole or pedestal- mounted receptacle outlets and appurtenances, each $31.81 $22.27 $54.08 86%$39.80 $23.22 $63.02 100%$9 16.53% Miscellaneous Apparatus, Conduits, and Conductors 46 Electrical apparatus, conduits, and conductors for which a permit is required, but for which no fee is identified $31.81 $31.81 $63.62 83%$39.80 $36.48 $76.28 100%$13 19.90% [a] Plan review fees will be waived if approved real time code review software is used. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application. 3 361 City of La Quinta User and Regulatory Fee Study Building Fees - Miscellaneous Items Working Version of the Master Fee Schedule Current Fee Proposed Fee Fee Description Permit Plan Check Total Cost Recovery Permit Plan Check Total Cost Recovery Fee Change Percent Change Notes Addition 1 Residential Addition a) Residential Addition - Up to 100 SF $160.33 $225.22 $385.55 85%$199.00 $252.07 $451.07 100%$65.51 17%[a] b) Residential Addition - Each Additional 500 SF $82.07 $22.90 $104.98 72%$112.77 $33.17 $145.93 100%$40.96 39%[a] c) Structural Review bill hourly (1 hour min.)bill hourly (1 hour min.) [a] 2 Non-Residential Addition a) Non-Residential Addition - Up to 100 SF $184.38 $259.01 $443.39 93%$192.37 $281.92 $474.28 100%$30.90 7%[a] b) Non-Residential Addition - Each Additional 500 SF $94.38 $26.34 $120.72 93%$89.55 $39.80 $129.35 100%$8.63 7%[a] c) Structural Review bill hourly (1 hour min.)bill hourly (1 hour min.) [a] Antenna 3 Dish > 2 Ft $47.72 $175.60 $223.32 96%$49.75 $182.42 $232.17 100%$8.85 4% 4 Cellular/Mobile Phone $190.87 $271.03 $461.90 96%$199.00 $281.92 $480.92 100%$19.02 4% 5 Equipment Shelter $47.72 $127.88 $175.60 96%$49.75 $132.67 $182.42 100%$6.82 4% Awning/Canopy (Supported by Building)0% 6 Awning/Canopy $19.09 $271.03 $290.12 83%$33.17 $315.08 $348.25 100%$58.13 20% Balcony Addition 7 Balcony Addition $190.87 $223.32 $414.18 93%$199.00 $248.75 $447.75 100%$33.57 8% Block Wall 8 Block Wall - First 100 LF $63.62 $79.53 $143.15 78%$82.92 $99.50 $182.42 100%$39.27 27% 9 Block Wall - Each Add'l 50 LF $19.09 $19.09 96%$19.90 $0.00 $19.90 100%$0.81 4% 10 Retaining / Combination Wall - Each 50 LF $19.09 $19.09 96%$19.90 $0.00 $19.90 100%$0.81 4% Carport 11 Carport - First $95.43 $127.88 $223.32 79%$132.67 $149.25 $281.92 100%$58.60 26% 12 Carport - Each Additional $95.43 $50.90 $146.33 98%$99.50 $49.75 $149.25 100%$2.92 2% Compliance Survey/Special Inspection 13 Compliance Survey/Special Inspection $95.43 $238.58 $334.02 88%$99.50 $281.92 $381.42 100%$47.40 14% Demolition 14 Demolition $32.45 $114.52 $146.97 98%$33.17 $116.08 $149.25 100%$2.28 2% 15 Demolition - Interior $47.72 $127.88 $175.60 96%$49.75 $132.67 $182.42 100%$6.82 4% 16 Demolition - Exterior $47.72 $143.15 $190.87 96%$49.75 $149.25 $199.00 100%$8.13 4% Fence (**Over 7' From Finished Grade) 17 Fence - First 100 LF $62.99 $80.16 $143.15 86%$72.97 $92.87 $165.83 100%$22.68 16% 18 Fence - Each Additional 50 LF $19.09 $19.09 96%$19.90 $0.00 $19.90 100%$0.81 4% 4 362 City of La Quinta User and Regulatory Fee Study Building Fees - Miscellaneous Items Working Version of the Master Fee Schedule Current Fee Proposed Fee Fee Description Permit Plan Check Total Cost Recovery Permit Plan Check Total Cost Recovery Fee Change Percent Change Notes Fireplace 19 Fireplace $190.87 $286.30 $477.17 96%$199.00 $298.50 $497.50 100%$20.33 4% Flag (**Over 20ft)/Lighting Pole 20 Flag/Lighting Pole - First $47.72 $127.88 $175.60 96%$49.75 $132.67 $182.42 100%$6.82 4% 21 Flag/Lighting Pole - Each Additional $19.09 $5.73 $24.81 94%$19.90 $6.63 $26.53 100%$1.72 7% Grading 22 Residential Precise Grading (Tract Homes) - Per Home $175.60 $175.60 varies $182.42 $182.42 varies $6.82 4% 23 Residential Precise Grading (Custom Home) - Lot <= 7,000 SF $47.72 $47.72 $95.43 96%$49.75 $49.75 $99.50 100%$4.07 4% 24 Residential Precise Grading (Custom Home) - Lot > 7,000 SF $47.72 $238.58 $286.30 96%$49.75 $248.75 $298.50 31122%$12.20 4%[b] Partition 25 Partition $95.43 $175.60 $271.03 96%$99.50 $182.42 $281.92 100%$10.88 4% Patio Cover / Covered Porch / Lattice 26 Standard, Open, Pre-Engineered (First)$127.88 $125.97 $253.85 96%$132.67 $132.67 $265.33 100%$11.48 5% 27 Standard, Enclosed, Pre-Engineered (First)$127.88 $173.69 $301.57 87%$165.83 $182.42 $348.25 100%$46.68 15% 28 Special Design (First)$175.60 $221.41 $397.00 96%$182.42 $232.17 $414.58 100%$17.58 4% 29 Each Additional $63.62 $47.72 $111.34 96%$66.33 $49.75 $116.08 100%$4.74 4% Pool / Spa 30 Swimming Pool / Spa $238.58 $129.79 $368.37 93%$265.33 $132.67 $398.00 100%$29.63 8% 31 Detached Spa / Water Feature $238.58 $238.58 90%$265.33 $0.00 $265.33 100%$26.75 11% 32 Gunite Alteration $238.58 $129.79 $368.37 93%$265.33 $132.67 $398.00 100%$29.63 8% 33 Equipment Change-out Alone $31.81 $120.88 $152.69 96%$33.17 $126.03 $159.20 100%$6.51 4% Remodel 34 Non-Structural Review - Up to 100 SF $64.89 $177.51 $242.40 87%$79.60 $199.00 $278.60 100%$36.20 15% 35 Non-Structural Review - Each Additional 500 SF $28.63 $22.90 $51.53 68%$49.75 $26.53 $76.28 100%$24.75 48% 36 Structural Review bill hourly (1 hour min.)bill hourly (1 hour min.)[a] Replacement of Plans/Job Card [a] 37 Replacement of Job Copy of Approved Plans $271.03 $271.03 96%$0.00 $281.92 $281.92 100% $10.88 4% [a] 38 Replacement of Inspection Record Card $47.72 $47.72 96%$0.00 $49.75 $49.75 100%$2.03 4% Re-Roof 39 Re-Roof - Up to 2,000 SF $64.89 $129.79 $194.68 96%$66.33 $135.98 $202.32 100%$7.63 4% 40 Re-Roof - Each Additional 1,000 SF $15.27 $15.27 92%$16.58 $0.00 $16.58 100%$1.31 9% 5 363 City of La Quinta User and Regulatory Fee Study Building Fees - Miscellaneous Items Working Version of the Master Fee Schedule Current Fee Proposed Fee Fee Description Permit Plan Check Total Cost Recovery Permit Plan Check Total Cost Recovery Fee Change Percent Change Notes Sign 41 Monument Sign - First $95.43 $175.60 $271.03 96%$99.50 $182.42 $281.92 100%$10.88 4% 42 Monument Sign - Each Additional $32.45 $32.45 98%$33.17 $0.00 $33.17 100%$0.72 2% 43 Wall/Awning Sign - First $32.45 $114.52 $146.97 96%$33.17 $119.40 $152.57 100%$5.60 4% 44 Wall/Awning Sign - Each Additional $32.45 $32.45 $64.89 98%$33.17 $33.17 $66.33 100%$1.44 2% Storage Racks 45 Storage Racks - First 100 LF $32.45 $125.97 $158.42 96%$33.17 $132.67 $165.83 100%$7.41 5% 46 Storage Racks - Each Additional 100 LF $15.27 $15.27 92%$16.58 $0.00 $16.58 100%$1.31 9% Stucco Application 47 Stucco Application - First 500 SF $32.45 $97.34 $129.79 95%$33.17 $102.82 $135.98 100%$6.19 5% 48 Stucco Application - Each Additional 500 SF $9.54 $9.54 96%$9.95 $0.00 $9.95 100%$0.41 4% Temporary Trailer 49 Temporary Trailer $190.87 $190.87 $381.74 96%$199.00 $199.00 $398.00 100%$16.26 4% Utility Release 50 Electrical Utility Release $95.43 $95.43 93%$102.82 $0.00 $102.82 100%$7.38 8% Window / Sliding Glass Door / Other Fenestration 51 Retrofit/Repair - Up to 7 $80.16 $78.26 $158.42 96%$82.92 $82.92 $165.83 100%$7.41 5% 52 Retrofit/Repair - Each Additional 5 $13.36 $13.36 81%$16.58 $0.00 $16.58 100%$3.22 24% 53 New/Alteration - First $127.25 $145.06 $272.30 95%$132.67 $152.57 $285.23 100%$12.93 5% 54 New/Alteration - Each Additional $13.36 $15.27 $28.63 96%$13.27 $16.58 $29.85 100%$1.22 4% Administrative 55 Plan Check Initial Deposit - For Various Non-OTC Items a) Miscellaneous Items $190.87 $190.87 96%$0.00 $199.00 $199.00 100%$8.13 4% b) New Construction varies varies 56 Plan Check / Permit Extension Processing $127.88 $127.88 96%$0.00 $133.33 $133.33 100%$5.45 4%[c] 57 Plan Check / Revisions (per hour)$183.07 $183.07 bill hourly (15 min. minimum) -100%[c] [d] 58 Change of Contractor, Architect, Owner Processing $127.88 $127.88 96%$0.00 $133.33 $133.33 100%$5.45 4% 59 Request/Research for Alternative Methods/Product Review bill hourly (1 hour min.)bill hourly (1 hour min.) 60 Temporary Certificate of Occupancy $572.60 $572.60 96%$597.00 $0.00 $597.00 100%$24.40 4% 61 Disabled Access Compliance Inspection $190.87 $190.87 96%$0.00 $199.00 $199.00 100% $8.13 4% 62 Partial Inspection Fee $95.43 $95.43 96%$99.50 $0.00 $99.50 100%$4.07 4%[e] 63 Re-inspection Fee $95.43 $95.43 96%$99.50 $0.00 $99.50 100%$4.07 4% 64 Excess Plan Check Fee bill hourly bill hourly (30 min. minimum)[f] 65 Investigation Fee for Work Commenced Without a Permit equal to permit fee equal to permit fee [f] 66 Investigation Fee for Work Covered Prior to Inspection $95.43 per half hour (1/2 hr min)0%bill hourly (30 min. minimum)100% [g] 67 Request for Phased Approval Permit Issuance – Plan Check $381.74 $381.74 96%$0.00 $398.00 $398.00 100% $16.26 4% 6 364 City of La Quinta User and Regulatory Fee Study Building Fees - Miscellaneous Items Working Version of the Master Fee Schedule Current Fee Proposed Fee Fee Description Permit Plan Check Total Cost Recovery Permit Plan Check Total Cost Recovery Fee Change Percent Change Notes 68 Refunds a) Fees Erroneously Paid or Collected by the City [h] b) Fees Prior to Work Being Commenced c) 180 Days After Payment of Fees [i] [d] Initial deposit varies depending on project details. [e] Per issuance, each extension will be assessed fee at each occurrence. [h] At the discretion of the building official, only applicable after a submittal has been reviewed for code compliance and subject to partial inspection fees. 100% refund up to 80% refund 100% refund up to 80% refund [k] Whether work has commenced or not, no fees are refundable more than 180 days after their payment. [b] Plan review fees for Residential Precise Grading (Tract Homes) are identified as part of the Public Works fee schedule and based on the number of sheets submitted for plan review. See Public Works fee schedule. [c] Non-Refundable Initial Deposit. For projects that request permit issuance the intitial deposit amount will be credited against total fees. [f] The permit fees identified in this fee schedule include initial inspection and one re-inspection. Additional fees will be collected for the provision of all subsequent permit inspection services. See re-inspection fee and partial inspection fee for applicable fees. [g] The base plan check fees identified in this fee schedule include initial check and one re-check. Additional fees will be collected for the provision of all subsequent re-check services. [i] The Building Official may authorize refunding of any fee paid, or portion thereof, which was erroneously paid or collected by the city. [j] No fees are refundable once the work covered by them is commenced. [a] Fee is intended to capture structural and non-structural reviews. Mechanical, Electrical, and Plumbing review and inspection fees are collected separately. no refund no refund * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including the cost of structural engineering review services. 7 365 City of La Quinta User and Regulatory Fee Study Building Fees - New Construction Working Version of the Master Fee Schedule Fee Description Current Fee - Permit * Proposed Fee - Permit * Fee Change Percent Change New Construction 1 $1 - $10,000 $190.87 for the first $5,000, plus $57.26 for each additional $1,000 or fraction thereof, to and including $10,000 $199.00 for the first $5,000, plus $63.68 for each additional $1,000 or fraction thereof, to and including $10,000 $8.13 4.26% 2 $10,001 - $25,000 $477.17 for the first $10,000, plus $12.72 for each additional $1,000 or fraction thereof, to and including $25,000 $517.40 for the first $10,000, plus $15.04 for each additional $1,000 or fraction thereof, to and including $25,000 $40.23 8.43% 3 $25,001 - $200,000 $668.04 for the first $25,000, plus $9.82 for each additional $1,000 or fraction thereof, to and including $200,000 $742.93 for the first $25,000, plus $9.97 for each additional $1,000 or fraction thereof, to and including $200,000 $74.90 11.21% 4 $200,000 and Up $2,385.84 for the first $200,000, plus $4.91 for each additional $1,000 or fraction thereof $2,487.50 for the first $200,000, plus $4.98 for each additional $1,000 or fraction thereof $101.66 4.26% Fee Description Current Fee - Plan Check * Proposed Fee - Plan Check * Fee Change Percent Change (Project Valuation) 5 $1 - $10,000 $190.87 for the first $5,000, plus $95.43 for each additional $1,000 or fraction thereof, to and including $10,000 $199.00 for the first $5,000, plus $106.13 for each additional $1,000 or fraction thereof, to and including $10,000 $8.13 4.26% 6 $10,001 - $25,000 $668.04 for the first $10,000, plus $22.27 for each additional $1,000 or fraction thereof, to and including $25,000 $729.67 for the first $10,000, plus $24.32 for each additional $1,000 or fraction thereof, to and including $25,000 $61.63 9.23% 7 $25,001 - $200,000 $1,002.05 for the first $25,000, plus $3.54 for each additional $1,000 or fraction thereof, to and including $200,000 $1,094.50 for the first $25,000, plus $4.21 for each additional $1,000 or fraction thereof, to and including $200,000 $92.45 9.23% 8 $200,000 and Up $1,622.37 for the first $200,000, plus $2.84 for each additional $1,000 or fraction thereof $1,830.80 for the first $200,000, plus $3.37 for each additional $1,000 or fraction thereof $208.43 12.85% Fee Description Current Fee - Plan Check for Multiple Structures - Each Additional ** Proposed Fee - Plan Check for Multiple Structures - Each Additional ** Fee Change Percent Change (Project Valuation) 9 All Valuations $63.62 $66.33 $2.71 4.26% 8 366 City of La Quinta User and Regulatory Fee Study Building Fees - New Construction Working Version of the Master Fee Schedule Fee Description Current Fee Proposed Fee Change Change 10 Building Department Staff $191 per hour $199 per hour $8 4.26% 11 City Attorney/Other Legal Rvw 100%of actual costs 100%of actual costs 12 Outside Service Providers 100%of actual costs 100%of actual costs For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. * The new construction fees identified in this fee schedule include the cost of structural engineering review services currently conducted by outside service providers. Additional fees will be collected for the provision of all plan review services beyond second review. * The permit fees identified in this fee schedule include initial inspection and one re-inspection. Additional fees will be collected for the provision of all subsequent permit inspection services. See re- inspection fee and partial inspection fee for applicable fees. * The base plan check fees identified in this fee schedule include initial check and one re-check. Additional fees will be collected for the provision of all subsequent re-check services. ** Fee applies when multiple identical units are submitted for review and permitted at the same time. 9 367 City of La Quinta User and Regulatory Fee Study Building Fees - Other Fees Working Version of the Master Fee Schedule Fee Description Current Fee Proposed Fee Change Notes Strong Motion Instrumentation (SMI) Fee Calculation 1 Residential $0.50 or valuation x .00013 $0.50 or valuation x .00013 0.00% 2 Commercial $0.50 or valuation x .00028 $0.50 or valuation x .00028 0.00% Art In Public Places (AIPP) Fee Calculation [a] 3 Residential $20.00 or 1/4 of 1% of value exceeding $200,000 $20.00 or 1/4 of 1% of value exceeding $200,000 0.00% 4 Commercial $20.00 or 1/2 of 1% of value $20.00 or 1/2 of 1% of value 0.00% Building Standards Administration Special Revolving Fund (SB 1473) Fee Calculation [b] 5 Valuation: a) $1 - $25,000 $1 $1 0.00% b) $25,001 - $50,000 $2 $2 0.00% c) $50,001 - $75,000 $3 $3 0.00% d) $75,001 - $100,000 $4 $4 0.00% e) Every $25,000 or fraction thereof above $100,000 Add $1 Add $1 0.00% Technology Enhancement Fee 6 Technology Enhancement Fee (percent of permit fee) 5%5% Digital Archiving and Records Management Fee 7 Digital Archiving and Records Management Fee a) OTC Permit/Application $12 $12 0.00% b) All Others $24 $24 0.00% [a] Source: La Quinta Municipal Code 2.65.060. [b] Source: California Health and Safety Code Section 18931.6 10 368 Building Valuation Data Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg Occupancy and Type Cost per Sq Ft Avg 1 APARTMENT HOUSES:7 DWELLINGS:13 JAILS:Type III-B $26.70 Type I-A or I-B *$72.50 Type V - Masonry $60.80 Type I-A or I-B $130.00 Type V-A $27.10 (Good)$89.00 (Good)$78.00 Type III-A $116.90 20 RESTAURANTS: Type V - Masonry Type V - Wood Frame $54.30 Type V-A $88.00 Type III-A $78.80 (or Type III)$58.80 (Good)$77.90 14 LIBRARIES:Type III-B $76.20 (Good)$71.80 Basements -Type I-A or I-B $95.40 Type V-A $72.00 Type V - Wood Frame $51.60 Semi-Finished $16.20 Type II-A $68.90 Type V-B $69.10 (Good)$65.90 (Good)$18.50 Type II-B $65.50 21 SCHOOLS: Type I - Basement Garage $30.80 Unfinished $12.20 Type III-A $72.70 Type I-A or I-B $90.90 2 AUDITORIUMS:(Good)$14.30 Type III-B $69.20 Type II-A $61.20 Type I-A or I-B $85.80 8 FIRE STATIONS:Type V-A $68.20 Type III-A $65.70 Type II-A $61.50 Type I-A or I-B $92.80 Type V-B $65.20 Type III-B $62.30 Type II-B $58.80 Type II-A $60.50 15 MEDICAL OFFICES:Type V-A $61.20 Type III-A $64.60 Type II-B $57.50 Type I-A or I-B *$97.40 Type V-B $58.40 Type III-B $61.70 Type III-A $66.70 Type II-A $74.60 22 SERVICE STATIONS: Type V-A $61.40 Type III-B $63.80 Type II-B $71.20 Type II-B $54.40 Type V-B $58.50 Type V-A $62.20 Type III-A $78.60 Type III-A $56.60 3 BANKS:Type V-B $59.20 Type III-B $75.70 Type V-A $48.10 Type I-A or I-B *$121.40 9 HOMES FOR THE ELDERLY:Type V-A $72.90 Canopies $22.60 Type II-A $88.20 Type I-A or I-B $85.00 Type V-B $70.00 23 STORES: Type II-B $85.60 Type II-A $68.40 16 OFFICES**:Type I-A or I-B *$67.40 Type III-A $97.70 Type II-B $65.20 Type I-A or I-B *$87.20 Type II-A $40.60 Type III-B $94.30 Type III-A $71.20 Type II-A $57.80 Type II-B $39.80 Type V-A $87.90 Type III-B $68.20 Type II-B $55.20 Type III-A $49.60 Type V-B $85.00 Type V-A $68.60 Type III-A $62.40 Type III-B $46.80 4 BOWLING ALLEYS:Type V-B $65.70 Type III-B $59.60 Type V-A $41.60 Type II-A $41.10 10 HOSPITALS:Type V-A $57.80 Type V-B $38.40 Type II-B $38.30 Type I-A or I-B *$133.50 Type V-B $54.90 24 THEATERS: Type III-A $44.90 Type III-A $109.40 17 PRIVATE GARAGES:Type I-A or I-B $89.80 Type III-B $41.90 Type V-A $103.50 Wood Frame $19.60 Type III-A $64.60 Type V-A $30.50 11 HOTELS AND MOTELS:Masonry $22.00 Type III-B $61.60 5 CHURCHES:Type I-A or I-B *$82.20 Open Carports $13.30 Type V-A $60.40 Type I-A or I-B $81.20 Type III-A $71.00 18 18. PUBLIC BUILDINGS:Type V-B $57.40 Type II-A $60.20 Type III-B $67.60 Type I-A or I-B *$101.40 25 WAREHOUSES***: Type II-B $57.20 Type V-A $62.90 Type II-A $80.90 Type I-A or I-B $40.40 Type III-A $65.50 Type V-B $59.90 Type II-B $77.60 Type II-A or V-A $23.60 Type III-B $62.50 12 INDUSTRIAL PLANTS:Type III-A $83.80 Type II-B or V-B $22.20 Type V-A $60.80 Type I-A or I-B $46.60 Type III-B $81.10 Type III-A $27.10 Type V-B $58.00 Type II-A $32.10 Type V-A $76.70 Type III-B $25.90 6 CONVALESCENT HOSPITALS: Type II-B $29.40 Type V-B $73.80 Type I-A or I-B *$113.80 Type III-A $35.30 19 PUBLIC GARAGES:EQUIPMENT Type II-A $77.20 Type III-B $32.80 Type I-A or I-B *$39.60 AIR CONDITIONING: Type III-A $80.10 Tilt-up $24.10 Type I or II Open Parking * $30.00 Commercial $3.50 Type V-B $75.10 Type V-A $33.00 Type II-B $23.20 Residential $2.90 Type V-B $30.20 Type III-A $29.90 SPRINKLER SYSTEMS:$1.70 * Add 0.5 percent to total cost for each story over three. ** Deduct 20 percent for shell-only buildings. *** Deduct 11 percent for mini-warehouses. Note: Building valuation data transcribed from Building Standards, July-August 1994 and adapted to 2007 CBC Types of Construction. Revised 3/5/2009. 11 369 City of La Quinta User and Regulatory Fee Study Planning Fees Working Version of the Master Fee Schedule Fee Description Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Fee Type Note Temporary Use 1 Temporary Use Permit - Minor (Standard)$474 19%$597 24%$123 26% 2 Temporary Use Permit - Minor (Requests Requiring Additional Effort) $474 $597 $123 26%base fee 3 Temporary Use Permit - Major (Standard)$2,481 93%$2,587 97%$106 4% 4 Temporary Use Permit - Major (Requests Requiring Additional Effort) $2,481 $2,587 $106 4%base fee Minor Use 5 Minor Use Permit $474 19%$597 24%$123 26%base fee 6 Minor Use Permit - Amendment $474 38%$597 48%$123 26%base fee Conditional Use 7 Conditional Use Permit $7,603 92%$7,960 97%$357 5%base fee 8 Conditional Use Permit - Planned Unit Dev.$7,603 92%$7,960 97%$357 5%base fee 9 Conditional Use Permit - Amendment $3,706 92%$3,881 97%$174 5%base fee 10 Conditional Use Permit - Time Extension $2,004 93%$2,090 97%$85 4% Expedited Review Fee 11 Expedited Review Fee 1.5x standard fee 1.5x standard fee [a] Site Development 12 Development Agreement $3,945 160%$2,388 97%($1,557)-39%base fee [b] 13 Site Development Permit - Planning Commission $10,561 90%$11,343 97%$782 7%base fee 14 Site Development Permit - Administrative $9,034 92%$9,453 97%$418 5%base fee 15 Site Development Permit - Amendment $5,535 93%$5,771 97%$236 4%base fee 16 Site Development Permit - Time Extension $2,004 93%$2,090 97%$85 4% 17 Modification by Applicant $474 19%$597 24%$123 26%base fee 18 Minor Adjustment $474 29%$597 36%$123 26%base fee 19 Underground Waiver $2,746 89%$2,985 97%$239 9%base fee 20 Variance $2,863 93%$2,985 97%$122 4%base fee Landscape Plan 21 Final Landscape Plan $2,386 97%$2,388 97%$2 0% Housing 22 Senate Bill (SB) 330 Application Review $1,527 93%$1,592 97%$65 4% Conceptual Design Review 23 Conceptual Design Review $2,672 86%$2,985 97%$313 12%[c] 12 370 City of La Quinta User and Regulatory Fee Study Planning Fees Working Version of the Master Fee Schedule Fee Description Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Fee Type Note Signs 24 A-Frame Sign Permit $0 25 Sign Permit $421 58%$453 63%$32 8% 26 Sign Program $3,372 91%$3,582 97%$210 6%base fee 27 Sign Program Amendment $1,145 93%$1,194 97%$49 4% Residential Flagpole 28 Residential Flagpole $65 16%$65 16%$0 0% Zoning 29 Zone Change $11,134 92%$11,642 97%$508 5%base fee 30 Director's Determination $480 39%$776 63%$296 62% 31 Certificate of Compliance $599 31 Zoning Letter - Basic Property Information $312 38%$517 63%$206 66% 32 Zoning Letter - Basic Property Information with Additional Research Required $1,622 93%$1,692 97%$69 4% 33 Zoning Text Amendment $11,198 92%$11,741 97%$543 5%base fee Street Name Change 34 Street Name Change $2,386 101%$2,289 97%($97)-4% Historical Structures 35 Landmark Designation/Cert of Appropriateness/Dedesignation $1,565 58%$1,682 63%$117 7% 36 Mills Act Agreement $1,194 97% Environmental Review 37 Recordation of Exemption $191 93%$199 97%$8 4% 38 Initial Study (ND/MND)$3,817 93%$3,980 97%$163 4%base fee 39 Environmental Impact Report $11,070 98%$10,945 97%($125)-1%base fee General/Specific Plan 40 Specific Plan $12,852 94%$13,234 97%$382 3%base fee 41 Specific Plan - Amendment $5,662 92%$5,970 97%$308 5%base fee 42 General Plan Amendment $12,406 93%$12,935 97%$529 4%base fee Map 43 Tentative Parcel Map $5,981 92%$6,269 97%$288 5%base fee 44 Tentative Parcel Map - Waiver $1,622 93%$1,692 97%$69 4% 45 Tentative Parcel Map - Amendment $3,563 91%$3,781 97%$218 6%base fee 13 371 City of La Quinta User and Regulatory Fee Study Planning Fees Working Version of the Master Fee Schedule Fee Description Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Fee Type Note 46 Tentative Parcel Map - Revision $3,563 91%$3,781 97%$218 6%base fee 47 Tentative Parcel Map - Time Extension $1,145 93%$1,194 97%$49 4% 48 Tentative Tract Map $9,925 93%$10,348 97%$423 4%base fee 49 Tentative Tract Map - Amendment $4,708 91%$4,975 97%$267 6%base fee 50 Tentative Tract Map - Revision $4,708 91%$4,975 97%$267 6%base fee 51 Tentative Tract Map - Time Extension (CC or PC)$2,195 93%$2,289 97%$94 4% 52 Tentative Tract Map - Time Extension (Admin)$1,241 93%$1,294 97%$53 4% 53 Tentative Condominium Map $9,925 93%$10,348 97%$423 4%base fee 54 Amended Final Parcel Map (Entitlement Support)$4,772 93%$4,975 97%$203 4%base fee 55 Amended Final Tract Map (Entitlement Support)$7,635 93%$7,960 97%$325 4%base fee Large Lot - Qualified and Certified 56 Large Lot - Qualified and Certified $1,500 $1,500 $0 0% Zoning Clearance - Planning Plan Check 57 Zoning Clearance - Planning Plan Check a) Alterations/Additions - Residential $95 93%$100 97%$4 4% b) New Construction - Single Family Residential $191 62%$299 97%$108 56% c) New Construction - 2-4 Residential Units $286 93%$299 97%$12 4% d) New Construction - 5+ Residential Units $763 124%$597 97%($166)-22% e) New Construction - Non-Residential $382 93%$398 97%$16 4% f) Alterations/Additions - Non-Residential $191 93%$199 97%$8 4% 58 Planning Fence Review $398 97% 59 Accessory Dwelling Unit or Guesthouse $398 97% Planning Final Inspection 60 Planning Final Inspection $100 97% Technology Enhancement Fee 61 Technology Enhancement Fee (per permit percent of permit fee) 5%5%$0 0% 62 Certificate of Compliance $599 Digital Archiving and Records Management Fee 63 Digital Archiving and Records Management Fee a) OTC Permit/Application $12 b) All Others $24 14 372 City of La Quinta User and Regulatory Fee Study Planning Fees Working Version of the Master Fee Schedule Fee Description Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Fee Type Note [a] Request for expedited service is subject to Design & Development Department Director approval. It is dependent on staff availability and workload. [b] In addition to the fee shown for Development Agreement, the City shall collect a $5,000 $15,000 initial deposit to offset City Attorney costs. [c] 50% of fee may be credited toward entitlement application submittal. [d] All fees have been calculated based upon average number of staff hours. Should a project take significantly more staff time to complete, staff hours above original assumptions may be charged at current hourly rates. 