Agenda packet — La Quinta City Council, January 16, 2024 (part 3 of 5)

Exhibit A
Scope of Services

1. Services to be Provided:

Installation of new playground equipment and safety surface materials in La Quinta Park located on the corner of Blackhawk Way and Adams Street. 260 CLICK HERE to Return to Agenda
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ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 270 CLICK HERE to Return to Agenda
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its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.

Contracting Party shall require the same of all subcontractors.

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

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

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 271 CLICK HERE to Return to Agenda
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(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.

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

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 272 CLICK HERE to Return to Agenda
Exhibit B

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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Four-Hundred Fifteen Thousand, FourHundred and Fifty Dollars ($415,450) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in one lump sum (minus retention) on completion of installation and satisfactory CPSI inspections in the 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. 273 CLICK HERE to Return to Agenda
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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.

Work shall commence on an agreed upon date on or around January 30, 2024, and terminate on completion and acceptance of installation on or before September 30, 2024.
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Exhibit D
Special Requirements
Contractor is responsible to pull required City permits (fees will be waived) and schedule required inspections. Contractor is responsible to pay re-inspection fees if incurred should the work not be completed in time for the inspection as called in by the contractor.

Contractor is responsible to ensure all measurements are accurate. Contractor is responsible for mobilization, storage of materials, and any required pedestrian and/or traffic control.

Contractor is to coordinate installation of play equipment following installation of new shade structures to be installed by USA Shade.
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Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:

Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.

Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such 279 CLICK HERE to Return to Agenda
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person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.

Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.

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:
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1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.

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

3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.

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

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

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

7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.

8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting 281 CLICK HERE to Return to Agenda
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Party, provide the same minimum insurance coverage required of Contracting Party.

Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.

10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.

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

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

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

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

15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
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16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

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

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

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

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

There shall be no recourse against City for payment of premiums or other amounts with respect thereto.

21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement.

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 283 CLICK HERE to Return to Agenda
Exhibit F

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Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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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. 285 CLICK HERE to Return to Agenda
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ATTACHMENT 2

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 Shade Structures, Inc. dba USA SHADE & Fabric Structures, Inc. (“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 Project No. 2023-25 LQ Park Playground Shade; as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

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

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

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

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be 287 CLICK HERE to Return to Agenda
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performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

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

1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence. The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.