15 373 City of La Quinta User and Regulatory Fee Study Public Works Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note Land Subdivision 1 Parcel Map: a) Final Parcel Map i) Initial Sheet per sheet $2,958 94%$3,085 98%$126 4% ii) Each Additional Sheet per sheet $859 94%$896 98%$37 4% b) Final Parcel Map - Amendment i) Initial Sheet per sheet $2,958 94%$3,085 98%$126 4% ii) Each Additional Sheet per sheet $859 94%$896 98%$37 4% c) Substantial Conformance Review i) Initial Sheet per sheet $3,483 94%$3,632 98%$148 4% ii) Each Additional Sheet per sheet $1,527 94%$1,592 98%$65 4% 2 Tract Map: a) Final Tract Map i) Initial Sheet per sheet $3,149 94%$3,284 98%$134 4% ii) Each Additional Sheet per sheet $954 94%$995 98%$41 4% b) Final Tract Map - Amendment i) Initial Sheet per sheet $3,149 94%$3,284 98%$134 4% ii) Each Additional Sheet per sheet $954 94%$995 98%$41 4% c) Substantial Conformance Review i) Initial Sheet per sheet $3,483 94%$3,632 98%$148 4% ii) Each Additional Sheet per sheet $1,527 94%$1,592 98%$65 4% 3 Reversion to Acreage: a) Initial Sheet per sheet $3,245 94%$3,383 98%$138 4% b) Each Additional Sheet per sheet $859 94%$896 98%$37 4% 4 Lot Line Adjustment/Parcel Merger a) Lot Line Adjustment per request $2,290 94%$2,388 98%$98 4% b) Parcel Merger per request $2,290 94%$2,388 98%$98 4% 5 Street Dedication/Vacation a) Land Action Documents (ROW/Easements/Grant Deeds) per request $2,338 94%$2,438 98%$100 4% b) Vacation of Street/Public ROW per request $2,863 94%$2,985 98%$122 4% 6 Land Survey a) Record of Survey per request $620 94%$647 98%$26 4% b) Certificate of Correction per request $811 94%$846 98%$35 4% 16 374 City of La Quinta User and Regulatory Fee Study Public Works Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note Grading / Project Improvements 7 Plan Review (First 3 Reviews): a) Rough Grading i) Initial Sheet per sheet $1,861 99%$1,841 98%($20)-1% ii) Each Additional Sheet per sheet $954 94%$995 98%$41 4% iii) Revisions - Initial Sheet per sheet $1,361 94%$1,419 98%$58 4% iv) Revisions - Each Additional Sheet per sheet $954 94%$995 98%$41 4% b) Precise Grading - Commercial i) Initial Sheet per sheet $2,338 102%$2,239 98%($99)-4% ii) Each Additional Sheet per sheet $1,336 94%$1,393 98%$57 4% iii) Revisions - Initial Sheet per sheet $1,743 94%$1,817 98%$74 4% iv) Revisions - Each Additional Sheet per sheet $1,336 94%$1,393 98%$57 4% c) Precise Grading - Tract Homes i) Initial Sheet per sheet $1,432 108%$1,294 98%($138)-10% ii) Each Additional Sheet per sheet $239 94%$249 98%$10 4% iii) Revisions - Initial Sheet per sheet $741 94%$772 98%$32 4% iv) Revisions - Each Additional Sheet per sheet $239 94%$249 98%$10 4% d) Precise Grading - Custom Home [a] e) PM10 i) Initial Sheet per sheet $694 37%$620 33%($74)-11% ii) Each Additional Sheet per sheet iii) Revisions - Initial Sheet per sheet $533 37%$478 33%($56)-10% iv) Revisions - Each Additional Sheet per sheet f) Street Improvements i) Initial Sheet per sheet $2,147 103%$2,040 98%($108)-5% ii) Each Additional Sheet per sheet $1,145 94%$1,194 98%$49 4% iii) Revisions - Initial Sheet per sheet $1,552 94%$1,618 98%$66 4% iv) Revisions - Each Additional Sheet per sheet $1,145 94%$1,194 98%$49 4% 17 375 City of La Quinta User and Regulatory Fee Study Public Works Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note g) Storm Drain i) Initial Sheet per sheet $1,956 94%$2,040 98%$83 4% ii) Each Additional Sheet per sheet $1,145 94%$1,194 98%$49 4% iii) Revisions - Initial Sheet per sheet $1,552 94%$1,618 98%$66 4% iv) Revisions - Each Additional Sheet per sheet $1,145 94%$1,194 98%$49 4% h) Signing and Striping i) Initial Sheet per sheet $1,766 94%$1,841 98%$75 4% ii) Each Additional Sheet per sheet $954 94%$995 98%$41 4% iii) Revisions - Initial Sheet per sheet $1,361 94%$1,419 98%$58 4% iv) Revisions - Each Additional Sheet per sheet $954 94%$995 98%$41 4% i) Traffic Signal i) Initial Sheet per sheet $1,575 94%$1,642 98%$67 4% ii) Each Additional Sheet per sheet $763 94%$796 98%$33 4% iii) Revisions - Initial Sheet per sheet $1,170 94%$1,220 98%$50 4% iv) Revisions - Each Additional Sheet per sheet $763 94%$796 98%$33 4% j) Sidewalk i) Initial Sheet per sheet $1,384 94%$1,443 98%$59 4% ii) Each Additional Sheet per sheet $573 94%$597 98%$24 4% iii) Revisions - Initial Sheet per sheet $979 94%$1,021 98%$42 4% iv) Revisions - Each Additional Sheet per sheet $573 94%$597 98%$24 4% k) Traffic Control Plan per sheet $95 94%$100 98%$4 4% l) Record Drawings Review i) Initial Sheet per sheet $1,002 94%$1,045 98%$43 4% ii) Each Additional Sheet per sheet $191 94%$199 98%$8 4% m) Hydrology Report per report $2,052 94%$2,139 98%$87 4% i) Revisions per report $954 94%$995 98%$41 4% n) Traffic Study per study $1,575 94%$1,642 98%$67 4% o) WQMP Report i) With Prior Entitlement per report $1,861 94%$1,940 98%$79 4% ii) Without Prior Entitlement per report $2,243 94%$2,338 98%$96 4% iii) Revisions per report $954 94%$995 98%$41 4% 18 376 City of La Quinta User and Regulatory Fee Study Public Works Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note p) SWPPP per plan $2,147 94%$2,239 98%$91 4% i) Revisions per plan $763 94%$796 98%$33 4% q) Sewer and Water i) Initial Sheet per sheet $1,527 107%$1,393 98%($134)-9% ii) Each Additional Sheet per sheet $573 94%$597 98%$24 4% iii) Revisions - Initial Sheet per sheet $954 94%$995 98%$41 4% iv) Revisions - Each Additional Sheet per sheet $573 94%$597 98%$24 4% 8 Plan Review (>3 Reviews)per hour $191 94%$199 98%$8 4% 9 Expedited Plan Review Fee 1.5x standard fee n/a 1.5x standard fee varies n/a n/a [b] 10 Permit Inspection a) Rough Grading i) First 3 Acres $3,817 94%$3,980 98%$163 4% ii) Each Additional Acre $954 94%$995 98%$41 4% iii) Last One Acre $477 94%$498 98%$20 4% b) Precise Grading i) First 3 Acres $3,817 94%$3,980 98%$163 4% ii) Each Additional Acre $954 94%$995 98%$41 4% iii) Last One Acre $477 94%$498 98%$20 4% c) Precise Grading - Tract Homes $176 $183 98%[c] d) Precise Grading - Custom Homes $95 $100 98%[c] e) PM10 i) < 10 Acres $4,581 94%$4,776 98%$195 4%[d] ii) 10 - 50 Acres $6,871 94%$7,164 98%$293 4%[d] iii) 51 - 200 Acres $9,162 94%$9,552 98%$390 4%[d] iv) > 200 Acres $13,742 94%$14,328 98%$586 4%[d] f) Street Improvements - Off-Site i) First 1,000 LF $6,108 94%$6,368 98%$260 4% ii) Each Additional 1,000 LF $5,344 94%$5,572 98%$228 4% iii) Last 1,000 LF $3,436 94%$3,582 98%$146 4% 19 377 City of La Quinta User and Regulatory Fee Study Public Works Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note g) Street Improvements - On-Site i) First 1,000 LF $4,199 94%$4,378 98%$179 4% ii) Each Additional 1,000 LF $3,436 94%$3,582 98%$146 4% iii) Last 1,000 LF $2,290 94%$2,388 98%$98 4% h) Storm Drain i) First 1,000 LF $3,626 94%$3,781 98%$155 4% ii) Each Additional 1,000 LF $2,863 94%$2,985 98%$122 4% iii) Last 1,000 LF $1,909 94%$1,990 98%$81 4% i) Signing and Striping i) First 1,000 LF $1,909 94%$1,990 98%$81 4% ii) Each Additional 1,000 LF $1,145 94%$1,194 98%$49 4% iii) Last 1,000 LF $573 94%$597 98%$24 4% j) Traffic Signal $5,153 94%$5,373 98%$220 4% k) NPDES $2,290 94%$2,388 98%$98 4% l) Bond Reduction Request $2,577 94%$2,687 98%$110 4% m) Final Inspection/Acceptance $3,436 94%$3,582 98%$146 4% n) Traffic Control Only i) One Day $385 54%$400 56%$15 4% ii) Two - Five Days $771 58%$800 61%$29 4% iii) Each Additional Day (Up to 10 Days)$385 54%$400 56%$15 4% iv) 11+ Days $4,485 94%$4,677 98%$191 4% o) Cut/Bore $859 94%$896 98%$37 4% p) Driveway i) Residential $207 34%$201 33%($6)-3% ii) Commercial $1,241 94%$1,294 98%$53 4% q) Excavation / Trenching i) First 100 LF $859 94%$896 98%$37 4% ii) Each Additional 100 LF $382 94%$398 98%$16 4% iii) Last 100 LF $191 94%$199 98%$8 4% 20 378 City of La Quinta User and Regulatory Fee Study Public Works Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note r) Sidewalk i) First 100 Lineal Feet $956 55%$863 50%($93)-10% ii) Each Additional 100 Lineal Feet $522 43%$609 50%$87 17% iii) Last 100 Lineal Feet $174 43%$203 50%$29 17% s) Sewer and Water $1,527 94%$1,592 98%$65 4% t) Night Work $477 94%$498 98%$20 4% 11 Research/Administrative a) Subdiv'n Improvement Agreem't (SIA)per request $2,290 94%$2,388 98%$98 4% b) SIA - Time Extension per request $1,336 94%$1,393 98%$57 4% c) Assignment & Assumptions Agreement per request $2,481 94%$2,587 98%$106 4% d) Flood Plain Research/FEMA App per request $1,145 94%$1,194 98%$49 4% e) Bid Protest Review $859 53%$812 50%($47)-6% f) City Planting of Memorial Tree $398 98% 12 Reactivation of Permit a) Reactivation of an Expired Permit / Permit Extension each 10% of original permit fee 10% of original permit fee 13 Technology Enhancement Fee Technology Enhancement Fee (per permit percent of permit fee) 5%5% Digital Archiving and Records Management Fee 16 Digital Archiving and Records Management Fee a) OTC Permit/Application $12 b) All Others $24 14 Transportation Permits a) Annual each $90 90$ $0 0% b) Single Event each $16 16$ $0 0% 15 Refunds a) Refunds for Plan Checks i) If plan check has not begun 90% refund 90% refund ii) If 1st plan check has begun 30% refund 60% refund iii) If 2nd plan check has begun 10% refund 30% refund iv) Past 2nd plan check no refund no refund b) Refunds for Permits - Permit issued and no work has commenced Up to 50% of original permit fee Up to 90% of original permit fee [a] Plan review fees for Precise Grading - Custom Home are identified as part of the Building fee schedule and are based on the lot size of the custom home. See Building fee schedule, Grading section. [c] Inspection fees for Precise Grading - Custom Homes and Tract Homes are identified as part of the Building fee schedule. See Building fee schedule, Grading section. [d] For PM10 annual permit. For permits required for less than one year, or portion of year, fees will be pro-rated based on the number of months permitted. [b] Expedited Plan Review request is subject to City Engineer approval. It is dependent on staff availability and workload. 21 379 City of La Quinta User and Regulatory Fee Study Fire Fees Working Version of the Master Fee Schedule Current Fee Current Proposed Fee Proposed Fee Description Plan Check Permit Total Cost Recovery Plan Check Permit Total Cost Recovery Fee Change Percent Change Notes Construction-Related Fire Review and Inspection Fees 1 New Multi-Residential (Hotel, Motel, Apartments, Condominiums)$572 $381 $954 96%$597 $398 $995 100%$41 4% 2 New Commercial / Industrial $572 $477 $1,050 96%$597 $498 $1,095 100%$45 4% 3 Residential Addition / Remodel $95 $95 $190 95%$100 $100 $199 100%$9 5% 4 Commercial Tenant Improvement $286 $191 $477 96%$299 $199 $498 100%$20 4% 5 Commercial / Industrial Addition or Remodel $286 $286 $572 96%$299 $299 $597 100%$25 4% 6 New Single Family Dwelling (Access/Water)$95 $95 $190 95%$100 $100 $199 100%$9 5%[a] 7 Automatic Suppression System $381 $381 $762 96%$398 $398 $796 100%$34 4% 8 Kitchen Hood Suppression System $286 $191 $477 96%$299 $199 $498 100%$20 4% 9 Fire Suppression System - Existing Modifications $191 $191 $382 96%$199 $199 $398 100%$16 4% 10 Fire Alarm Systems $669 $572 $1,241 96%$697 $597 $1,294 100%$53 4% 11 Fire Alarm-Monitoring and Tenant Improvements $286 $191 $477 96%$299 $199 $498 100%$20 4% 12 Fire Sprinkler Systems - Single Family Detached a) 1-50 Sprinkler Heads $286 $191 $477 96%$299 $199 $498 100%$20 4%[a] b) 51-100 Sprinkler Heads $286 $286 $572 96%$299 $299 $597 100%$25 4%[a] c) Over 100 Sprinkler Heads $286 $381 $667 96%$299 $398 $697 100%$29 4%[a] 13 Fire Sprinkler Systems - Tract Master Plan $286 $0 $286 96%$299 $0 $299 100%$12 4% 14 Fire Sprinkler Systems - Tract Production Home $0 $191 $191 96%$0 $199 $199 100%$8 4% 15 Fire Sprinkler Systems - Multi-Family 3 or more units $381 $286 $667 96%$398 $299 $697 100%$29 4%[b] 16 Fire Sprinkler Systems - Commercial / Industrial 0 - 35,000 SF $477 $286 $764 96%$498 $299 $796 100%$32 4% 17 Fire Sprinkler Systems - Commercial / Industrial 35,001 - 75,000 SF $572 $334 $907 96%$597 $348 $945 100%$39 4% 18 Fire Sprinkler Systems - Commercial / Industrial 75,001 - 120,000 SF $669 $477 $1,146 96%$697 $498 $1,194 100%$48 4% 19 Fire Sprinkler Systems - Commercial / Industrial > 120,000 SF $764 $669 $1,432 96%$796 $697 $1,493 100%$60 4% 20 Fire Sprinkler Systems - Tenant Improvement a) up to 10 $191 $381 $572 144%$199 $199 $398 100%-$174 -30% b) 10 or more $191 $381 $572 96%$199 $398 $597 100%$25 4% 21 Fire Pumps $381 $381 $762 96%$398 $398 $796 100%$34 4% 22 Fire Standpipe Systems $286 $381 $667 96%$299 $398 $697 100%$29 4% 23 Smoke Controls Systems $669 $572 $1,241 96%$697 $597 $1,294 100%$53 4% 24 Private Fire Mains $381 $381 $762 96%$398 $398 $796 100%$34 4% 22 380 City of La Quinta User and Regulatory Fee Study Fire Fees Working Version of the Master Fee Schedule Current Fee Current Proposed Fee Proposed Fee Description Plan Check Permit Total Cost Recovery Plan Check Permit Total Cost Recovery Fee Change Percent Change Notes 25 Fire Protection Water Supply - Existing System Modifications $191 $191 $382 96%$199 $199 $398 100%$16 4% 26 Water Storage $382 $573 $954 96%$398 $597 $995 100%$41 4% 27 Public Hydrant System $191 $191 $382 96%$199 $199 $398 100%$16 4% 28 Energy Storage Systems $191 $191 $382 96%$199 $199 $398 100%$16 4% 29 Emergency Responder Radio Coverage $286 $286 $572 96%$299 $299 $597 100%$25 4% 30 AST - Fuel Storage Tank $191 $191 $382 96%$199 $199 $398 100%$16 4% 31 Fuel Dispensers $191 $191 $382 96%$199 $199 $398 100%$16 4% 32 Hazardous Materials - HMIS / H-OCC $286 $381 $667 96%$299 $398 $697 100%$29 4% 33 High-piled Combustible Storage $286 $381 $667 96%$299 $398 $697 100%$29 4% 34 Solar PV Power System (Commercial)$191 $191 $382 96%$199 $199 $398 100%$16 4% 35 Special Event Structure / Tent $191 $191 $382 96%$199 $199 $398 100%$16 4% 36 Gas Detection System $191 $191 $382 96%$199 $199 $398 100%$16 4% 37 Plan Revision Submittals - each $191 $0 $191 96%$199 $0 $199 100%$8 4% 38 Plan Resubmittals (in Excess of 3 Reviews) - each $191 $0 $191 96%$199 $0 $199 100%$8 4% 39 Failed or Additional Field Inspections (Excessive) - each $0 $191 $191 96%$0 $199 $199 100%$8 4% State Mandated Inspections 40 R-1 Occupancies (Hotels & Motels) a) < 25 units $0 $199 $199 100%$199 b) 26 - 50 units $0 $299 $299 100%$299 c) 51 - 75 units $0 $398 $398 100%$398 d) 76 - 100 units $0 $498 $498 100%$498 e) > 100 units $0 $597 $597 100%$597 f) Per Additional 10 Units $0 $30 $30 100%$30 41 R-2 (Ex. Apartment) a) 3 - 16 units $0 $199 $199 100%$199 b) 17 - 25 units $0 $299 $299 100%$299 c) 26 - 50 units $0 $398 $398 100%$398 d) 51 - 75 units $0 $498 $498 100%$498 e) 76 - 100 units $0 $597 $597 100%$597 f) > 100 units $0 $697 $697 100%$697 g) Per Additional 10 Units $0 $30 $30 100%$30 23 381 City of La Quinta User and Regulatory Fee Study Fire Fees Working Version of the Master Fee Schedule Current Fee Current Proposed Fee Proposed Fee Description Plan Check Permit Total Cost Recovery Plan Check Permit Total Cost Recovery Fee Change Percent Change Notes 42 R-2.1/R-4 Occupancies (Residential Care Facilities) a) Care Facility Commercial 0 - 50 Clients $0 $299 $299 100%$299 b) Care Facility Commercial 51 - 100 Clients $0 $398 $398 100%$398 c) Care Facility Commercial 101 - 150 Clients $0 $498 $498 100%$498 d) Care Facility 151 or more Clients $0 $597 $597 100%$597 43 Other Occupancies - High Rise Building $0 $1,592 $1,592 100%$1,592 44 Defensible Space Inspection Fee (per hour)$0 $199 $199 100%$199 45 Reinspection fee: Charge for 3rd rinspection and each subsequent reinspection (per hour) $0 $199 $199 100%$199 Operational Permit 46 Exhibits & Tradeshows $95 $191 $286 96%$100 $199 $299 100%$12 4% 47 Fire Operational Permit (per hour)bill hourly bill hourly per hour bill hourly bill hourly per hour Other 48 Tract access/Hydrant inspection $0 $191 $191 95%$0 $199 $199 100%$8 4% 49 Fire Access Gate Assembly $191 $191 $382 94%$199 $199 $398 100%$16 4% 50 Special Event Permit $191 $286 $477 95%$199 $299 $498 100%$20 4% 51 Pyrotechnic Permit (Review & Standby Charge)$191 $955 $1,146 95%$199 $995 $1,194 100%$48 4% 52 Fire Safety Officer Standby - Events bill hourly bill hourly per hour 0%bill hourly bill hourly per hour 53 Fire Miscellaneous (per hour)bill hourly bill hourly per hour 0%bill hourly bill hourly per hour 54 Fire Permit Extensions (Admin Processing)$95 94%$0 $100 $100 100%$4 4% 55 Expedited Plan Review 1.5x Plan Review Fee 0%1.5x Plan Review Fee Technology Enhancement Fee 56 Technology Enhancement Fee (per permit percent of permit fee) 5%0%5%0%$0 0% Digital Archiving and Records Management Fee 57 Digital Archiving and Records Management Fee $23 0% 24 382 City of La Quinta User and Regulatory Fee Study Fire Fees Working Version of the Master Fee Schedule Current Fee Current Proposed Fee Proposed Fee Description Plan Check Permit Total Cost Recovery Plan Check Permit Total Cost Recovery Fee Change Percent Change Notes Fee Description Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Notes 57 City Assigned Fire Safety Specialist $191 per hour 96%$199 per hour 100%$8 4% 58 Other County Fire Services 59 City Attorney or other legal review 100%of actual costs 100%of actual costs 60 Outside Service Providers 100%of actual costs 100%of actual costs [b] Fee is per building. [a] Fee will not apply for all submittals. Before applying fees, Fire Department will review project submittal to determine if review is necessary or if review fees have been collected as part of the development planning process. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific application, including but not limited to legal review. For service requests, which have no fees listed in this Master Fee Schedule, the City Manager or his/her designee shall determine the appropriate fee based on the following hourly rates for staff time involved in the service or activity. See County Fees See County Fees 25 383 City of La Quinta User and Regulatory Fee Study NPDES Ongoing Inspection Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change NPDES Ongoing Inspection Fee 1 Food Establishment Facilities per year 55$ 93%59$ 100%4$ 8% 2 Hazardous Waste/Materials Facilities per year 117$ 0%126$ 100%9$ 7% 3 Digital Follow-Up Inspections, If Required each new 107$ 100%107$ n/a Code Compliance 4 Code Compliance Follow-Up, If Required per hour 140$ 84%166$ 100%26$ 19% 26 384 City of La Quinta User and Regulatory Fee Study Short-Term Vacation Rental Permit Fees Working Version of the Master Fee Schedule Fee Description Current Fee Proposed Fee Fee Change Percent Change Unit Notes 1 Homeshare STVR Permit [a] Homeshare STVR Permit - Less than 5 Bedrooms $300 $300 $0.00 0.00%per year Homeshare STVR Permit - 5 Bedrooms or More $550 $550 $0.00 0.00%per year 2 Primary Residence Short-Term Vacation Permit [a] Primary Residence STVR Permit - Less than 5 Bedrooms $750 $750 $0.00 0.00%per year Primary Residence STVR Permit - 5 Bedrooms or More $1,250 $1,250 $0.00 0.00%per year Primary Residence STVR Permit - Multi-Unit Lock-Off $750 $750 $0.00 0.00%per year [c] 3 General Short-Term Vacation Rental Permit [a] General STVR Permit - Less than 5 Bedrooms $1,000 $1,000 $0.00 0.00%per year General STVR Permit - 5 Bedrooms or More $1,250 $1,250 $0.00 0.00%per year General STVR Permit - Multi-Unit Lock-Off $1,000 $1,000 $0.00 0.00%per year [c] 4 General Short-Term Vacation Rental Permit (subject to annual mitigation fees) [a];[b] General STVR Permit - Less than 5 Bedrooms (subject to annual mitigation fees) $300 $300 $0.00 0.00%per year General STVR Permit - 5 Bedrooms or More (subject to annual mitigation fees) $550 $550 $0.00 0.00%per year General STVR Permit - Multi-Unit Lock-Off (subject to annual mitigation fees) $550 $550 $0.00 0.00%per year [c] 5 Technology Enhancement Fee (per permit percent of permit fee) 5%5% [a] If special inspection is required, amount will be billed hourly in half-hour increments using the billing rate of the department providing the services. [b] A residential dwelling within a residential project subject to a mitigation fee, paid annually to the city to offset revenue losses caused by the development of the residential project, pursuant to a development agreement with the city, or pursuant to a condition of approval(s) attached to any entitlement approved by the city (including but not limited to a specific plan, subdivision map, or site development permit), under which short-term vacation rentals are a permitted use. [c] The permit fees adopted for "5 Bedrooms or More" STVR permit subtypes within each STVR permit category shall apply to all "Multi-Unit" STVR permit subtypes for residential dwellings with 5 bedrooms or more. 27 385 City of La Quinta User and Regulatory Fee Study Medical Cannabis Delivery Application Fees Working Version of the Master Fee Schedule Fee Description Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Unit Notes Medical Cannabis Delivery Services Application 1 Medical Cannabis Delivery Service Application a) Delivery Service Application - New $555 80%$697 100%$142 25.57%per year b) Delivery Service Application - Renewal $555 80%$697 100%$142 25.57%per year Technology Enhancement Fee 2 Technology Enhancement Fee (percent of permit fee) 5%5% 28 386 City of La Quinta User and Regulatory Fee Study False Alarm Response Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note False Alarm Response 1 Police False Alarm Response [a] a) 1st False Alarm Response each No Charge 0%No Charge 0%$0 0% b) 2nd False Alarm Response each No Charge 0%No Charge 0%$0 0% c) 3rd False Alarm Response each $71 34%$100 48%$29 41% d) 4th False Alarm Response each $124 60%$175 84%$51 41% e) 5th and Each Additional False Alarm Response each $142 68%$200 96%$58 41% 2 Fire False Alarm Response [a] a) 1st False Alarm Response each No Charge 0%No Charge 0%$0 0% b) 2nd False Alarm Response each No Charge 0%No Charge 0%$0 0% c) 3rd False Alarm Response each $71 8%$100 12%$29 41% d) 4th False Alarm Response each $326 38%$400 47%$74 23% e) 5th and Each Additional False Alarm Response each $717 84%$800 94%$83 12% [a] Based on number of false alarms in a 365 day period. 29 387 City of La Quinta User and Regulatory Fee Study Vehicle Impound Cost Recovery Fee (VICR) Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change 1 Vehicle Impound Cost Recovery each $270 84%$300 93%$30 11% 30 388 City of La Quinta User and Regulatory Fee Study Code Compliance Cost Recovery Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note 1 Code Compliance Hourly Rates a) Code Compliance Hourly Rate per hour $140 84%$166 100%$26 18%[a],[b] b) Code Compliance Hourly Rate - For Outside Agency Reimbursement Request per hour $129 78%$120 72%($9)-7%[c] 2 Pool Drain Permit $27 a) First and Second Inspection $27 20%$0 0% b) Third Inspection $27 20%$0 0% 3 Home Occupation Permit a) Permit per permit $119 61%$194 100%$75 63% b) Address Change per permit $59 71%$83 100%$24 41% 4 Estate Home Inspection $194 100% [a] Hourly rate for Code Compliance inspections required or requested for which no other fees are listed, requests for special event support, etc. [b] Hourly rate for Code Compliance staff per hour for time expended after 30 days. [c] Hourly rate for outside agency reimbursement request is a reduced rate because the City may request direct reimbursement of various fleet and technology related costs. 31 389 City of La Quinta User and Regulatory Fee Study Film / Photography Permit Fees Working Version of the Master Fee Schedule Fee Description Unit Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note Film/Photography Permit 1 Cast and Crew Totaling One to Three Persons: a) Permit Issuance Fee i) Private Property per permit $105 84%$125 100%$20 19% ii) Private Property with Staging in Public Right of Way per permit $140 84%$166 100%$26 19% iii) Public Property per permit $140 84%$166 100%$26 19% b) Location Use Fee i) Private Property per day $0 n/a $0 n/a ii) Private Property with Staging in Public Right of Way per day $119 n/a $125 n/a [a] iii) Public Property per day $178 n/a $200 n/a [a];[b] 2 Cast and Crew Totaling Four or More Persons: a) Permit Issuance Fee i) Private Property per permit $245 84%$291 100%$46 19% ii) Private Property with Staging in Public Right of Way per permit $385 84%$457 100%$72 19% iii) Public Property per permit $455 84%$540 100%$85 19% b) Location Use Fee i) Private Property per day $0 n/a $0 n/a ii) Private Property with Staging in Public Right of Way per day $296 n/a $300 n/a [a] iii) Public Property per day $593 n/a $600 n/a [a];[b] Other Fees, If Applicable 3 Pre-Application Meeting (upon request)per meeting $280 84%$332 100% 4 City Film Monitor (as needed)per hour $140 84%$166 100% 5 Violations: a) Filming/Photography without a Permit 2 times applicable fees n/a 2 times applicable fees n/a b) Violation of Permit per violation, per day $415 83%$498 100% Note: The City Manager may waive fees for bona fide student film/photography projects and projects with 501(c)(3) Federal Income Tax Status; however, the permitting process for filming/photography is still required for these projects. [a] Proposed fee is a market-based rate for exclusive private use of public space/facilities. [b] Does not include any applicable facility rental fees that may apply. 32 390 City of La Quinta User and Regulatory Fee Study Bingo Permit Fee Working Version of the Master Fee Schedule Fee Description Unit Current Fee Proposed Fee Fee Change Percent Change Note 1 Bingo Permit a) Initial per permit $50 $50 $0 0% b) Renewal per permit $50 $50 $0 0% 33 391 City of La Quinta User and Regulatory Fee Study Administrative Fees Working Version of the Master Fee Schedule Fee Description Current Fee *Proposed Fee * Fee Change Percent Change Unit Notes 1 Black and White Copy - up to 8.5 x 14 $0.15 $0.15 $0.00 0%per single-sided page 2 Black and White Copy - 11 x 17 $0.20 $0.20 $0.00 0%per single-sided page 3 Color Copy - up to 8.5 x 14 $0.25 $0.25 $0.00 0%per single-sided page 4 Color Copy - 11 x 17 $0.50 $0.50 $0.00 0%per single-sided page 5 Oversized Sheets (Plans/Maps)$3.00 $3.00 $0.00 0%per sheet [a] 6 CD/DVD/Flash Drive $5.00 $5.00 $0.00 0%per CD or DVD per unit 7 Agency Credit Card / E-Check Service Fee a) Credit Card pass-through pass-through % of fees paid [b] b) E-Check pass-through pass-through % of fees paid [c] 8 Processing Fee for Receipt of Non-Sufficient Funds a) First from Payee $25.00 $25.00 $0.00 0%per occurence [d] b) Each Subsequent from Payee $35.00 $35.00 $0.00 0%per occurence [d] [a] If more than two sheets are requested, the City will typically process the request using an outside vendor service. [d] Set by State (Civil Code Section 1719). [c] Pass-through for payments processed using Tyler InterGov is currently $1.95. Pass-through for payments processed using GovOS Pay is currently $1.00. Pass-through for payments processed using RecTrak is currently $1.00. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts. * In addition to the fees identified in this schedule, the City will pass-through to the applicant any fees imposed by other agencies and any discrete costs incurred from the use of outside service providers required to process the specific request for information/service. * In addition to the fees identified in this schedule, if a request for electronic records either (1) is for a record normally issued only periodically, or (2) requires data compilation, extraction, or programming, costs will include the cost of producing the copy, including construction, programming and computer services. [b] Pass-through for payments processed using Tyler InterGov is currently 3.75% with a $2.50 minimum. Pass-through for payments processed using GovOS Pay is currently 3% with a $0.50 minimum. Passthrough for payments processed using RecTrak is currently 2.95%. Pass-through for payments processed using ERP Pro 10 (Tyler Incode) is currently 3%. If the City uses alternative processors, or processing fees for existing vendors change, the City will pass-through updated amounts. 34 392 City of La Quinta User and Regulatory Fee Study Appeal Fees Working Version of the Master Fee Schedule Fee Description Current Fee Current Cost Recovery Proposed Fee Proposed Cost Recovery Fee Change Percent Change Note 1 Appeal to Hearing Officer of Administrative Citation 25$ 5%25$ 5%$0 0%[a] 2 Appeal of an Administrative Decision to City Manager 250$ 63%250$ 63%$0 0%[a] 3 Appeal to Construction Board of Appeals 1,500$ 63%1,500$ 63%$0 0%[a] 4 Appeal to Planning Commission 1,500$ 63%1,500$ 63%$0 0%[a] 5 Appeal to City Council 1,500$ 63%1,500$ 63%$0 0%[a] [a] Depending on the subject of the appeal, specialized expertise may be solicited, at the expense of the applicant, for the purpose of providing input to the City Manager, Construction Board of Appeals, Planning Commission or City Council. 35 393 Current Fees Proposed Fees Fee Description Class I (per season) Class II Class III Class IV Class I (per season) Class II Class III Class IV Change Notes SPORTS FACILITIES 1 Sports Complex Baseball Diamonds/ Football Field or La Quinta Park Baseball Diamonds (with or without field lights) $10 per resident/ $15 per non- resident $25/hour (per field) N/A N/A $10 per resident/ $15 per non- resident $25/hour (per field) N/A N/A 0.00% 2 La Quinta Park or Colonel Mitchell Paige Soccer Fields (with or without field lights) $10 per resident/ $15 per non- resident $25/hour (per field) N/A N/A $10 per resident/ $15 per non- resident $25/hour (per field) N/A N/A 0.00% 3 Sports Complex, La Quinta Park, and Colonel Mitchell Paige Sports Fields (per field) N/A N/A $25/hour ($40/hour with lights) $35/hour ($55/hour with lights) N/A N/A $25/hour ($40/hour with lights) $35/hour ($55/hour with lights) 0.00% 4 Sports Complex or La Quinta Park Snack Bar Use $200.00 N/A N/A N/A $200.00 N/A N/A N/A 0.00% 5 La Quinta Boys & Girls Club Gymnasium N/A $25/hour $35/hour $45/hour N/A $25/hour $35/hour $45/hour 0.00% 6 Tennis Courts/Pickleball Courts (per court)N/A $5/hour $5/hour $10/hour N/A $5/hour $5/hour $10/hour 0.00% 7 SRR Golf Course Resident Card (for 3 year period)$150 PARKS 8 Civic Center Campus, Gazebo, Amphitheater (Up to 50 people max; TUP may be required or less) N/A $75/hour $125/hour $175/hour N/A $75/hour $125/hour $175/hour 0.00% 9 Civic Center Campus (Non-profit event with 100+ people or more; TUP required) N/A $150/hour N/A N/A N/A $150/hour N/A N/A 0.00% 10 Cove Oasis Trailhead (Up to 50 people max; TUP may be required or less) N/A $75/hour $125/hour $175/hour N/A $75/hour $125/hour $175/hour 0.00% 11 Fritz Burns or La Quinta Park Party (Up to 50 people max; TUP may be required 50 people or less) N/A $50 (4 hours)$65 (4 hours)$90 (4 hours)N/A $50 (4 hours)$65 (4 hours)$90 (4 hours)0.00% 12 Fritz Burns or La Quinta Park (Non-profit event with 100+ people 100 people or more; TUP required) N/A $100.00 N/A N/A N/A $100.00 N/A N/A 0.00% BUILDINGS 13 Wellness Center Multi-Purpose Room (max capacity is 200)$55/hour $75/hour $125/hour $175/hour $55/hour $75/hour $125/hour $175/hour 0.00% 14 Museum Meeting Room (Meetings only; max capacity is 65)N/A $50/hour $50/hour $50/hour N/A $50/hour $50/hour $50/hour 0.00% 15 Museum Meeting Room & Courtyard (max capacity is 150)N/A $75/hour $125/hour $175/hour N/A $75/hour $125/hour $175/hour 0.00% 15 Museum Meeting Room, Courtyard, & Upstairs Patio (max capacity is 175) N/A $100/hour $150/hour $200/hour 16 Library Community Room (Small events/meetings with 60 people or less) N/A $50/hour $50/hour $50/hour 17 Library Classroom (Meetings only; max capacity is 60)N/A $50/hour $50/hour $50/hour 16 Wellness Center, Library Community Room, and Museum Kitchen $10/hour $20/hour $25/hour $30/hour $10/hour $20/hour $25/hour $30/hour 0.00% City of La Quinta Master Fee Schedule Schedule of Facility Use Fees 36 394 City of La Quinta Master Fee Schedule Current Fees Proposed Fees Fee Schange Notes 17 Wellness Center Multi-Purpose Room Museum Meeting Room & Courtyard Museum Meeting Room & Courtyard w/Upstairs Patio $500.00 $500.00 0.00% 18 La Quinta Park & Sports Complex snack bars $350.00 $350.00 0.00% 19 Civic Center Campus (Non-profit events with 100 people or more) $200.00 $200.00 0.00% 20 Museum Meeting Room Library Community Room Fritz Burns Tennis Courts (per court) Fritz Burns or La Quinta Park (Non-profit events w/ 100+ people) $100.00 $100.00 0.00% 21 Fritz Burns or La Quinta Park Party $50.00 $50.00 0.00% CLASSIFICATIONS Class I: 501(c) 3 recreation organizations serving LQ youth (18 and under) Class II: LQ non-profit organizations, community-based organizations, competitive youth sports leagues (DSUSD - Sports Complex Use Only) Class III: LQ residents (DSUSD - for all other facilities other than the Sports Complex) Class IV: LQ business and profit organizations; non-city residents, organizations, and businesses Library Classroom Cove Oasis Trailhead Civic Center Campus, Gazebo, Amphitheater (50 people or less) Library Classroom Cove Oasis Trailhead Civic Center Campus, Gazebo, Amphitheater (50 people or less) SECURITY DEPOSITS (Refundable upon post conditions after use) Sports Fields Boys & Girls Club Gym Sports Fields Boys & Girls Club Gym 37 395 Fee Description Fee Change Notes SILVERROCK EVENT SITE (4-Hour Minimum Rental) 1 Permit Processing Fee (per application)0.00% 2 Facility Rental Fee (per hour)0.00% 3 Security Deposit a) One Day Event 0.00% b) Event Lasting Two or More Days 0.00% Fee Description Class II Class III Class IV Security Deposit Class II Class III Class IV Security Deposit Fee Change Notes 1 SilverRock - 50 people or less Up to 50 people max; TUP may be required $75/hour $125/hour $175/hour $100 $75/hour $125/hour $175/hour $100 0.00% 2 SilverRock - Non-profit events with 100+ people or more; TUP required $150/hour N/A N/A $200 $150/hour N/A N/A $200 0.00% 3 SilverRock Meeting Room $50/hour $50/hour $50/hour $100 $50/hour $50/hour $50/hour $100 0.00% CLASSIFICATION Non-Profit: 501(c)3 tax organization. Class II: LQ non-profit organizations, community-based organizations Class III: LQ residents (DSUSD - for all other facilities other than the Sports Complex) Class IV: LQ business and profit organizations; non-city residents, organizations, and businesses Current Fee Proposed Fees $500 $500 $500 $500 $1,000 $1,000 $1,000 $1,000 Partial Park Area Rental $272 $272 $272 $272 $128 $128 $128 $128 Non-Profit All Others Non-Profit All Others City of La Quinta Master Fee Schedule Schedule of SilverRock Event Site Facility Rental Fees Entire Park Area Rental Current Fee Proposed Fees 38 396 Fee Description Current Fee Proposed Fee Change Notes Parking Lot / Open Space Use Fees [a];[b] 1 Daily Use Rate Per Space a) Per Hour Rate $1.75 $2.00 [c] b) Maximum Per Day $14 $16 2 Daily Use Rate Per Area a) Per Quarter Acre i) Hourly Rate $55 $63 [c] ii) Maximum Per Day $440 $504 b) Per Acre i) Hourly Rate $219 $250 [c] ii) Maximum Per Day $1,752 $2,000 [a] Public property use rental is facilitated by obtaining the relevant use permit approval from the Community Services, Design and Development, and Public Safety Departments Planning Division. [c] Four-hour minimum. [b] As part of permit review and review of potential impacts on the community and facilities, staff will determine if there is a need for a security deposit. Security deposit amount will be determined based on use requirements and will be refundable assuming conditions of rental/use are met. City of La Quinta Master Fee Schedule Use of Public Property - Parking Lots and Open Space CPI increase rounded to nearest $0.25 per space ↓ 39 397 ATTACHMENT 2 398 CONTENTS REPORTING 1 TRANSMITTAL 2 EXECUTIVE SUMMARY 5 PROJECT ORIENTATION 9 IMPLEMENTATION APPENDI X I COST OF SERVICE ANALYSIS 399 400 C LEARSOURCE REPORT TO THE C ITY OF L A QUINTA | 2 E XECUTIVE SUMMARY S TUDY OVERVIEW The City of La Quinta has completed a User and Regulatory Fee Study. California cities regularly conduct these studies to justify fee amounts imposed and to optimize the overall portfolio of revenues available to the municipality to fund its services. Industry practice and fiscal conditions in the state have led most cities to link cost recovery for services of individual action, cause, or benefit to that same individual through user fee revenue, relieving the agency’s general revenues as much as possible for use toward services of broader community benefit. U SER AND REGULATORY FEES Cities derive annual revenue from a number of sources. These include, but are not limited to, property taxes, sales taxes, license fees, franchise fees, fines, rents, and user and regulatory fees. U ser and regulatory fees are intended to cover all, or a portion of, the costs incurred by the City for providing fee-related services and activities that are not otherwise provided to those not paying the fee . California law provides guidance regarding the amounts the City may charge for fee-related services and activities. Specifically, in order to avoid being considered taxes, the f ees charged shall not exceed the estimated reasonable cost of providing the services , activities, or materials for which fees are charged. At its conclusion, this study proposes for City Council review and consideration at public hearing a new S chedule of User and Regulatory Fees for application in Fiscal Year 2025-2026 and continued update in subsequent years. C OST RECOVERY POLICY AND PRACTICE Recovering the costs of providing fee-related services directly influences the City’s fiscal health and increases the City’s ability to meet the service level expectations of fee payers. The services for which the City imposes a user or regulatory fee typically derive from an individual person or entity’s action, request, or behavior. Therefore, except in cases where there is an overwhelming public benefit generated by the City’s involvement in the individual action, a fee for service ensures that the individual bears most, if not all, of the cost incurred by the City to provide that service . When a fee targets “100% or full cost recovery,” the individual is bearing the entirety of the cost. When a fee targets less than full cost recovery, another City revenue source – in most cases, the General Fund – subsidizes the individualized activity. Generally, f ees for service are targeted to full cost recovery, inclusive of operating, direct, indirect, and capital costs, except in cases where the City Council cites a public interest in lower fees . The City may also be influenced by market conditions, comparing to municipalities of similar size and service profile. 401 C LEARSOURCE REPORT TO THE C ITY OF L A QUINTA | 3 E XECUTIVE SUMMARY F INDINGS AND PROPOSED ACTION During the course of study, information and analysis was generated and is discussed substantively throughout this report and its technical appendices. However, summarized in the following table by broad fee category and highlighted in the subsequent findings statements, are outcomes and proposals of particular interest to City leaders and policymakers. PRIMARY OUTCOMES Development Fees The City currently uses a uniform hourly rate to set all development related fees. The uniform rate is tied to the Building Division’s calculated rate of $199 per hour. The existing rate is $191. This means that the majority of fees are proposed to increase by 4% (the difference between $191 and $199). The chart below illustrates the relationship between the various disciplines and the uniform hourly rate. Functional Unit Current Hourly Rate Used for Fee Setting Fully-Burdened Hourly Rate Calculated in Fee Study Target Hourly Rate Using Historical Pattern Building $191 $199 $199 Public Works $191 $203 $199 Planning $191 $206 $199 In addition to the change in the hourly rate, service time estimates were reviewed to ensure time estimates correlate to the services provided (i.e. more intensive services require more service time than less intensive services). Based on this analysis, adjustments to several fee categories are proposed to enhance the nexus between service provided and fees collected. Fiscal Impact Based on historical revenues and permit volume, the new fee schedule may generate an additional $60,000 in annual revenue. The following table summarizes the proposed updates to the fee schedule for the City’s primary fee- related service areas: 402 C LEARSOURCE REPORT TO THE C ITY OF L A QUINTA | 4 E XECUTIVE SUMMARY Fee Category Summary of Primary Proposed Changes 1 Building Fees 4% increase for most fees 2 Planning Fees 4% increase for most fees Remove references to deposit-based billing structure. Proposed schedule uses fixed fees for services, with ability to use time & materials deposits in instances where service level is anticipated to vary significantly from fee. 3 Public Works Fees 4% increase for most fees 4 Fire Fees 4% increase for most fees 5 STVR Permit Fees No changes proposed 6 Other Fees Minor changes to align fees to cost of service, State limits, and Council direction. Regional Fee Comparison Fees remain in line with similar fees collected by neighboring agencies in the region. Comparison information for other regional agencies is based on information contained in 2024 Residential Development Fee Study prepared by Desert Valleys Builders Association (DVBA). $6,520 $7,068 $8,315 $8,822 $9,093 $9,918 $10,199 $11,061 $11,240 $11,431 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 PALM DESERT INDIAN WELLS LA QUINTA INDIO LA QUINTA - PROPOSED COACHELLA CATHEDRAL CITY PALM SPRINGS DESERT HOT SPRINGS RANCHO MIRAGE 60 Unit Tract Home Development Source: FY 23/24 DVBA Development Svcs Fee Study 403 C LEARSOURCE REPORT TO THE C ITY OF L A QUINTA | 5 P ROJECT ORIENTATION S COPE OF STUDY The City of La Quinta has completed a U ser and Regulatory Fee Study , which represents an external review of prevailing practices and development of a new S chedule of User and Regulatory Fees . ClearSource Financial Consulting has prepared this analysis using FY 2024/25 organizational information and will be available to answer questions as the City proceeds in implementing findings as it chooses. Key tasks expected by the City from this study included the following: Review eligible fee-related services Citywide to establish the reasonable relationship between current fees for service and the underlying costs of service. Calculate the full cost of service, including estimated Citywide overhead costs. Recommend fees to be charged for each service. Recommend cost recovery strategies and best practices in setting fees, while considering the complexities and demands of responsible programs or departments. Identify underlying billable rates for cost recovery opportunities and as the basis for user fees. D IRECT SERVICES UNDER REVIEW F EE CATEGORIES Building – Services include but are not limited to building plan review, permitting, and inspection for construction and sub-trades. Planning – Services include but are not limited to review and approval of development applications or proposals for modification to existing structures or land uses. Public Works Engineering – Services include but are not limited to the City’s provision of site improvement plan checks and inspections, grading plan checks and inspections, and the issuance of encroachment permits. General Administrative Fees – Services include but are not limited to reproduction of City documents and service charges for payments made to the City by credit card. R EASON FOR STUDY Cities derive annual revenue from a number of sources. These include, but are not limited to, property taxes, sales taxes, franchise fees, fines, rents, and user and regulatory fees. User and regulatory fees are intended to cover all, or a portion of, the costs incurred by a City for providing fee-related services and activities that are not otherwise provided to those not paying the fee. California cities regularly conduct fee studies to justify fee amounts imposed and to optimize the overall body of revenues available to the municipality to fund its services. Widespread industry practice and fiscal conditions in the state have led most cities to link cost recovery for services of individual action, cause, or benefit to that individual through user fee revenue, relieving the agency’s general revenues for services of broader community benefit. 404 C LEARSOURCE REPORT TO THE C ITY OF L A QUINTA | 6 P ROJECT ORIENTATION P REVAILING GUIDANCE The objectives of this study, the methodology used to complete the study, and the formulation of outcomes and recommendations for future consideration were significantly influenced by Article 13C of the California Constitution and Section 66014 of the California Government Code. Article 13C states that the local government bears the burden of proving by a preponderance of the evidence that a levy, charge, or other exaction is not a tax, that the amount is no more than necessary to cover the reasonable costs of the governmental activity, and that the manner in which those costs are allocated to a payer bear a fair or reasonable relationship to the payer’s burdens on, or benefits received from, the governmental activity. Additionally, Article 13C identifies the following as items that are not defined as taxes: A charge imposed for a specific benefit conferred or privilege granted directly to the payer that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege. A charge imposed for a specific government service or product provided directly to the payer that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product. A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof. A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property. A fine, penalty, or other monetary charge imposed by the judicial branch of government or a local government, as a result of a violation of law. A charge imposed as a condition of property development. Assessments and property-related fees imposed in accordance with the provisions of Article XIII D. Section 66014(a) of the California Government Code includes the following, “Notwithstanding any other provision of law, when a local agency charges fees for zoning variances; zoning changes; use permits; building inspections; building permits; …the processing of maps under the provisions of the Subdivision Map Act…; or planning services…; those fees may not exceed the estimated reasonable cost of providing the service for which the fee is charged, unless a question regarding the amount of the fee charged in excess of the estimated reasonable cost of providing the services or materials is submitted to, and approved by, a popular vote of two-thirds of those electors voting on the issue. The outcomes and recommendations of the study are intended to comply with applicable federal, state, and local laws including providing confirmation that the proposed fees (“charges”) recommended as a result of this study are not taxes as defined in Article 13C of the California Constitution and that the proposed fees are no more than necessary to the cover the reasonable costs of the City’s activities and services addressed in the fees. Additionally, this report is intended to show that the manner in which the costs are allocated to a payer bear a fair and reasonable relationship to the payer’s burdens on, or benefits received from the activities and services provided by the City. 405 C LEARSOURCE REPORT TO THE C ITY OF L A QUINTA | 7 P ROJECT ORIENTATION M ETHODOLOGY AND DATA SOURCES This study calculated the estimated reasonable cost of providing various fee-related services across the City organization. Generally, the estimated reasonable cost of providing the fee-related services and activities examined in this study can be calculated as the product of the composite fully-burdened hourly labor rate of the division responsible for providing services and the estimated labor time required to process a typical request for service. The composite fully-burdened hourly rates calculated in this study are based on the estimated annual hours spent providing fee related services, and estimated labor, services and supplies, and Citywide overhead expenditures, sourced as follows: Labor expenditures for in-house personnel were based on budgeted salary and benefits expenditures. Contract service personnel and other services and supplies related costs were based on current industry market rates for service. Citywide overhead cost allocations were developed to assign a reasonable share of central service support to the City’s direct service units. Estimated labor time spent providing fee related services were developed based on interviews with City staff and are in-line with typical direct service ratios experienced by the consultant via studies of similar municipalities throughout California. Commonly used industry data also aided in the development of time estimates and proposed fee structures. Once cost of service levels are identified, the City may use this information to inform targeted cost recovery from fees. Fees set at the cost of service target full cost recovery. Fees set at any amount less than the cost of service target less than full cost recovery. An illustration of the methods used in this analysis is shown in E xhibit 1 . 406 C LEARSOURCE REPORT TO THE C ITY OF L A QUINTA | 8 P ROJECT ORIENTATION E XHIBIT 1 | STEPS IN ANALYZING COSTS OF SERVICE AND USER FEES 407 C LEARSOURCE REPORT TO THE C ITY OF L A QUINTA | 9 I MPLEMENTATION C ONSIDERATIONS FOR IMPLEMENTATION If the City decides to adopt or otherwise utilize outcomes generated through this study, it should: U pdate Systems for Fee Outcomes - Ensure that City staff begin using updated fees and associated outcomes once the updated schedule of fees becomes effective. Values should be included in all official fee schedules used throughout the City (e.g., departmental pamphlets, counter schedules, and online information). Additionally, ensure collections processes are updated, which may include coding in billing systems and training for personnel who handle fees directly with the public. A ctively Monitor the Use of Fees - In order to recover accurate and eligible amounts expected, the City should be diligent about tracking time to projects for time and materials billings and ensuring fees are applied in the correct amount and using the correct and intended basis for fixed fee billings. M onitor Feedback and Permit Statistics - Monitor permit and application volume and applicant feedback to determine if fee modifications are resulting in any unanticipated changes in project frequency and to increase the level of detail available for revenue forecasting. A nnually Review and Adjust Fee Values - In order to generally maintain pace with regional cost inflation and/or the City's salary cost inflation, the City should adjust its fees on an annual basis. A commonly used, reasonable inflation index is the annual change in the all-urban Consumer Price Index (CPI) representative of the region. P eriodically Perform Comprehensive Analysis - A comprehensive fee study should be conducted periodically (e.g., every three to five years) to ensure fee levels remain at or below legal limits and are consistent with evolving service practices and local conditions. 408 A PPENDIX I COST OF SERVICE ANALYSIS 409 ATTACHMENT 3 410 STVR QUARTERLY REPORT APRIL 1, 2025 - JUNE 30, 2025 THE STVR PROGRAM CONSISTS OF PERMITTING, LICENSING, TAX COLLECTION, AND COMPLIANCE MONITORING AND ENFORCEMENT PERMITTING The City Clerk's Office issues all new and renewed STVR permits and related business licenses, handles Transient Occupancy Tax (TOT) collections, and assists STVR property owners with keeping their property in compliance with the STVR program. Number of STVR Permits: June 2025 - Total STVR Permits: 1,237 61 45 1131 Homeshares Primary Residence General Permits 0 500 1000 Figure 1 (Estate Permits: 70) Table 1 Section 3.25.055 of the La Quinta Municipal Code imposes a permanent ban on issuing new STVR permits in General and Primary permit categories. STVR permits in these categories can only be issued to properties located in Exempt areas. Effective January 4, 2024, STVR Homeshare permits were exempted from the permanent ban. STVR zones are depicted in Attachment 1. Active STVR Permits by Area - 2021, 2022, 2023, 2024, & 2025 Q-2: Enclosed at the end of this report as Attachment 2 is a list of Active STVR Permits categorized by development. DEPARTMENTAL REPORT ITEM NO. 3 411 2024 & Q-1 & Q-2 2025 STVR Complaints Citywide by Area 10 48 13 3 2 22 18 30 1 1 4 10 28 23 6 12 9 9 21 46 2 7 4 22 11 6 34 1 2 8 North LQ Mid LQ Cove South LQ (PGA West)Exempt Areas 0 20 40 60 80 100 120 140 160 Q-1 2024 Q-2 2024 Q-3 2024 Q-4 2024 Q-1 2025 Q-2 2025 COMPLIANCE The Code Compliance Department handles all compliance related matters for the STVR program, which includes managing complaints, conducting investigations, and taking enforcement actions, such as issuing notices of violations, administrative citations, and STVR permit suspensions.Complaints: 21 71 24 56 88 153 Figure 2 Figure 2 above shows the complaints received citywide for each Area in 2024 and Q-1 and Q-2 of 2025. The STVR program features a 24/7 STVR Hotline available to residents to call and report complaints or potential issues regarding STVR properties. These calls are answered by City staff or the call center vendor (see Picture-Chart included as Attachment 3), and each call is directed accordingly to a Code Enforcement Officer or the Local Contact on file for the STVR property. Calls can be reported anonymously. 24/7 STVR Hotline: (760) 777-7157 412 Figure 4 Complaints: January - June 2025 Permitted vs. Unpermitted 1 2 5 13 9 9 2 3 8 35 0 5 Permitted Unpermitted JAN-25 FEB-25 MAR-25 APR-25 MAY-25 JUN-25 0 10 20 30 Figure 3 Figure 3 shows that 58% of complaints received for the first half of 2025 were for unpermitted STVR properties. YOY Quarterly Complaints: 2022 - 2025 71 129 56 30 81 141 47 54 88 153 56 2421 71 2022 2023 2024 2025 Q-1 Q-2 Q-3 Q-4 0 50 100 150 Figure 4 shows the number of complaints received for Q-2 of 2022, 2023, and 2024 were generally consistent, and Q-2 of 2025 is significantly lower than the previous 3 years. 413 Citations: 2024 & 2025 Q-1 & Q-2 STVR Citations: Permitted vs. Unpermitted 3 10 3 1 1 6 10 22 5 3 11 Permitted Citations Unpermitted Citations Q-1 2024 Q-2 2024 Q-3 2024 Q-4 2024 Q-1 2025 Q-2 2025 0 10 20 30 2024 & 2025 Q-1 STVR Citations: Administrative vs. Disturbance 11 22 5 3 16 2 10 3 1 1 1 Administrative Citations Disturbance Citations Q-1 2024 Q-2 2024 Q-3 2024 Q-4 2024 Q-1 2025 Q-2 2025 0 10 20 30 Figure 5 Figure 6 Disturbance - the majority of disturbance compliance activities are due to noise, generally caused by large events or gatherings, children running/screaming/laughing, popping balloons, construction, slamming doors, etc. Other complaints include excessive parking, bright lights, trash, unsecured pool access, unmaintained yard, etc. Administrative - the overwhelming majority of administrative compliance matters are related to operating/advertising without an STVR permit or business license, or failure to display the STVR permit number on listings. Others include incorrect or missing occupancy limit advertised on listings, failure to report/remit transient occupancy tax, etc. Figure 6 shows the vast majority of citations in 2024 and 2025 Q-2 were issued for administrative matters, primarily for operating and/or advertising without an STVR permit: -94% in 2025 Q-2 - 70% in 2024 Figure 5 shows the majority of citations in 2024 and 2025 Q-2 were issued to unpermitted properties: - 65% in 2025 Q-2 - 69% in 2024 414 TAXES, FEES & STVR PROGRAM COSTS The STVR program collects Transient Occupancy Tax (TOT), fees for citations and inspections, and all program operating costs such as STVR permit and business licensing fees. Table 2 *Citation Fine Collections are current as of July 29, 2025 Table 2 below provides an overview of the annual STVR program revenues for calendar years 2020, 2021, 2022, 2023, and 2025 Q-1 & Q-2. STVR Annual Revenue Summary: 2020 - 2024 & 2025 Q-1 & Q-2 TOT is a 10% tax due to the City each month on all STVR stays of 30-days or less. Permit and licensing fees and fine collections covered STVR program operational costs in 2021, 2022, and 2023. These fee and fine collections nearly covered program costs in 2024, and are expected to continue this trend in 2025. TOT collections remained steady over the last 4 calendar years (2021 - 2024), and remain on track for 2025. 415 --CALIFORNIA -- FRED WARING DR 48TH AVE J 50TH AVE "' ;Q r'5 0 "' 0 z UJ :;;: � 3: "' "' 0 UJ I z <l'. <l'. LU 0 l/l 0 tiJ z z LU UJ � � CALLE TECATE February 2025 STVRAREAS t;; z 0 LU u.. u.. ----� t;; Map ID 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 50 52ND AVE 58TH AVE STVR Exempt Areas Development Name Exemption Homewood Suites La Quinta Desert Villas -Center Pointe Tourist Commercial District Legacy Villas Tourist Commercial District & Development Agreement La Quinta Resort including Spa & Tennis Villas Tourist Commercial District & Adjacent to TC District Embassy Suites (Casitas Las Rosas) Village Commercial SilverRock Resort I Talus Club at Coral Mountain Signature at PGA West (Haciendas) Puerta Azul Village Commercial District Village Commercial District Tourist Commercial District/ SilverRock Resort Specific Plan Development Agreement (Ordinance No. 613) Tourist Commercial District Entitlement Approval Southwest corner Avenue 62 & Madison St Tourist Commercial District -Undeveloped Northwest corner Avenue 64 & Madison St Tourist Commercial District -Undeveloped Polo Villas Residences Bravo Estates Merv Griffin Estate Travertine 51555 Madison Street 51215 Avenida Obregon 54TH AVE 14 :;: � 0 z 0 "' z 0 ".l m ".l AIRPORT BLV - Development Agreement (Ordinance No. 599) Development Agreement (Ordinance No. 620) Estates at Griffin Lake Specific Plan Development Agreement (Ordinance No. 617) Large Lot Qualified & Certified; Resolution No. 2024-011 Large Lot Qualified & Certified; Resolution No. 2024-012 D City Boundary •STVR Exempt Area STVR Exempt AreaCJ Large Lot Qualified & Certified City Areas •North La Quinta□Cove D Mid La Quinta D South La Quinta 0 Miles N 2 A ATTACHMENT 1 416 Acacia 9 The Cove 216 Bella Vista 9 Large Lot Qualified & Certified 1 Cactus Flower 8 Cove Total STVR Permits 217 Del Rey 3 Desert Pride 11 Indian Springs Neighborhood 5 Avenida La Fonda Neighborhood (Desert Club TR Unit 2) 2 La Quinta Del Oro (Not Gated)7 Calle Fortuna Neighborhood (Desert Club TR Unit 1)3 La Quinta Highlands 13 Desert Club Estates (Desert Club TR Unit 5)14 Marbella 5 Enclave 1 Monticello 10 Haciendas at La Quinta 1 Quinterra 2 Highland Palms Neighborhood 15 Rancho Ocotillo 3 Montero Estates (No HOA)1 Sonrisa 7 Large Lot Qualified & Certified 1 Topaz 10 Renaissance 1 Vista Grande 3 Sagebrush Neighborhood (Desert Club Manor TR 1)7 Westward Ho/Westward Shadows 1 Santa Rosa Cove 42 Westward Isle 1 Seasons at La Quinta (Residential)1 North La Quinta Total STVR Permits: 107 Mid La Quinta Total STVR Permits:89 Casitas Las Rosas 72 Homewood Suites (La Quinta Desert Villas)1 Legacy Villas 217 Estates at La Quinta 2 Merv Griffin Estate 1 La Quinta Fairways 4 PGA West:Signature 153 PGA West: Fairways 88 Polo Villas 18 PGA West: Res I 125 Puerta Azul 41 PGA West: Res II 56 Spa Villas at LQ Resort 10 Village at the Palms 4 Tennis Villas 32 South La Quinta Total STVR Permits: 279 Exempt Total STVR Permits 545 *This information is current as of June 30, 2025 and is updated on a quarterly basis Number of Permitted STVR Properties per Development 1,237 Active STVR Permits as of 06/30/2025* North La Quinta Cove Mid La Quinta Exempt South La Quinta ATTACHMENT 2 417 **SHERIFF MAY BE DISPATCHED AT ANY TIME DEPENDING ON THE CIRCUMSTANCES OF THE CALL *IF THE CODE OFFICER IS UNAVAILABLE OR UNABLE TO RETURN CALLS IMMEDIATELY, HOTLINE CALLS ARE FORWARDED TO THE HOTLINE VENDOR UNTIL THE CODE OFFICER BECOMES AVAILABLE CALL TO HOTLINE IS RECEIVED 24/7 STVR HOTLINE - (760) 777-7157 HOTLINE CALLS EXTENDED-BUSINESS HOURS: FRIDAY - SUNDAY: 6:00 PM - 2:00 AM (MONDAY) HOTLINE VENDOR ANSWERS CALL AND GATHERS COMPLAINT AND PROPERTY INFORMATION FROM CALLER CITY CONTRACTED SECURITY PATROL OFFICER IS DISPATCHED TO PROPERTY. DEPENDING ON SITUATION, LOCAL CONTACT MAY BE CALLED** ALL CALLS MADE TO THE 24/7 STVR HOTLINE ARE ROUTED ACCORDINGLY DEPENDING ON THE DAY/TIME OF THE CALL AS SHOWN BELOW HOTLINE CALLS BUSINESS-HOURS: MONDAY - FRIDAY: 8:00 AM - 4:30 PM OR SATURDAY: 8:30 AM - 4:30 PM CITY CODE OFFICER IS DISPATCHED TO PROPERTY. DEPENDING ON SITUATION, LOCAL CONTACT MAY BE CALLED** CITY CODE COMPLIANCE ANSWERS THE CALL AND GATHERS COMPLAINT AND PROPERTY INFORMATION FROM CALLER* HOTLINE VENDOR ANSWERS CALL AND GATHERS COMPLAINT AND PROPERTY INFORMATION FROM CALLER HOTLINE VENDOR CONTACTS LOCAL CONTACT ON FILE FOR STVR PROPERTY TO ADDRESS COMPLAINT OR SHERIFF'S DEPARTMENT IF NEEDED HOTLINE CALLS AFTER-HOURS: MONDAY - FRIDAY: 4:30 PM - 8:00 AM OR SUNDAY - MONDAY: 2:00 AM - 8:00 AM (MONDAY) CALL TO HOTLINE IS RECEIVED CALL TO HOTLINE IS RECEIVED ATTACHMENT 3 418 DEPARTMENTAL REPORT ITEM NO. 4 COMMUNITY SERVICESQUARTERLY REPORT Wellness Center, LQ Library, LQ Museum, and Creation Station April 1 – June 30, 2025 Community Programs & Social Services Wellness Center, FIND Food Bank Distribution, Fritz Burns Pool & Sports Wellness Center provided fitness and recreation programs to 14,412 participants/fitness members (13,072 fitness gym participants; and 1,340 program participants for SRR Resident Cards, Luncheons, Yoga Monday, Gentle Yoga, Pickleball, Tai Chi Yang, Deep Stretch, Pilates, Ballroom Dance, Nidra Meditation & Sound, Act II Workshop, Social Bridge, Monday Movies, Mah Jongg, Blackjack for Fun, Ukulele, Dominoes, Quilting for Good Times, and Walking Club). Social service offerings such as the Riverside County Cool/Warm Center, HICAP, Alzheimer’s Coachella Valley, Proctor Insurance, Read with Me, Bilhartz Insurance, DAP Health, and FIND Food Bank (FIND) Outreach were available to the public. Desert Recreation District (DRD) served 2,561 participants (1,465 for open/lap swim, youth swim lessons, Adaptive Swim lessons & Splash Play; Parent & Me lessons; Lifeguard Pre- Qualification; and Water Safety with Lenny the Landshark; 470 Water Aerobics; 529 Senior Splash; and 97 Dive-In Movie) at Fritz Burns Pool programs/classes. Youth sports programs had 17,585 total participants (players, spectators, coaches) for AYSO (soccer – 5,800), Friday Night Lights (flag football – 1,970), and La Quinta Youth Sports Association (baseball – 9,815). 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 273 participants at the La Quinta Boys & Girls Club Gym . In partnership wit h FIND, distributed 21,540 pounds of food (food packages/boxes of dry goods and produce) to 1,585 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. 419 La Quinta Library •Attendance: 28,100+ persons visited and participated in various programs; 71,000+ items were circulated; 6,000+ participated in various programs, meetings, and events. During this quarter there were 6,890 reference questions, 1,712 computer sessions, and 33,543 wireless sessions. •Events: Dia de los Ninos (all ages), IEHP Free Developmental Health Screenings (0-5 yrs.) , and Gatsby Night. •Programs: Baby/Toddler Storytimes; Sensory Hour, Teen Anime Café, Level Up LQ, Graphic Novel Club, Read the World, Pagemaster's Book Club, Page Turners Book Club, Chess Club, Culinary Kids and Lunch at the Library. Circulation/ Programs/ Events 420 La Quinta Library Día de Los Niños Cultural Fair The La Quinta Library held the annual Día de los Niños Cultural Fair on Saturday, April 19 with approximately 1,000+ people attending. The event included cultural booths, crafts, carnival style games, and performances. The goal at this event is to connect kids to the world of learning through books, stories, and program offerings at the library. 421 La Quinta Creation Station •Attendance: 1,280 people visited/participated in various programs/services. •Memberships: 30 new memberships; 138 active memberships. •Programs: MakerCraft (DIY Kaleidoscope; STAR WARS Day Edge-Lit Pendant) Summer Reading Adventure (SRA) Wk. 1 – Healing Potion Dice Roller; SRA Wk. 2 – Maker’s Guild: Tabletop Miniature Painting), Ozobots After School (Bowling Alley; Back-2-Basics), MakerSpace Camps (Sublimation Garden Apron; 3D Printing & Tinker CAD) and FAB-Tastic !: Crochet Club & Yarn Exchange; Fairy Wings; Maker’s, We Shrunk the Creation Station: Jumbo Crayons & Sewing Bobbins. •Social Media Reach: 731 Facebook Followers; 516 Facebook Likes; 1,024 Instagram Followers; 139 YouTube Subscribers; and 118 Threads. Makerspace Programs/Services/Memberships 422 La Quinta Museum •Attendance: 1,576 visitors/participants. •Exhibits: Her Side of the Story; Hearing the Ancestors; and Wish You Were Here •Events: Music at the Museum (Eevaan Trè; Highroad Band); Lectures (CTR’s Lithium & Power Project; Salton Sea Geothermal); SCRAP Gallery; and Field Trips (Benjamin Franklin Elementary and Indio ELD). •Programs: Good Books in the Gallery Book Club (Write For Your Life by Anna Quindlen and On Gold Mountain by Lisa See), Break with Huell, Genealogy Club, Sketchbook Journaling, STITCH, TED Talk Meet Up, and Mindful Art 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 423 Concerts in the Park @ SilverRock Park Community Events •The Tokens performed on Wednesday, May 7 from 7:00-9:00 p.m. and Live from Earth performed on Saturday, May 24 from 7:00-9:30 p.m. •Food truck provided by Birreria Dona Emma and Uncle D’s Smokehouse BBQ were available. Rhythm Tech Productions handled the audio and lighting for performers. •City staff provided waters, additional snacks, and giveaways to 500+ attendees for both concert events.424 Community Events Fly Over LQ Kite Experience @ SilverRock Park •The annual Fly Over LQ Kite Experience took place on Saturday, April 5 from 8:00-10:00 a.m. at SilverRock Park. •Participants were able to bring their own or make a kite on-site. City provided kite making kits and the Ophelia Girls were there to assist participants. City staff also provided giveaways of bubbles and City branded sunglasses. •Approximately 150+ persons participated in this event. 425 Community Events Easter Eggstravaganza @ La Quinta Park •The annual Easter Eggstravaganza Egg Hunt took place on Saturday, April 19 from 9:00- 11 :00 a.m. at La Quinta Park. •City provided 10,000 plastic Easter eggs that were placed in areas by age groups. There were 500 goodie bags available for participants containing, plastic eggs and toys. Cool Cactus Candies provided bags of cotton candy and confetti cookies and Kettle-Mitas provided popcorn. •Participants were able to play on inflatables, provided by Party Pals, including a slide, obstacle course, and a caterpillar maze, along with a horse race game. The Easter Bunny was also available for Instagram photos with a balloon backdrop provided by Balloon Casita. •Approximately 1,250+ persons participated in this event.426 Community Events Annual City Birthday Celebration & Civic Center Campus •The City of La Quinta’s annual Birthday Celebration took place on Saturday, April 26 from 9:00 a.m. – 12:00 p.m. at the Civic Center Campus. The City provided coloring books, branded water bottles, frisbees, and ceramic mugs. •Free food and treats were provided by La Quinta Rotary (hot dogs), Cone Zone (snow cones) and Churro Truck (churros). Party Pals provided their inflatable slides, rock climbing wall and trampoline jump. •Performances were provided by Doug Hassett, Dance, Play, Pretend, Beginning Ballet, Ballet Folklorico Retoños de Mexico, La Quinta Middle School renaissance, La Quinta High School Theater Troupe, La Quinta High School Choir, and Mariachi del Ayer. •Businesses that participated include Action Park Alliance (APA), Alliant Special Event Insurance, Arellano Associates, Atria Senior Living; Burrtec Waste and Recycling, CFLC Sheltering Palm Springs, Coachella Valley Mosquito and Vector Control District, CVWD, Desert Recreation District (DRD), Enchanted Memories, Family YMCA of the Desert, Friends of the Desert Mountains, La Quinta Boys & Girls Club, La Quinta Creation Station, La Quinta Fire Department, La Quinta Historical Society, La Quinta Library, La Quinta Museum, La Quinta Neighborhood Watch, La Quinta Rotary, Mobile Zoo of Southern California, Modern Woodmen, Old Town Artisan Studio, Palm Desert La Quinta Football/Cheer, Petsmart, Read with Me, Relief Foundation for Veterans, Renewal by Anderson, Riverside County Sheriff’s Department, Scouts BSA Troop 1701, SCRAP Gallery, US Army, Welbe Health, and 4Shay J Foundation. •Approximately 1,800+ persons participated in this event.427 La Quinta Library Annual City Birthday Celebration & Civic Center Campus 428 •Attendance: 2,297 residents and 2,028 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: 85 memberships sold this quarter (57 resident and 28 non-resident). Overall memberships sold to date is approximately 1,449 (1,134 resident and 530 non- resident). •Programs: Roller Skate Night; Spring Break Camp; Skate Camp; Friday Skate Night; BMX Beginner Lessons; BMX Night; Mini Saturday Skate Camp; Nixon Pro Team stopped by to skate; Quad Night; and BMX Meet Up. •Events: Go Skateboarding Day X Park Bike & Skate Programs/ Events/ Memberships 429 430 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 Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 ("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 Flock's Automated License Reader services, including software and hardware, as specified in the "Scope of Services" attached hereto as "Exhibit A" and incorporated herein by this reference (the "Services"). Notwithstanding any provisions in Exhibit A to the contrary, the terms and conditions in this Agreement excluding Exhibit A shall supersede, govern, and control in the event that there are any inconsistencies or direct or indirect conflicting provisions in Exhibit A, it being expressly understood and agreed by the Parties that Contracting Party has requested that it's form agreement be attached to this Agreement as Exhibit A. 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 231 hereunder. Contracting Party shall be responsible for all subcontractors' compliance with this Section. 1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered 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, -2- 232 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 Four Hundred and Fourteen Thousand Dollars ($414,000), during the term of the 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 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. -3- 233 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 April 15, 2025 and terminate on June 30, 2027 ("Initial Term"). This Agreement may be extended for one (1) additional year(s) upon mutual agreement by both parties ("Extended Term"), -4- 234 and executed in writing. The Initial Term and, if applicable the Extended Term, are defined to be the "Term" of the Agreement. 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) Flock Group Inc. 1170 Howell Mill Road NW, Ste 210 Alanta, GA 30318 ATTN: Legal (b) City of La Quinta 78495 Calle Tampico La Quinta, Ca 92253 ATTN: Public Safety Deputy Director 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 Martha Mendez, Public Safety Deputy 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, -5- 235 voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City's express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City. 4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision, or control of Contracting Party's employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System ("PERS") as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers' compensation laws regarding Contracting Party and Contracting Party's employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party's failure to promptly pay to City any reimbursement or indemnification arising under this Section. -6- 236 4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services. 4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City. 5. INSURANCE. 5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in "Exhibit E" (the "Insurance Requirements") which is incorporated herein by this reference and expressly made a part hereof. 5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to City along with all required endorsements. Certificate of Insurance and endorsements must be approved by City'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 -7- 237 thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed. 7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the "Books and Records"), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records. Such Books and Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Books and Records in the event any audit is required. In the event of dissolution of Contracting Party's business, custody of the Books and Records may be given to City, and access shall be provided by Contracting Party's successor in interest. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds Ten Thousand Dollars ($10,000.00), this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under this Agreement. 7.3 Ownership of Documents. All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents, and other materials plans, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium prepared or caused to be prepared by Contracting Party, its employees, subcontractors, and agents in the performance of this Agreement (the "Documents and Materials") shall be the property of City and shall be delivered to City upon request of the Contract Officer, or assigned designee, or upon the expiration or termination of this Agreement, and Contracting Party shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Documents and Materials hereunder. Any use, reuse or assignment of such completed Documents and Materials for other projects and/or use of uncompleted documents without specific written authorization by Contracting Party will be at City's sole risk and without liability to Contracting Party, and Contracting Party's guarantee and warranties shall not extend to such use, revise, or assignment. Contracting Party may retain copies of such Documents and Materials for its own use. Contracting Party shall have an unrestricted right to use the concepts embodied therein. All subcontractors shall provide for assignment to City of any Documents and Materials prepared by them, and in the event Contracting Party fails to secure such assignment, Contracting Party shall indemnify City for all damages resulting therefrom. -8- 238 7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change. The provisions of this clause shall survive the termination or expiration of this Agreement and shall thereafter remain in full force and effect. 7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7.6 Release of Documents. The Documents and Materials shall not be released publicly without the prior written approval of the Contract Officer, or assigned designee, or as required by law. Contracting Party shall not disclose to any other entity or person any information regarding the activities of City, except as required by law or as authorized by City. 7.7 Confidential or Personal Identifying Information. Contracting Party covenants that all City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussion notes, or other information, if any, developed or received by Contracting Party or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contracting Party to any person or entity without prior written authorization by City or unless required by law. City shall grant authorization for disclosure if required by any lawful administrative or legal proceeding, court order, or similar directive with the force of law. All City data, data lists, trade secrets, documents with personal identifying information, documents that are not public records, draft documents, discussions, or other information shall be returned to City upon the termination or expiration of this Agreement. Contracting Party's covenant under this section shall survive the termination or expiration of this Agreement. 8. ENFORCEMENT OF AGREEMENT. 8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising -9- 239 out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted. Compliance with the provisions of this Section shall be a condition precedent to termination of this Agreement for cause and to any legal action, and such compliance shall not be a waiver of any party's right to take legal action in the event that the dispute is not cured, provided that nothing herein shall limit City's right to terminate this Agreement without cause pursuant to this Article 8.0. During the period of time that Contracting Party is in default, City shall hold all invoices and shall, when the default is cured, proceed with payment on the invoices. In the alternative, City may, in its sole discretion, elect to pay some or all of the outstanding invoices during any period of default. 8.3 Retention of Funds. City may withhold from any monies payable to Contracting Party sufficient funds to compensate City for any losses, costs, liabilities, or damages it reasonably believes were suffered by City due to the default of Contracting Party in the performance of the Services required by this Agreement. 8.4 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. City's consent or approval of any act by Contracting Party requiring City's consent or approval shall not be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Contracting Party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 8.5 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 8.6 Legal Action. In addition to any other rights or remedies, either party may take legal action, at law or at equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. -10- 240 8.7 Omitted. 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. -11- 241 No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 9.3 Covenant against Discrimination. Contracting Party covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry in the performance of this Agreement. Contracting Party shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry. 10. MISCELLANEOUS PROVISIONS. 10.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty-eight (48) hours from the time of mailing if mailed as provided in this Section. To City: To Contracting Party: CITY OF LA QUINTA Attention: 78495 Calle Tampico La Quinta, California 92253 FLOCK GROUP INC. ATTN: Legal 1170 Howell Mill Road NW, Ste 210 Atlanta, GA 30318 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. -12- 242 10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. 10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. 10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties. 10.9 No Third -Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third -party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder. 10.10 Authority. The persons executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of 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] -13- 243 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. CITY OF LA QUINTA, CONTRACTING PARTY: a California Municipal Corporation JON McMILLEN, City Manager City of La Quinta, California Dated: By: Name: Title: ATTEST: By: Name: Title: MONIKA RADEVA, City Clerk City of La Quinta, California APPROVED AS TO FORM: WILLIAM H. IHRKE, City Attorney City of La Quinta, California -14- 244 Exhibit A Scope of Services Master Services Agreement ("MSA") This Master Services Agreement (this "MSA") is entered into by and between Flock Group Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 ("Flock") and the City of La Quinta and identified herein as the "Customer" (each a "Party," and together, the "Parties"). This MSA is effective (the "Effective Date") on the date of commencement of the Initial Term as set forth in Section 3.4 of the AGREEMENT FOR CONTRACT SERVICES ("Contract Services Agreement"), to which this MSA is attached as Exhibit A. Parties will sign an Order Form ("Order Form") which will describe the Flock Services to be performed and the period for performance, attached hereto as part of this Exhibit A. RECITALS WHEREAS, Flock offers a software and hardware situational awareness solution for automatic license plates, video and audio detection through Flock's technology platform (the "Flock Services"), and upon detection, the Flock Services are capable of capturing audio, video, image, and recording data and can provide notifications to Customer upon the instructions of Authorized End User(s) (as defined below) ("Notifications"); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications (where there is an investigative or bona fide lawful purpose), via the Flock Services; and WHEREAS, as described in the definition of Retention Period and this MSA, Flock deletes all Footage on a rolling thirty (30) day basis, and Customer is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and Exhibit A Page 1 of 21 Last revised summer 2017 245 NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross- referenced in this Section 1. 1.1 "Agreement" means the Contract Services Agreement, and "MSA" means (a) this Master Services Agreement (attached as Exhibit A to the Contract Services Agreement), (b) the order form to be provided (and also attached as part of this Exhibit A) ("Order Form"), and (c) any document incorporated by reference in section 11.4 that is not inconsistent with the Contract Services Agreement. 1.2 "Anonymized Data' means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly. 1.3 "Authorized End User(s)" means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this MSA. 1.4 "Customer Data" means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage. 1.5. "Customer Hardware" means the third -party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. 1.6 "Effective Date" has the meaning in the Preamble to this MSA (above). 1.7 "Embedded Software" means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware. 1.8 "Flock Hardware" means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Exhibit A Page 2 of 21 246 Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form. 1.9 "Flock IP" means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below). 1.10 "Flock Services" or "Services" means the provision of Flock's software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage. 1.11 "Footage" means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services. 1.12 "Integration Data" means any distribution of data from a Customer requested third party integration. 1.13"Installation Services" means the services provided by Flock for installation of Flock Services. 1.13.5 "MSA" has the meaning in Section 1.1 above. 1.14 "Permitted Purpose" means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law. 1.15 "Retention Period" means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices. 1.16 "Term" means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational. 1.17 "Web Interface" means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non -transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to Exhibit A Page 3 of 21 247 access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (" User ID"). Subject to the provisions in the next paragraph of this Section 2.1, Customer shall be responsible for all acts and omissions of Authorized End Users. Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this MSA and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage) which makes the Services available to Customer and Authorized End Users. In clarification of the preceding paragraph, Customer contracts for specified law enforcement, public safety, and peace officer services with the Riverside County Sheriff's Office ("Sheriff's Office"), which is under the jurisdiction of the County of Riverside ("Riverside County"), a political subdivision of the State of California. Pursuant to Section 2.1 of that certain Agreement for Law Enforcement Services, effective July 1, 2025 through June 30, 2027 ("Law Enforcement Agreement"), the Sheriff's Office is the exclusive provider of specified law enforcement, public safety, and peace officer services within the Customer's territorial boundary, and pursuant to Section 6.1 of the Law Enforcement Agreement, all persons employed by the Sheriff's Office are Riverside County employees. As such, and notwithstanding any provisions in the preceding paragraph to the contrary, any act or omission by an Authorized End User who is employed in the Sheriff's Office, which would constitute a breach of this MSA, shall be deemed a breach of this MSA by the Sheriff's Office and Riverside County pursuant to the Riverside County indemnification obligation to Customer under Section 8.2 of the Law Enforcement Agreement. Customer acknowledges and agrees that any enforcement of Riverside County's indemnification obligation under the Law Enforcement Agreement shall be the sole obligation of Customer. 2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, non- transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services. 2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts Exhibit A Page 4 of 21 248 to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on -site support and maintenance services in -person, via phone or by email at support@flocksafety.com (such services collectively referred to as "Support Services"). 2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock's products or services to its agencies, the competitive strength of, or market for, Flock's products or services, such platform or system's cost efficiency or performance, or (ii) to comply with applicable law. Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this MSA. 2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock's provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third -party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance ("Service Interruption"). Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer's direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term. 2.6 Service Suspension. Flock may temporarily suspend Customer's and any Authorized End User's access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer's or any Authorized End User's use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Exhibit A Page 5 of 21 249 Services through Customer's account ("Service Suspension"). Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension. 2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this MSA, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. 3. CUSTOMER OBLIGATIONS 3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this MSA, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer - issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this MSA. Customer shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as "Customer Obligations"). In clarification of the preceding paragraph, Customer contracts for law enforcement, public safety, and peace officer services with the Sheriff's Office, which is under the jurisdiction of Riverside County, a political subdivision of the State of California. Pursuant to Section 2.1 of the Exhibit A Page 6 of 21 250 Law Enforcement Agreement (effective July 1, 2025 through June 30, 2027), the Sheriff's Office is the exclusive provider of law enforcement, public safety, and peace officer services within the Customer's territorial boundary, and pursuant to Section 6.1 of the Law Enforcement Agreement, all persons employed by the Sheriff's Office are Riverside County employees. As such, and notwithstanding any provisions in the preceding paragraph to the contrary, Customer may identify Authorized End Users and User IDs for persons who are employed by Riverside County in the Sheriff's Office who are under contract with Customer to provide law enforcement, public safety, and peace officer services for the City of La Quinta, and Customer may transfer or share its account or password for use by any such law enforcement employees. 3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this MSA and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content. 4. DATA USE AND LICENSING 4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty -free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data. 4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer ("Customer Generated Data"). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer's intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty -free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data. Exhibit A Page 7 of 21 251 4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data non - identifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty -free right to use and distribute such Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data. 4.4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a third party to either distribute Integration Data or Customer Data (such third party, "Recipient"). Upon such request, Customer hereby grants to Flock a non-exclusive, non -transferable, royalty - free, perpetual license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/or Integration Data, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a period longer than Flock's standard retention period and hereby provides consent to such retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces ("APIs") is not included under this MSA. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties. 5. CONFIDENTIALITY; DISCLOSURES 5.1 Confidentiality. To the extent required by any applicable public records requests (including requests under the California Public Records Act, Government Code section 7920.000 et seq. ("PRA")), each Party (the "Receiving Party") understands that the other Party (the "Disclosing Party") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the Disclosing Party). Proprietary Information of Flock includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this MSA. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take Exhibit A Page 8 of 21 252 the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this MSA will prevent Customer for complying with disclosures of documents or information required pursuant to the PRA, nor prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order, but failure by the Receiving Party to give such prior notice or the Disclosing Party to receive such prior notice shall not be a default or breach under the Contract Services Agreement or this MSA. At the termination of this MSA, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the MSA. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret. 5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this MSA. Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock's sole discretion. Customer and Authorized End Users shall not: (i) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the Flock Services or any software provided hereunder, (ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iii) interfere or Exhibit A Page 9 of 21 253 attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (v) use the Flock Services for anything other than the Permitted Purpose; or (vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer's rights. There are no implied rights. 5.3 Disclosure of Footage. Flock or Customer may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock or Customer has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce the MSA, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock and/or Customer, and their respective users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Flock or Customer may store deleted Footage in order to comply with certain legal obligations, but such retained Footage will not be retrievable without a valid court order. 6. PAYMENT OF FEES 6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices pursuant to Exhibit B and Sections 2.1 and 2.2 of the Contract Services Agreement. 6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days' notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms. 6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock's net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and Exhibit A Page 10 of 21 254 shall pay Flock any additional amounts necessary to ensure that the net amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required. 7. TERM AND TERMINATION 7.1 Term. The Term shall be as set forth Section 3.4 of the Contract Services Agreement. 7.2 Termination. Termination of the Contract Services Agreement (which includes this MSA) prior to expiration of the Term shall be governed by Section 8.7 of the Contract Services Agreement. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, then, in addition to the termination provision ins Section 8.8 of the Contract Services Agreement, the non -breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period ("Cure Period"). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre -paid fees for Services not received due to such termination. 7.3 Survival. The following Sections in this MSA will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and 11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER 8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a "Defect"), Customer must notify Flock's technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock. Exhibit A Page 11 of 21 255 8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware. 8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock's reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER'S SOLE REMEDY, AND FLOCK'S SOLE LIABILITY, WITH RESPECT TO DEFECTS. FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRD -PARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED DISTRIBUTION IS AT CUSTOMER'S OWN RISK. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 8, THE SERVICES ARE PROVIDED "AS IS" AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6. 8.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock's business risk. Certificates of Insurance shall be provided. These insurance requirements are in addition to the provisions set forth in Sections 5.1 and 5.2 and Exhibit E of the Contract Services Agreement. Exhibit A Page 12 of 21 256 8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions. 9. LIMITATION OF LIABILITY; INDEMNITY 9.1 Limitation of Liability. SUBJECT TO FLOCK'S INSURANCE AND INDEMNIFICATION OBLIGATIONS UNDER THE CONTRACT SERVICES AGREEMENT, AND EXCEPT AS EXPRESSLY PROVIDED IN THE CONTRACT SERVICES AGREEMENT (WHICH INCLUDES EXHIBIT F), FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY ALLEGATIONS AND/OR ACTUAL DAMAGES (UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY) FOR: (A) ERROR OR INTERRUPTION OF USE OF FLOCK SERVICES THAT IS BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL; (B) LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR VIDEO/SURVEILLANCE FOOTAGE FROM FLOCK SERVICES THAT IS BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY SIMILAR TO THE FLOCK SERVICES WHEN FLOCK IS NOT IN DEFAULT OR BREACH OF THE AGREEMENT OR THESE SUPPLEMENTAL TERMS; (D) LOSS OF BUSINESS; (E) ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNRELATED TO FLOCK'S CONTRACTUAL OBLIGATIONS TO CUSTOMER; (F) FOR ANY MATTER BEYOND FLOCK'S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; (G) ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH AND NOT IN DEFAULT OR BREACH OF THE AGREEMENT OR THESE SUPPLEMENTAL TERMS; (H) CRIME PREVENTION; OR (I) FOR ANY AMOUNTS THAT, Exhibit A Page 13 of 21 257 TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, FOR WHICH FLOCK IS ADJUDICATED AND DETERMINED TO BE IN BREACH OF ITS CONTRACTUAL OBLIGATIONS, EXCEEDS TWO TIMES (2X) THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THE CONTRACT SERVICES AGREEMENT. IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION 11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS. 9.2 Responsibility. Each Party to this MSA shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this MSA. Each Party to this MSA shall be liable for the torts of its own officers, agents, or employees. 9.3 Flock Indemnity. Indemnification obligations are set forth in Section 6.1 and Exhibit F of the Contract Services Agreement. 10. INSTALLATION SERVICES AND OBLIGATIONS 10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this MSA, except as otherwise specifically set forth in this MSA. Except as otherwise expressly stated in this MSA, Customer is not permitted to remove, reposition, re -install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this MSA shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock's discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock's rights to any damages Flock may sustain as a result of Customer's default and Flock shall have the right to enforce any other legal remedy or right. Exhibit A Page 14 of 21 258 10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan ("Deployment Plan"). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer. 10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, re -positioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee- schedule). Customer will receive prior notice and has the right to confirm approval of or deny any such fees. 10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached to this MSA. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation. 10.5 Flock's Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this MSA, provided that Flock's use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock's obligations under this MSA. 11. MISCELLANEOUS 11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s). Exhibit A Page 15 of 21 259 11.2 Severability. If any provision of this MSA is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this MSA will otherwise remain in full force and effect. 11.3 Assignment. This MSA is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this MSA, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction. 11.4 Entire MSA. This MSA, together with the Contract Services Agreement and all other attached exhibits, Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall- fee-schedule), and any other attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this MSA. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer's purchase orders, authorizations or similar documents will alter the terms of this MSA, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this MSA, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. Customer agrees that Customer's purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature. 11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this MSA and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer. 11.6 Governing Law; Venue. This MSA shall be governed by the laws of the state in which the Customer is located, which is the State of California. The Parties hereto agree that venue would be proper in courts with applicable jurisdiction in Riverside County, California, which is where the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this MSA. Exhibit A Page 16 of 21 260 11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this MSA, upon Customer's prior written consent and the mutual execution by authorized representatives ("Special Terms"). To the extent that any terms of this MSA are inconsistent or conflict with the Special Terms, the Special Terms shall control. 11.8 Publicity. Upon prior written consent from Customer, Flock has the right to reference and use Customer's name and disclose the nature of the Services in business and development and marketing efforts. Nothing contained in this MSA shall be construed as conferring on any Party, any right to use the other Party's name as an endorsement of product/service. 11.9 Feedback. If Customer or Authorized End User provides suggestions for enhancement relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation ("FAR"), section 2.101, the Services, the Flock Hardware and Documentation are "commercial items" and according to the Department of Defense Federal Acquisition Regulation ("DFAR") section 252.2277014(a)(1) and are deemed to be "commercial computer software" and "commercial computer software documentation." Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system. Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this MSA and will be prohibited except to the extent expressly permitted by the terms of this MSA. 11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the MSA or interpreting the associated sections. Exhibit A Page 17 of 21 261 11.12 Authority. Each of the signers of the Contract Services Agreement represents that they understand this MSA and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date. 11.13 Conflict. In the event there is a conflict between this MSA and any applicable statement of work, or Customer purchase order, this MSA controls unless explicitly stated otherwise. 11.14 Notices. In addition to the noticing provisions in Sections 4.1, 4.2, and 10.1 of the Contract Services Agreement that may be used, notices will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form. 11.15 Non -Appropriation. Notwithstanding any other provision of this MSA and the Contract Services Agreement, all obligations of the Customer which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate the Contract Services Agreement (which includes this MSA) for non -appropriation, without penalty or other cost, after delivering to Flock written notice thereof pursuant Section 8.7 of the Contract Services Agreement. Exhibit A Page 18 of 21 262 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, Exhibit A Page 19 of 21 263 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. Omitted. 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 Exhibit A Page 20 of 21 264 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. Omitted. Exhibit A Page 21 of 21 265 Exhibit B Schedule of Compensation With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Four Hundred and Fourteen Thousand Dollars ($414,000) ("Contract Sum"). The Contract Sum shall be paid to Contracting Party in installment payments made on an annual 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. Exhibit B Page 1 of 1 266 Flock Safety + CA -City of La Quinta Flock Group Inc. 1170 Howell Mill Rd, Suite 210 Atlanta, GA 30318 MAIN CONTACT: Tonia Crump tonia@flocksafety.com 4049329942 Created Date: 04/04/2025 Expiration Date: 05/04/2025 Quote Number: Q-134253 PO Number: frock safety f ock safety Quote This document is for informational purposes only. Pricing is subject to change. Bill To: 78495 Calle Tampico La Quinta, California 92253 Ship To: 78495 Calle Tampico La Quinta, California 92253 Billing Company Name: Billing Contact Name: Billing Email Address: Billing Phone: CA -City of La Quinta Hardware and Software Products Annual recurring amounts over subscription term Flock Safety Platform Flock Safety Flock OS FlockOS TM - s Subscription Term: 24 Months Renewal Term: Payment Terms: Net 30 Billing Frequency: Annual - First Year at Signing. Included 1 Flock Safety LPR Products Flock Safety LPR, fka Falcon Professional Services and One Time Purchases One Time Fees Included 69 $207,000.00 Included Included Quantity Total Subtotal Year 1: Annual Recurring Subtotal: Estimated Tax: Contract Total: $207,000.00 $207,000.00 $0.00 $414,000.00 Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This is not an invoice — this document is a non -binding proposal for informational purposes only. Pricing is subject to change. Product and Services Description One -Time F - : , ervice Descri • do • Installation on existing infrastructure One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. Professional Services - Standard Implementation Fee One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief. Professional Services - Advanced Implementation Fee One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. 268 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. Exhibit C Page 1 of 1 269 Exhibit D Special Requirements None Exhibit D Page 1 of 1 270 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. Exhibit E Page 1 of 6 271 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. Exhibit E Page 2 of 6 272 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 Exhibit E Page 3of6 273 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 Exhibit E Page4of6 274 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 Exhibit E Page 5of6 275 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. Exhibit E Page6of6 276 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. Exhibit F Page 1 of 2 277 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. Exhibit F Page 2of2 278 ATTACHMENT 2 Riverside County Sheriff's Department Chad Bianco, Sheriff -Coroner Thermal Station 86625 Airport Boulevard • Thermal • California • 92274 www.riversidesheriff.org June 19, 2025 La Quinta City Council 78495 Calle Tampico La Quinta, Ca. 92253 Re: Automatic License Plate Readers — Flock Safety Dear Mayor Evans and Council Members, The Flock Safety automatic license plate reader (ALPR) camera system has proven to be a vital asset for sheriff's personnel assigned to provide law enforcement services to the City of La Quinta. The Riverside County Sheriffs Department remains committed to the City Council's priority of maintaining a high quality of life for residents, as well as supporting a safe and thriving business environment. The Flock ALPR system plays a key role in achieving both goals. This technology has enabled deputies to proactively respond to incidents involving organized retail theft crews as they enter the city's commercial areas. Many of these alerts originate from Flock entries made outside La Quinta's jurisdiction, demonstrating the value of interoperability and cross jurisdictional data sharing in combating organized criminal activity. Beyond retail theft, the ALPR system has supported a wide range of investigations, including those involving domestic violence, stalking, assault with a deadly weapon, exhibition of speed/street racing, theft, burglaries, missing persons, and stolen vehicles. Between May 20 and June 17, 2025, the ALPR cameras captured and processed over 3 million license plate reads, matching them against databases statewide. This underscores both the scale and utility of the system in enhancing public safety. In light of recent concerns regarding data sharing by the Riverside County Sheriff's Office with out-of- state or federal immigration authorities, I want to assure the Council that the administration at the Thermal Station conducts monthly audits of personnel access and usage. We remain in full compliance with RSO Department Policy 412, Senate Bill 34 (ALPR use and data privacy), and Senate Bill 54 (California Values Act). 279 Our continued commitment is to transparency, lawful use of technology, and the safety and privacy of La Quinta's residents and businesses. 4rely, , 7 r ncisco Velasco Lie tenant 280 ATTACHMENT 3 LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites SB-34 Automated license plate recognition systems: use of data. (2015-2016) SHARE THIS: uri Senate Bill No. 34 CHAPTER 532 An act to amend Sections 1798.29 and 1798.82 of, and to add Title 1.81.23 (commencing with Section 1798.90.5) to Part 4 of Division 3 of, the Civil Code, relating to personal information. Approved by Governor October 06, 2015. Filed with Secretary of State October 06, 2015. 1 LEGISLATIVE COUNSEL'S DIGEST SB 34, Hill. Automated license plate recognition systems: use of data. (1) Existing law authorizes the Department of the California Highway Patrol to retain license plate data captured by license plate recognition (LPR) technology, also referred to as an automated license plate recognition (ALPR) system, for not more than 60 days unless the data is being used as evidence or for the investigation of felonies. Existing law prohibits the department from selling the data or from making the data available to an agency that is not a law enforcement agency or an individual that is not a law enforcement officer. Existing law authorizes the department to use LPR data for the purpose of locating vehicles or persons reasonably suspected of being involved in the commission of a public offense, and requires the department to monitor the internal use of the data to prevent unauthorized use and to submit to the Legislature, as a part of the annual automobile theft report, information on the department's LPR practices and usage. This bill would impose specified requirements on an "ALPR operator" as defined, including, among others, maintaining reasonable security procedures and practices to protect ALPR information and implementing a usage and privacy policy with respect to that information, as specified. The bill would impose similar requirements on an "ALPR end -user," as defined. The bill would require an ALPR operator that accesses or provides access to ALPR information to maintain a specified record of that access and require that ALPR information only be used for authorized purposes. The bill would, in addition to any other sanctions, penalties, or remedies provided by law, authorize an individual who has been harmed by a violation of these provisions to bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. The bill would require a public agency, as defined, that operates or intends to operate an ALPR system to provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. The bill would also prohibit a public agency from selling, sharing, or transferring ALPR information, except to another public agency, as specified. 281 (2) Existing law requires any agency, and any person or business conducting business in California, that owns or licenses computerized data that includes personal information, as defined, to disclose in specified ways, any breach of the security of the system or data, as defined, following discovery or notification of the security breach, to any California resident whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Existing law defines "personal information" for these purposes to include an individual's first name and last name, or first initial and last name, in combination with one or more designated data elements relating to, among other things, social security numbers, driver's license numbers, financial accounts, and medical information. This bill would include information or data collected through the use or operation of an automated license plate recognition system, when that information is not encrypted and is used in combination with an individual's name, in the definition of "personal information" discussed above. This bill would incorporate additional changes to Section 1798.29 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last. This bill also would incorporate additional changes to Section 1798.82 of the Civil Code proposed by SB 570 and AB 964 that would become operative if this bill and one or both of those bills are enacted and this bill is enacted last. Vote: majority Appropriation: no Fiscal Committee: yes Local Program: no THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. 282 (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. 283 (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting of the notice on the agency's Internet Web site page, if the agency maintains one. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.1. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. 284 (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] 285 For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. 286 (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency's Internet Web site page, if the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. 287 (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.2. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not 288 comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (i) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: 289 (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting of the notice on the agency's Internet Web site page, if the agency maintains one. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 1.3. Section 1798.29 of the Civil Code is amended to read: 1798.29. (a) Any agency that owns or licenses computerized data that includes personal information shall disclose any breach of the security of the system following discovery or notification of the breach in the security of the data to any resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) Any agency that maintains computerized data that includes personal information that the agency does not own shall notify the owner or licensee of the information of any breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made after the law enforcement agency determines that it will not compromise the investigation. (d) Any agency that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (i), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH 290 What Happened? What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (i), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting agency subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. 291 (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether the notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies, if the breach exposed a social security number or a driver's license or California identification card number. (3) At the discretion of the agency, the security breach notification may also include any of the following: (A) Information about what the agency has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) Any agency that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (f) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the agency. Good faith acquisition of personal information by an employee or agent of the agency for the purposes of the agency is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (g) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (h) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. 292 (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. i) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the agency demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the agency does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the agency has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the agency's Internet Web site page, if the agency maintains one. For purposes of this subparagraph, conspicuous posting on the agency's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media and the Office of Information Security within the Department of Technology. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for an online account, and no other personal information defined in paragraph (1) of subdivision (g), the agency may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached to promptly change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the agency and all other online accounts for which the person uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (g) for login credentials of an email account furnished by the agency, the agency shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the agency knows the resident customarily accesses the account. (j) Notwithstanding subdivision (i), an agency that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part shall be deemed to be in compliance with the notification requirements of this section if it notifies subject persons in accordance with its policies in the event of a breach of security of the system. (k) Notwithstanding the exception specified in paragraph (4) of subdivision (b) of Section 1798.3, for purposes of this section, "agency" includes a local agency, as defined in subdivision (a) of Section 6252 of the Government Code. SEC. 2. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. 293 (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. f p 3 ( 294 (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting of the notice on the Internet Web site page of the person or business, if the person or business maintains one. 295 (C) Notification to major statewide media. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.1. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (j), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? 296 What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. 297 (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. 298 (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the Internet Web site page of the person or business, if the person or business maintains one. For purposes of this subparagraph, conspicuous posting on the person's or business's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.2. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. 299 (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language. (2) The security breach notification shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months, along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in subdivision (j) or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health 300 Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. 301 (B) Conspicuous posting of the notice on the Internet Web site page of the person or business, if the person or business maintains one. (C) Notification to major statewide media. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 2.3. Section 1798.82 of the Civil Code is amended to read: 1798.82. (a) A person or business that conducts business in California, and that owns or licenses computerized data that includes personal information, shall disclose a breach of the security of the system following discovery or notification of the breach in the security of the data to a resident of California whose unencrypted personal information was, or is reasonably believed to have been, acquired by an unauthorized person. The disclosure shall be made in the most expedient time possible and without unreasonable delay, consistent with the legitimate needs of law enforcement, as provided in subdivision (c), or any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. (b) A person or business that maintains computerized data that includes personal information that the person or business does not own shall notify the owner or licensee of the information of the breach of the security of the data immediately following discovery, if the personal information was, or is reasonably believed to have been, acquired by an unauthorized person. (c) The notification required by this section may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. The notification required by this section shall be made promptly after the law enforcement agency determines that it will not compromise the investigation. (d) A person or business that is required to issue a security breach notification pursuant to this section shall meet all of the following requirements: (1) The security breach notification shall be written in plain language, shall be titled "Notice of Data Breach," and shall present the information described in paragraph (2) under the following headings: "What Happened," "What Information Was Involved," "What We Are Doing," "What You Can Do," and "For More Information." Additional information may be provided as a supplement to the notice. (A) The format of the notice shall be designed to call attention to the nature and significance of the information it contains. (B) The title and headings in the notice shall be clearly and conspicuously displayed. (C) The text of the notice and any other notice provided pursuant to this section shall be no smaller than 10-point type. (D) For a written notice described in paragraph (1) of subdivision (j), use of the model security breach notification form prescribed below or use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. [NAME OF INSTITUTION / LOGO] Date: [insert date] NOTICE OF DATA BREACH What Happened? 302 What Information Was Involved? What We Are Doing. What You Can Do. Other Important Information. [insert other important information] For More Information. Call [telephone number] or go to [Internet Web site] (E) For an electronic notice described in paragraph (2) of subdivision (j), use of the headings described in this paragraph with the information described in paragraph (2), written in plain language, shall be deemed to be in compliance with this subdivision. (2) The security breach notification described in paragraph (1) shall include, at a minimum, the following information: (A) The name and contact information of the reporting person or business subject to this section. (B) A list of the types of personal information that were or are reasonably believed to have been the subject of a breach. (C) If the information is possible to determine at the time the notice is provided, then any of the following: (i) the date of the breach, (ii) the estimated date of the breach, or (iii) the date range within which the breach occurred. The notification shall also include the date of the notice. 303 (D) Whether notification was delayed as a result of a law enforcement investigation, if that information is possible to determine at the time the notice is provided. (E) A general description of the breach incident, if that information is possible to determine at the time the notice is provided. (F) The toll -free telephone numbers and addresses of the major credit reporting agencies if the breach exposed a social security number or a driver's license or California identification card number. (G) If the person or business providing the notification was the source of the breach, an offer to provide appropriate identity theft prevention and mitigation services, if any, shall be provided at no cost to the affected person for not less than 12 months along with all information necessary to take advantage of the offer to any person whose information was or may have been breached if the breach exposed or may have exposed personal information defined in subparagraphs (A) and (B) of paragraph (1) of subdivision (h). (3) At the discretion of the person or business, the security breach notification may also include any of the following: (A) Information about what the person or business has done to protect individuals whose information has been breached. (B) Advice on steps that the person whose information has been breached may take to protect himself or herself. (e) A covered entity under the federal Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Sec. 1320d et seq.) will be deemed to have complied with the notice requirements in subdivision (d) if it has complied completely with Section 13402(f) of the federal Health Information Technology for Economic and Clinical Health Act (Public Law 111-5). However, nothing in this subdivision shall be construed to exempt a covered entity from any other provision of this section. (f) A person or business that is required to issue a security breach notification pursuant to this section to more than 500 California residents as a result of a single breach of the security system shall electronically submit a single sample copy of that security breach notification, excluding any personally identifiable information, to the Attorney General. A single sample copy of a security breach notification shall not be deemed to be within subdivision (f) of Section 6254 of the Government Code. (g) For purposes of this section, "breach of the security of the system" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of personal information maintained by the person or business. Good faith acquisition of personal information by an employee or agent of the person or business for the purposes of the person or business is not a breach of the security of the system, provided that the personal information is not used or subject to further unauthorized disclosure. (h) For purposes of this section, "personal information" means either of the following: (1) An individual's first name or first initial and last name in combination with any one or more of the following data elements, when either the name or the data elements are not encrypted: (A) Social security number. (B) Driver's license number or California identification card number. (C) Account number, credit or debit card number, in combination with any required security code, access code, or password that would permit access to an individual's financial account. (D) Medical information. (E) Health insurance information. (F) Information or data collected through the use or operation of an automated license plate recognition system, as defined in Section 1798.90.5. (2) A user name or email address, in combination with a password or security question and answer that would permit access to an online account. (i) (1) For purposes of this section, "personal information" does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records. 304 (2) For purposes of this section, "medical information" means any information regarding an individual's medical history, mental or physical condition, or medical treatment or diagnosis by a health care professional. (3) For purposes of this section, "health insurance information" means an individual's health insurance policy number or subscriber identification number, any unique identifier used by a health insurer to identify the individual, or any information in an individual's application and claims history, including any appeals records. (4) For purposes of this section, "encrypted" means rendered unusable, unreadable, or indecipherable to an unauthorized person through a security technology or methodology generally accepted in the field of information security. (j) For purposes of this section, "notice" may be provided by one of the following methods: (1) Written notice. (2) Electronic notice, if the notice provided is consistent with the provisions regarding electronic records and signatures set forth in Section 7001 of Title 15 of the United States Code. (3) Substitute notice, if the person or business demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars ($250,000), or that the affected class of subject persons to be notified exceeds 500,000, or the person or business does not have sufficient contact information. Substitute notice shall consist of all of the following: (A) Email notice when the person or business has an email address for the subject persons. (B) Conspicuous posting, for a minimum of 30 days, of the notice on the Internet Web site page of the person or business, if the person or business maintains one. For purposes of this subparagraph, conspicuous posting on the person's or business's Internet Web site means providing a link to the notice on the home page or first significant page after entering the Internet Web site that is in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from the surrounding text of the same size by symbols or other marks that call attention to the link. (C) Notification to major statewide media. (4) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for an online account, and no other personal information defined in paragraph (1) of subdivision (h), the person or business may comply with this section by providing the security breach notification in electronic or other form that directs the person whose personal information has been breached promptly to change his or her password and security question or answer, as applicable, or to take other steps appropriate to protect the online account with the person or business and all other online accounts for which the person whose personal information has been breached uses the same user name or email address and password or security question or answer. (5) In the case of a breach of the security of the system involving personal information defined in paragraph (2) of subdivision (h) for login credentials of an email account furnished by the person or business, the person or business shall not comply with this section by providing the security breach notification to that email address, but may, instead, comply with this section by providing notice by another method described in this subdivision or by clear and conspicuous notice delivered to the resident online when the resident is connected to the online account from an Internet Protocol address or online location from which the person or business knows the resident customarily accesses the account. (k) Notwithstanding subdivision (j), a person or business that maintains its own notification procedures as part of an information security policy for the treatment of personal information and is otherwise consistent with the timing requirements of this part, shall be deemed to be in compliance with the notification requirements of this section if the person or business notifies subject persons in accordance with its policies in the event of a breach of security of the system. SEC. 3. Title 1.81.23 (commencing with Section 1798.90.5) is added to Part 4 of Division 3 of the Civil Code, to read: TITLE 1.81.23. COLLECTION OF LICENSE PLATE INFORMATION 1798.90.5. The following definitions shall apply for purposes of this title: 305 (a) "Automated license plate recognition end -user" or"ALPR end -user" means a person that accesses or uses an ALPR system, but does not include any of the following: (1) A transportation agency when subject to Section 31490 of the Streets and Highways Code. (2) A person that is subject to Sections 6801 to 6809, inclusive, of Title 15 of the United States Code and state or federal statutes or regulations implementing those sections, if the person is subject to compliance oversight by a state or federal regulatory agency with respect to those sections. (3) A person, other than a law enforcement agency, to whom information may be disclosed as a permissible use pursuant to Section 2721 of Title 18 of the United States Code. (b) "Automated license plate recognition information," or "ALPR information" means information or data collected through the use of an ALPR system. (c) "Automated license plate recognition operator" or "ALPR operator" means a person that operates an ALPR system, but does not include a transportation agency when subject to Section 31490 of the Streets and Highways Code. (d) "Automated license plate recognition system" or "ALPR system" means a searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer -readable data. (e) "Person" means any natural person, public agency, partnership, firm, association, corporation, limited liability company, or other legal entity. (f) "Public agency" means the state, any city, county, or city and county, or any agency or political subdivision of the state or a city, county, or city and county, including, but not limited to, a law enforcement agency. 1798.90.51. An ALPR operator shall do all of the following: (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (b) (1) Implement a usage and privacy policy in order to ensure that the collection, use, maintenance, sharing, and dissemination of ALPR information is consistent with respect for individuals' privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR operator has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following: (A) The authorized purposes for using the ALPR system and collecting ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to use or access the ALPR system, or to collect ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons. (E) The title of the official custodian, or owner, of the ALPR system responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. (G) The length of time ALPR information will be retained, and the process the ALPR operator will utilize to determine if and when to destroy retained ALPR information. 1798.90.52. If an ALPR operator accesses or provides access to ALPR information, the ALPR operator shall do both of the following: 306 (a) Maintain a record of that access. At a minimum, the record shall include all of the following: (1) The date and time the information is accessed. (2) The license plate number or other data elements used to query the ALPR system. (3) The username of the person who accesses the information, and, as applicable, the organization or entity with whom the person is affiliated. (4) The purpose for accessing the information. (b) Require that ALPR information only be used for the authorized purposes described in the usage and privacy policy required by subdivision (b) of Section 1798.90.51. 1798.90.53. An ALPR end -user shall do all of the following: (a) Maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (b) (1) Implement a usage and privacy policy in order to ensure that the access, use, sharing, and dissemination of ALPR information is consistent with respect for individuals' privacy and civil liberties. The usage and privacy policy shall be available to the public in writing, and, if the ALPR end -user has an Internet Web site, the usage and privacy policy shall be posted conspicuously on that Internet Web site. (2) The usage and privacy policy shall, at a minimum, include all of the following: (A) The authorized purposes for accessing and using ALPR information. (B) A description of the job title or other designation of the employees and independent contractors who are authorized to access and use ALPR information. The policy shall identify the training requirements necessary for those authorized employees and independent contractors. (C) A description of how the ALPR system will be monitored to ensure the security of the information accessed or used, and compliance with all applicable privacy laws and a process for periodic system audits. (D) The purposes of, process for, and restrictions on, the sale, sharing, or transfer of ALPR information to other persons. (E) The title of the official custodian, or owner, of the ALPR information responsible for implementing this section. (F) A description of the reasonable measures that will be used to ensure the accuracy of ALPR information and correct data errors. (G) The length of time ALPR information will be retained, and the process the ALPR end -user will utilize to determine if and when to destroy retained ALPR information. 1798.90.54. (a) In addition to any other sanctions, penalties, or remedies provided by law, an individual who has been harmed by a violation of this title, including, but not limited to, unauthorized access or use of ALPR information or a breach of security of an ALPR system, may bring a civil action in any court of competent jurisdiction against a person who knowingly caused the harm. (b) The court may award a combination of any one or more of the following: (1) Actual damages, but not less than liquidated damages in the amount of two thousand five hundred dollars ($2,500). (2) Punitive damages upon proof of willful or reckless disregard of the law. (3) Reasonable attorney's fees and other litigation costs reasonably incurred. (4) Other preliminary and equitable relief as the court determines to be appropriate. 1798.90.55. Notwithstanding any other law or regulation: 307 (a) A public agency that operates or intends to operate an ALPR system shall provide an opportunity for public comment at a regularly scheduled public meeting of the governing body of the public agency before implementing the program. (b) A public agency shall not sell, share, or transfer ALPR information, except to another public agency, and only as otherwise permitted by law. For purposes of this section, the provision of data hosting or towing services shall not be considered the sale, sharing, or transferring of ALPR information. SEC. 4. (a) Section 1.1 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by both this bill and Senate Bill 570. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.29 of the Civil Code, (3) Assembly Bill 964 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 570, in which case Sections 1, 1.2, and 1.3 of this bill shall not become operative. (b) Section 1.2 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by both this bill and Assembly Bill 964. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.29 of the Civil Code, (3) Senate Bill 570 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 964, in which case Sections 1, 1.1, and 1.3 of this bill shall not become operative. (c) Section 1.3 of this bill incorporates amendments to Section 1798.29 of the Civil Code proposed by this bill, Senate Bill 570, and Assembly Bill 964. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 1798.29 of the Civil Code, and (3) this bill is enacted after Senate Bill 570 and Assembly Bill 964, in which case Sections 1, 1.1, and 1.2 of this bill shall not become operative. SEC. 5. (a) Section 2.1 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by both this bill and Senate Bill 570. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.82 of the Civil Code, (3) Assembly Bill 964 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Senate Bill 570, in which case Sections 2, 2.2, and 2.3 of this bill shall not become operative. (b) Section 2.2 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by both this bill and Assembly Bill 964. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2016, (2) each bill amends Section 1798.82 of the Civil Code, (3) Senate Bill 570 is not enacted or as enacted does not amend that section, and (4) this bill is enacted after Assembly Bill 964, in which case Sections 2, 2.1, and 2.3 of this bill shall not become operative. (c) Section 2.3 of this bill incorporates amendments to Section 1798.82 of the Civil Code proposed by this bill, Senate Bill 570, and Assembly Bill 964. It shall only become operative if (1) all three bills are enacted and become effective on or before January 1, 2016, (2) all three bills amend Section 1798.82 of the Civil Code, and (3) this bill is enacted after Senate Bill 570 and Assembly Bill 964, in which case Sections 2, 2.1, and 2.2 of this bill shall not become operative. 308 Policy ATTACHMENT 4 412 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers 412.1 PURPOSE AND SCOPE The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 412.2 DEFINITIONS Definitions related to this policy include: ALPR Data - Information or data and images collected using an ALPR system. ALPR Operator - An agency that operates an ALPR system. ALPR System - A searchable computerized database resulting from the operation of one or more mobile or fixed cameras combined with computer algorithms to read and convert images of registration plates and the characters they contain into computer -readable data. ALPR User - A person that accesses or uses an ALPR system. 412.3 POLICY The policy of the Riverside County Sheriffs Department is to utilize ALPR technology to capture and store digital license plate data and images while recognizing established privacy rights of the public. All data and images gathered by the ALPR system are for the official use of this department. Because such data may contain confidential information, it may not be open to public review. 412.4 ADMINISTRATION The ALPR technology, allows for the automated detection of license plates. It is used by the Riverside County Sheriff's Department to convert data associated with vehicle license plates for official law enforcement purposes, including identifying stolen or wanted vehicles, stolen license plates and missing persons. It may also be used to gather information related to arrest warrants, homeland security, electronic surveillance, suspect interdiction and stolen property recovery. All installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Support Services Chief Deputy. This Chief Deputy will assign members under their command to administer the day-to-day operation of the ALPR equipment and data. 412.4.1 ALPR ADMINISTRATOR The Support Services Chief Deputy shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq. This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 1 309 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers (b) Training requirements for authorized users. (c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws. (d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52. (e) The title and name of the current designee in overseeing the ALPR operation. (f) Working with the Custodian of Records on the retention and destruction of ALPR data. (g) Ensuring this policy and related procedures are conspicuously posted on the department's website. 412.4.2 PUBLIC HEARING In accordance with Civil Code §1798.90.55(a), the department provided an opportunity for public comment on the use of the ALPR program within Riverside County during an open meeting of the Riverside County Board of Supervisors on August 29, 2017 (BOS Agenda Item# 3.108). 412.4.3 AUTHORIZED USERS Users authorized to access any ALPR information operated by the department are those in positions, assignments, or otherwise tasked with criminal investigations or patrol operations. These users include sworn peace officers and classified department personnel such as, but not limited to, Community Service Officers, Crime Analysts, and 911 Communications Officers. 412.5 OPERATIONS Use of an ALPR system is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (a) An ALPR system shall only be used for official law enforcement business. (b) An ALPR system may be used in conjunction with any routine patrol operation or criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR system. (c) No member of this department shall operate ALPR equipment or access ALPR data without first completing department approved training. (d) No ALPR operator may access department, state or federal data unless otherwise authorized to do so. (e) When applicable, authorized users shall verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 412.5.1 CUSTOM HOT LISTS ALPR Custom Hot Lists are ALPR user created lists of vehicles with associated information, actions, or requests to other ALPR users. Custom Hot Lists are an invaluable tool to assist law enforcement share information with other law enforcement agencies that has historically been Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 2 310 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers conducted through printed or digital flyers, such as information related to specific wanted vehicles or vehicles associated to verified crimes. When using Custom Hot Lists, the following shall apply: (a) Custom Hot Lists should generally be created by the primary investigating ALPR user or an authorized designee. (b) No user shall create a Custom Hot List accessible only to themselves. At minimum, each Custom Hot List shall include the creator's supervisor or any other supervisor tasked with ALPR usage audits. (c) The creator is required to maintain, update, or remove entries as circumstances change, such as when the vehicle is no longer wanted or no longer suspected of a crime. (d) All entries shall include the creator's contact information, specific incident details, and actionable instructions. (e) Entries may include attachments, such as law enforcement flyers, that contain further details of the crime or requests from the investigating ALPR user. 412.5.2 REPORT WRITING The ALPR EDP code shall be used as a secondary EDP and is required on any written report where ALPR technology was effectively utilized during an investigation. This practice will ensure proper identification of ALPR-related incidents and crime trends. • For example, if an abandoned stolen vehicle is located via a notification from the ALPR system, the recovery should be documented as a Stolen Vehicle Recovery and the corresponding EDP for the recovery should be first on the Form A. On the second line of the Form A, "ALPR" should be entered in the offense section and "25T1-N" should be entered in the EDP code section. 412.6 DATA COLLECTION, SECURITY AND RETENTION The Support Services Chief Deputy is responsible for ensuring systems and processes are in place for the proper collection and retention of ALPR data. (a) ALPR records retained by the department will be maintained, safeguarded, and purged according to all applicable laws, policies and ALPR system provider limitations. ALPR information that may be needed for active or probable litigation, is the subject of an active public records request, or is needed for auditing purposes shall be maintained until the underlying matters are fully resolved before being destroyed. When applicable, the destruction of ALPR information will follow the steps specified in the Riverside County Board of Supervisors Policy A-43 and in accordance with the Sheriff Department's records retention schedule. (b) The Riverside County Sheriff's Department, or its authorized vendors, will retain raw ALPR information for a period not to exceed the lesser of the maximum period allowed by law, or the retention period established in applicable service agreements. (c) Electronic data gathered during ALPR usage is the property of the Riverside County Sheriff's Department. The approved ALPR vendor will maintain responsibility for Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 3 311 Riverside County Sheriff's Department Riverside County Sheriff's Department Standards Manual (DSM) Automated License Plate Readers adherence to protocols involving information security in accordance with FBI CJIS security policy. The approved vendor will also be responsible for executing retention and/or deletion routines of electronically stored data as specified by the Riverside County Records Management and Archive Policy A-43 and in compliance with applicable laws. (d) Authorized department vendors with access to systems containing ALPR data shall maintain reasonable security procedures and practices, including operational, administrative, technical, and physical safeguards, to protect ALPR information from unauthorized access, destruction, use, modification, or disclosure. (e) All ALPR login and query records will be retained for at least the minimum period required by law, unless the information has been timely requested for investigative or other legal reasons. Pursuant to Civil Code § 1798.90.52, any records retained must contain, at a minimum, the following information: 1. The date and time ALPR information was accessed. 2. The username of who accessed the information. 3. The license plate number or other data elements used to query the ALPR system. 4. The stated purpose for accessing the information. 412.7 ACCOUNTABILITY All data will be closely safeguarded and protected by both procedural and technological means. The Riverside County Sheriffs Department will observe the following safeguards regarding access to and use of stored data (Civil Code § 1798.90.51; Civil Code § 1798.90.53): (a) All ALPR data downloaded to the mobile workstation and in storage shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). (b) Members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relates to a specific criminal investigation or department -related civil or administrative action. (c) Department members shall only use their own assigned username and password when accessing any ALPR system. (d) When conducting a specific license plate search of ALPR data, department members shall include a related case number for justification. (e) When conducting a generic vehicle description search of ALPR data, department members shall include a justification description or related case number. (f) Any printed ALPR information must be destroyed using a secure method. No materials shall be disposed of in regular trash or recycling containers. (g) No ALPR data shall be given, sold, shared or otherwise transferred to any unauthorized party. Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 4 312 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers (h) ALPR system audits should be conducted on a regular basis. Stations or bureaus with ALPR networks within their commands are responsible for the completion of monthly audits of ALPR queries performed by their assigned personnel to include any Custom Hot Lists created by those users. (i) Any violations of this policy may result in temporary or permanent revocation of access. (j) Any breach or unauthorized or unintentional release of any ALPR information shall be immediately reported to the Support Services Chief Deputy. This policy does not prohibit any bureau, station, or command from further restricting user access, revoking access without cause, or requiring supplemental training for its assigned ALPR users. 412.8 CUSTODIAN OF RECORD The manager of the Technical Services Bureau (TSB), acting on behalf of the Riverside County Sheriffs Department, is responsible for implementing the provisions of this usage and privacy policy as the official custodian/owner of the ALPR system and ALPR information covered herein. 412.9 ACCESS, SHARING AND RELEASING OF ALPR DATA The department may be authorized discretionary access to ALPR data owned by other law enforcement agencies and may be revoked without cause. In order to maintain public trust, the integrity of all ALPR data, and collaborative relationships with other agencies, this policy will also apply to searches of all shared data. At the discretion of the Support Services Chief Deputy, access to ALPR networks owned or managed by the Riverside County Sheriff's Department may be shared with other law enforcement agencies as authorized by law, excluding federal law enforcement agencies. ALPR data may be released to other law enforcement or prosecutorial agencies with a nexus for official law enforcement purposes, or as otherwise permitted by law. All other information release requests from law enforcement agencies shall use the following procedures: (a) The agency makes a written request for the ALPR data that includes: 1. The name of the agency. 2. The name of the person requesting. 3. The intended purpose of obtaining the information. (b) The request is reviewed by the affected commander or the authorized designee and approved before the request is fulfilled. (c) The approved request is retained on file. Requests for ALPR data by non -law enforcement or non -prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (DSM 809). Public record requests for ALPR data shall be routed to the CPRA Unit for disposition. Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 5 313 Riverside County Sheriff's Department Riverside County Sheriffs Department Standards Manual (DSM) Automated License Plate Readers 412.10 TRAINING The department will ensure the presentation of department -approved training to those authorized to use or access the ALPR system (Civil Code § 1798.90.51; Civil Code § 1798.90.53). Each user's unique ALPR system username and password will only be activated upon the successful completion of the required training courses. 412.11 INTEGRATION WITH OTHER TECHNOLOGY The department may elect to integrate ALPR technology with other technology to enhance available information. Systems such as gunshot detection, incident mapping, crime analysis, public safety camera systems, facial recognition, and other video -based analytical systems may be considered based upon availability and the nature of department strategy. 412.12 PREVIOUS DEPARTMENT DIRECTIVE RESCINDED With the publication of this Automated License Plate Readers Policy (DSM 412), Department Directive #18-132 and any supplemental directives are rescinded. Copyright Lexipol, LLC 2024/04/11, All Rights Reserved. Published with permission by Riverside County Sheriffs Department Automated License Plate Readers - 6 314 2025 2QG4XDUWHU ASULOJXQH2025 DESIGN & DEVELOPMENT QUARTERLY REPORT The Design and Development Department consists of three divisions: The Hub, Building, and Planning Business Licenses Issued L I C E N S E S A N D P E R M I T S The Hub serves as a one-stop permit center. It is the central location for obtaining permits for planning, building, engineering, business licenses, and special events. The Hub also issues permits for garage sales, home occupations, pool drains, re-roofs, and HVAC, window, water heater, and utility changeouts. 191 153 218 268 211 286 APRIL MAY JUNE 2024 2025 2024 20252024 2025 492492 492 807807 807 612612 612 809809 809 620620 620 707707 707 Q2 2020 Q2 2021 Q1 2022 Q2 2023 Q2 2024 Q2 2025 Online (87.32%)In-Person (12.68%) Permits Processed Online/In-Person Welcome New Businesses 111 U Spa * Advanced Endoscopy Ara Pilates Brow Arc * Desert Pacific Properties Disco Rabbit * Dunkin Inland Empire Brain Experts Corp Integrity Agents Insurance Services Kitchen Ten Eleven * Koushan Siami, M.D. Made Fitness * Maxim Healthcare Services Security National Mortgage Co Wellness by Tiffany Yun Therapy USA Acupuncture & Herb Center 17 New Local Businesses Other Permits Issued 156 178 206 151 126 127 APRIL MAY JUNE 2024 2024 2025 2024 2025 220220 220 422422 422 667667 667 670670 670 488488 488 456456 456 Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 2025 This list is not exhaustive of all new businesses. DEPARTMENTAL REPORT ITEM NO. 5 431 $243k$243k $243k $330k$330k $330k $750k$750k $750k $823k$823k $823k $417k$417k $417k $206$206 $206 Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 2025 69 48 65 46 70 41 336 218 273 247 263 247 2024 APRIL MAY JUNE 2025 2024 2025 2024 2025 255 189 325 184 229 199 APRIL MAY 2024 2025 JUNE 2024 2025 2024 2025 Building Division Plan Check Submittals 476476 476 821821 821 1,1421,142 1,142 897897 897 872872 872 712712 712 Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 2025 Building Permits Issued 520520 520 676676 676 1,1011,101 1,101 1,0211,021 1,021 809809 809 572572 572 Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 2025 PLAN CHECK AND BUILDING PERMITS The Building Division administers and issues all residential and commercial building permit applications, reviews plans (plan checks), and conducts on-site building inspections for compliance with the La Quinta Municipal Code and California Building Standards Code. Building Inspections 1,508 1,054 1,427 966 1,408 867 APRIL MAY JUNE 2024 2025 2024 2025 2024 2025 Average Building Inspections Per Day $136k $64 $189k $54 $92k $88 $83k $45k $71k $56k $76k $83k Plan Check Fees Collected: $183,799 Building Permit Fees Collected: $205,950 $157K$157K $157K $172k$172k $172k $264k$264k $264k $374k$374k $374k $231k$231k $231k $184k$184k $184k Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 2025 APRIL MAY JUNE 2024 2025 2024 2025 2024 2025 APRIL MAY JUNE 2024 2025 2024 2025 2024 2025 APRIL MAY JUNE 2024 2025 2024 2025 2024 2025 2,2522,252 2,252 3,5003,500 3,500 5,2295,229 5,229 6,5616,561 6,561 4,3434,343 4,343 2,8872,887 2,887 Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 2025 3535 35 5555 55 8282 82 103103 103 6868 68 4545 45 Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 2025 FINANCIAL DATA INSPECTION DATA 432 1414 14 3030 30 3838 38 2626 26 3030 30 2424 24 Q2 2020 Q2 2021 Q2 2022 Q2 2023 Q2 2024 Q2 2025 PLANNING The Planning Division administers the zoning and development standards and works with residential and commercial developers, architects, builders, and businesses to ensure that development is consistent with the City's Zoning Code and General Plan. Planning staff coordinates with the Planning Commission, whose primary function is to develop and maintain the City’s General Plan, consider development applications, and serves as an advisory body to the City Council. Planning Staff Approvals Special Event Permits for Wedding Events at the Austin Residence on April 5, May 3, May 10, and May 17 (77600 Avenida Fernando). Site Development Application for 24 single-family residences (Oasis residential community) at the northwest corner of Ave 60 and Madison St. Minor Use Permit to add a new kitchen to an existing guest house at a home within Madison Club. Sign Programs for Quick Quack Car Wash (79580 Hwy 111) and Shadow Rock Church (46760 Commerce Ct). Minor Use Permit for Desert Preschool Academy (50905 Avenida Bermudas). Minor Use Permit to convert an existing garage into two casitas and a Minor Adjustment to allow the existing side entry garage to be converted to living area at 80585 Via Savona Ln. Modification By Applicant to include the addition of a shade structure, balcony, removal of driveway approach, and conversion of garage space to game room at 51100 Avenida Martinez. Temporary Use Permit for a parking lot sales event for Kenston Farms, LLC, May 8 - 11, 2025, at 78880 Hwy 111. Final Landscape Plans for St. Francis of Assisi Parish Hall (southeast of Highland Palms Drive and Washington Street); McQuaid Studios (78095 Calle Cadiz); Oasis residential community (Tract 32201); Rancho La Quinta Clubhouse (79301 Cascades Cr); Barcelona Club Apartments (51480 Desert Club Dr); and Griffin Ranch (TM38083). Modification by Applicant for exterior alterations to a restaurant building at 78772 Hwy 111 (previously Tuscano's) to accommodate the future Shake Shack and CAVA. Minor Use Permit for a temporary sales office for the Oasis residential community located at the northwest corner of Madison St and Ave 60. Minor Adjustment to allow one additional course of CMU block on an exterior side wall located at 53750 Avenida Rubio. Site Development Permit for 37 single-family homes within Griffin Ranch. PLANNING APPLICATIONS RECEIVED 13 4 9 4 8 12 Planning Commission Actions Approved Conditional Use Permit and Site Development Permit for an approximate 16,000 sq ft dental office building at 47705 Caleo Bay Recommended City Council approval of a Specific Plan Amendment, Conditional Use Permit, and Site Development Permit for an approximate 3,690 sq ft drive-through building to be located at the southwest corner of Adams St and Corporate Center Dr. APRIL MAY JUNE 2024 2025 2024 2025 2024 2025 433 La Quinta Development in Action - Q2 2025 Chick-fil-A DAISO Quick Quack Car Wash Escape Games The Golf Bar Rice & GrillJefferson Street Apartments 434 Palm Springs Airport Commission Report – July 16, 2025, Meeting Discussion and Action Items: Lobby Space Update – Focused on providing pre-security comfortable seaƟng; charging staƟons; and signature event acƟvaƟons, Ɵckets and informaƟon. Will not be a staƟc looking space, but conƟnually changing. Design through buildout expected to be done by December 2025. What to do with the 500 sq. Ō. space near the deplaned passenger corridor exiƟng the sterile airside was discussed. I suggested leƫng it be used by major event promoters (i.e. music fesƟvals, tennis & golf tournaments, the Palm Springs Film FesƟvals) as a Ɵcket pick-up staƟon and for event informaƟon. Art Curator Update – A contract has been prepared to hire Group CreaƟve Services to serve as the City’s artwork coordinaƟon firm. Beyond artwork acquisiƟon, they will be managing facility and markeƟng efforts related to the artwork; create and manage an artwork maintenance program; develop community engagement and partnerships; and tracking and manage the artwork budget. This is looking like it will become an ongoing relaƟonship rather than the implementaƟon-only MarkeƟng Update – June total passengers was up 6.1% from 2024, a 6th monthly record in CY 2025. [p.138] May total passengers was up 1% from 2024, a 5th monthly record in CY 2025. The capacity for Air Canada US is down 11% YOY, expecƟng a depressed winter demand to the US. Though Flair Airlines is reporƟng that California acƟvity is looking “ok” and are not seeing “ill will” towards California, they sƟll have opted to not return to PSP next season, though they hold hope to return for the winter of 2026. WestJet stated that California has more demand than other US locaƟons, though their winter capacity for PSP will be trimmed by 5%. The weakness of the Canadian dollar to the US dollar is also impacƟng travel to the US. US based airlines are pleased with their overall performance at PSP. Request for Proposals (RFP) and InvitaƟon for Bid (IFB) Update – An award is sƟll pending for eight Plug-In Electric Trucks. ExecuƟve Director Report – PSP ranked 35 on the Washington Post’s Top 50 airports based upon reader reviews. With there being about 450 commercial airports in the naƟon, that puts PSP in the top 10%. For the Outboard Baggage Handling System Project, the City Manager has been authorized to enter into a contract with Swinerton Builders to construct the inline outbound baggage system. The project is esƟmated to cost nearly $85 million in total when factoring the addiƟon of ConstrucƟon Management and Program Management costs. It is expected that about $60 million of the funding will come from four different federal grants awarded by the FAA and TSA, with the remainder of the costs to be funded through airport revenues. The airport’s on-call consultant InterVISTAS is formalizing a request for Customs and Border ProtecƟon resources in preparaƟon of a Federal InspecƟon StaƟon (FIS). The recently passed federal budget may have created an opportunity for PSP by authorizing funding for an addiƟonal 5,000 Customs officers. Next Commission MeeƟng: September 17, 2025, at 4:00 PM 2025 Airport Commission Calendar – Future planned meeƟngs on 9/17, 10/15, 11/19, 12/10. REPORTS AND INFORMATIONAL ITEM NO. 33 435 9 AIRPORT COMMISSION MEETING AGENDA AMENDED AGENDA Amended Item 4 – information is in red City Hall Large Conference Room, City of Palm Springs 3200 E Tahquitz Canyon Way, Palm Springs, CA 92262 Wednesday, July 16, 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 Daniel Caldwell – Palm Springs 700 E. Ocean Blvd Long Beach, CA 90802 Commissioner Kevin Wiseman – Palm Desert 71-703 Highway 111, Suite 2E Rancho Mirage, CA 92270 Commissioner Christian Samlaska – Cathedral City 1925 Fuller Avenue Cumberland, WI 54829 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 Ken Hedrick City of Indian Wells: Phil Valdez City of Coachella: Denise Delgado City of Rancho Mirage: Keith Young Daniel Caldwell Tracy Martin Bryan Ebensteiner Samantha McDermott City of La Quinta: Geoffrey Kiehl City of Desert Hot Springs: Dirk Voss City of Indio: Rick Wise J Craig Fong Timothy Schoeffler Palm Springs City Staff Scott C. Stiles, ICMA-CM Harry Barrett Jr., A.A.E. Jeremy Keating, C.M. Victoria Carpenter, C.M. City Manager Executive Director or Aviation Assistant Airport Director Assistant Airport Director 436 Airport Commission Meeting Agenda July 16, 2025 – Page 2 _______________________________________________________________________________________ 1.CALL TO ORDER – PLEDGE OF ALLEGIANCE 2.POSTING OF AGENDA 3.ROLL CALL 4.NOMINATION AND ELECTION OF OFFICERS 5.ACCEPTANCE OF AGENDA 6.PUBLIC COMMENTS: Limited to three minutes on any subject within the purview of the Commission. 7.APPROVAL OF MINUTES: 7.A Minutes of the Airport Commission Regular Meeting of April 23, 2025. 7.B Minutes of the Airport Commission Regular Meeting of May 21, 2025. 8.INTRODUCTIONS AND PRESENTATIONS: 8.A Josue Morejon - Safety Management Systems Manager 8.B Ryan Kaspari - Deputy Director of Capital Development 8.C Victoria Carpenter - Assistant Airport Director - Position Reclassification 8.D Phil Valdez - Appointed to Airport Commission - City of Indian Wells 8.E Timothy Schoeffer - Appointed to Airport Commission - City of Palm Springs 9.DISCUSSION AND ACTION ITEMS: 9.A Lobby Space Update 9.B Fuse Update 9.C Art Curator Update 9.D Transitioning to Action Minutes 9.E Subcommittee Restructuring and Appointment of Committee Members 9.F Marketing Update 9.G Financial Update 9.H Future City Council Actions Update 9.I Projects and Airport Capital Improvement Program Update 10.EXECUTIVE DIRECTOR REPORT 11.COMMISSIONERS REQUESTS AND REPORTS 12.REPORT OF COUNCIL ACTIONS: 12.A Past City Council Actions 13. RECEIVE AND FILE: 13.A Airline Activity Report June 2025 437 Airport Commission Meeting Agenda July 16, 2025 – Page 3 _______________________________________________________________________________________ 13.B Airline Activity Report Fiscal Year Comparison 13.C Employment Update 13.D Request For Proposal (RFP) and Invitation For Bid (IFB) Update 13.E Customs Administration Fee Staff Report 13.F Taxicab Fee Presentation Staff Report 13.G Committee Description and Responsibilities 14. COMMITTEES: 14.A Future Committee Meetings 14.B Committees Roster 15.ADJOURNMENT: The Airport Commission will adjourn to the Regular Meeting on September 17, 2025 at 4:00 P.M. AFFIDAVIT OF POSTING I, Harry Barrett, Jr., Executive Director of Aviation, City of Palm Springs, California, hereby certify this agenda was posted on July 14, 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. 438 WRITTEN PUBLIC COMMENTS CITY COUNCIL MEETING AUGUST 5, 2025 1 From:cheryl heineman <cheineman98@yahoo.com> Sent:Saturday, August 2, 2025 10:42 AM To:City Clerk Mail Subject:Extended hours for animal control I suggest that we have weekend coverage. Animals don't adhere to a M-F schedule, and the service that my friends experienced on weekends was not good. Thanks! Cheryl Heineman 51720 Avenida Juarez Sent from my iPhone CITY COUNCIL MEETING - AUGUST 5, 2025 - WRITTEN PUBLIC COMMENTS FROM RESIDENT CHERYL HEINEMAN BUSINESS SESSION ITEM NO. 1 - RIVERSIDE COUNTY ANIMAL SERVICES AGREEMENT 1 From:Kay Wolff <kaywolff@msn.com> Sent:Saturday, August 2, 2025 10:17 AM To:City Clerk Mail Subject:ANIMAL CONTROL CONTRACT BUSINESS ITEM #1 To the Councilmembers: In regard to the contract with Riverside County for animal control services, please strongly consider the option of extended hours, especially weekend hours. Animals don't choose to escape from 9-5 Monday through Friday. Owners aren't careless on that schedule either. In fact, I'll bet most strays occur on weekends. Not to mention cats, snakes or other critters La Quinta is noted for its animal lovers and protectors. We are frustrated when we call the emergency animal control number on weekends and a) no one answers, b) they will send a message to a person who does not respond or c) they ask you to call back on Monday. I have experienced all of these. Please support our community with extended animal control services. P.S. Hello to all, I haven't died yet. CITY COUNCIL MEETING - AUGUST 5, 2025 - WRITTEN PUBLIC COMMENTS FROM RESIDENT KAY WOLFF BUSINESS SESSION ITEM NO. 1 - RIVERSIDE COUNTY ANIMAL SERVICES AGREEMENT POWER POINTS CITY COUNCIL MEETING AUGUST 5, 2025 August 5, 2025 1 City Council Regular Meeting August 5, 2025 City Council Regular Meeting August 5, 2025 PUBLIC COMMENT – MATTERS NOT ON THE AGENDA 1 2 August 5, 2025 2 City Council Regular Meeting August 5, 2025 CLOSED SESSION IN PROGRESS 3 4 August 5, 2025 3 City Council Regular Meeting August 5, 2025 PUBLIC COMMENT – MATTERS NOT ON THE AGENDA City Council Regular Meeting August 5, 2025 P1 – SilverRock Development Project Status Update 5 6 August 5, 2025 4 City Council Regular Meeting August 5, 2025 P2 – Riverside County Sheriff’s Department Introduction of Lieutenant Nicholas Lingle 7 8 August 5, 2025 5 City Council Regular Meeting August 5, 2025 B1-APPROVE AGREEMENT WITH COUNTY OF RIVERSIDE FOR ANIMAL SHELTER, FIELD AND LICENSING SERVICES Background • Since 2016, the City has contracted with Riverside County Animal Services (RCDAS). • Regular evaluations of services conducted. • Service levels remain unchanged. • City staff receives monthly reports. 9 10 August 5, 2025 6 Agreement Highlights • Term is from July 1, 2025, to June 30, 2028. • City will fund a minimum of two Spay/Neuter Clinics. • City will fund a minimum of two Vaccine Clinics. • Council may be asked to review and amend existing animal control ordinances. Contract Rates TotalField ServicesShelter ServicesFiscal Year $ 398,661.00 $ 293,960.00 $ 104,701.00 FY 2025/2026 $ 479,942.00 $ 316,186.00 $ 163,756.00 FY 2025/2027 $ 535,122.00 $ 331,996.00 $ 203,126.00 FY 2025/2028 11 12 August 5, 2025 7 Services Provided • Full-time ACO • After-hours emergency services • Dog license renewals • Access to Coachella Valley Animal Campus Center (Thousand Palms) • RCDAS vehicles and equipment; and • Option for extended hours (e.g. weekend/holidays). Questions 13 14 August 5, 2025 8 City Council Regular Meeting August 5, 2025 B2 – Rincon Consultants GIS Contract Amendment No. 1 15 16 August 5, 2025 9 Original Contract Details • Contract approved October 2022 for 5-Year term • $285,000 to establish all necessary GIS Services and ongoing Maintenance • GIS updates and upgrades conducted immediately for all Departments, primarily The HUB Successful Projects Implemented •Zoning and Land Use – Official Mapping and Parcel Research •Permitting/Development – Integration for HUB’s Tyler Software •Community Planning – Internal use for mapping of efforts including Sphere of Influence review •Tourism/Recreation – Digitizing of Marketing Maps such as Bike Trails, Parks, Art, etc. •Public Safety – Integration for Code Compliance and emergency planning 17 18 August 5, 2025 10 Amendment No. 1 Total Amount Requested: $100,000 Continued Projects Tyler EPL Parcel and Addressing Maintenance Zoning and Land Use Data New Projects OpenGov Asset Management Implementation Public Safety and Emergency Planning Services Questions? 19 20 August 5, 2025 11 City Council Regular Meeting August 5, 2025 B3-APPROVE AGREEMENT FOR CONTRACT SERVICES WITH FLOCK GROUP, INC FOR AUTOMATIC LICENSE PLATE READER SYSTEM WITHIN LA QUINTA BOUNDARIES AND AUTHORIZE RIVERSIDE COUNTY SHERIFF’S OFFICE AS THE SYSTEM’S ADMINISTRATOR AND AUTHORIZED USER 21 22 August 5, 2025 12 Background • In 2020, The Riverside County Sheriff’s Office (RCSO) adopted the FLOCK automatic license plate reader (ALPR) system • RCSO recommended to install ALPR cameras to assist in public safety and investigations. • On March 7, 2023, staff introduced Flock ALPR System to Council. The system was approved during a public hearing on April 3, 2023. Contract Terms • The agreement will begin on April 15, 2025, and end on June 30, 2027. • The annual cost will be $207,000 (69 cameras at $3,000 per camera), which is a 20% increase from previous contract. • Included in the cost are the camera hardware, hardware maintenance, ALPR software, software updates, 30 days unlimited data storage, LTE connectivity (wireless transmission), solar panels, poles, mounting equipment and monitoring. 23 24 August 5, 2025 13 System Benefits •Real-Time Alerts: Instantly notifies law enforcement when vehicles of interest are detected. •Community Safety: Supports proactive policing and faster response times. •Enhances Law Enforcement Efficiency: Enables more effective and faster investigations and contributes to a safer community. Data Protection • The system does not capture faces or personal information and retains data for only 30 days. • RCSO exclusively has system access and manages all Flock cameras. • Per RCSO’s policy, ALPR data may only be used for official law enforcement purposes, and cannot be shared, transferred, or sold for any other use. 25 26 August 5, 2025 14 Questions 27 28 August 5, 2025 15 City Council Meeting August 5, 2025 PH 1 - Master Fee Schedule Update User and Regulatory Fees • Building • Planning • Public Works • Fire • NPDES inspection • STVR • False alarm response • Vehicle impound • Code Enforcement • Reserved Facility Rental • Administrative 29 30 August 5, 2025 16 • City Council has directed staff to periodically update the City’s Master Fee Schedule • Typically, a comprehensive study of fees and cost recovery is performed every five to seven years - The last Comprehensive Study completed was in 2019 • In years between comprehensive studies, fees are primarily updated to reflect annual Consumer Price Index (CPI) increases. - 2024 Interim Year CPI update, with majority of fees increased by 4.26% Background Background Communities generally use tax revenues to fund services that provide general (community-wide) benefit • Public works • Public safety • Park maintenance Communities generally use fees and charges (direct recovery) to fund services that provide direct benefit • Plan Review • Permitting • Inspection 31 32 August 5, 2025 17 Municipal Fees Why do Cities Review Fees and Charge Fees for Services? • Legal requirements • Encourage direct recovery of costs incurred to serve private interests/benefit or respond to individual actions • Provide opportunity for relief to General Fund or other Funds where costs are incurred • Enable continuity of service levels by improving cost recovery levels Fees are Approved By the City Council • The City Council has authority to Directly Approve User and Regulatory Fees and Increases to Fees • Fees proposed are not taxes, as defined by Article 13C of the California State Constitution • Fees are set in accordance with parameters set by Article 13C and by Section 66014 of the California Government Code: • Costs allocated to the payer should bear a fair or reasonable relationship to the payer's burdens on or benefits received from the governmental activity • Fees should not exceed the reasonable cost of providing the service for which the fee is charged 33 34 August 5, 2025 18 Cost of Service The cost of service sets the maximum limit of a cost-based fee. It includes: •Direct program costs for labor, services, and supplies •Departmental administration •Citywide administration and central support services 100%Hourly Rate for Personnel Providing Services Hourly Rate for Personnel Providing Services Time Required to Perform the Service Time Required to Perform the Service Cost of Service Cost of Servicex= Fully Burdened Hourly Rates: •Direct and indirect labor costs •Services and supplies •Agency overhead Estimated or Known Times for Providing Services Maximum Fee Amount Current Cost Recovery Full Cost of Service ($) Revenue from Current Fee ($) Amount of SUBSIDY from Other City Resources Proposed Level of Cost Recovery Maximum Level of Targeted Cost Recovery (100%) Minimum Level of Targeted Cost Recovery (0%) 35 36 August 5, 2025 19 Cost Recovery Policy Framework Cost recovery policy reflects local values regarding the presumed beneficiaries for each program area, ranging from community benefit to individual benefit Exclusively individual benefit Considerable individual benefit Balanced individual and community benefit Considerable community benefit Mostly community benefit Entirely community-wide benefit Co s t R e c o v e r y T a r g e t e d Hourly Rates for Service Full CostProposedCurrentFee Service Area $206$199$191Planning $203$199$191Public Works $199$199$191Building $199$199$191Fire Prevention 37 38 August 5, 2025 20 Primary Changes • 4% increase for most fees in Building, Planning, Public Works, and Fire Prevention • No changes to STVR Permit Fees • Minor changes to other fees to better align to cost of service Primary Changes 39 40 August 5, 2025 21 Revenue Impact Based on historical revenues and permit volume, the adjusted fees may generate an additional $60,000 in annual revenue. Notice and Outreach 41 42 August 5, 2025 22 43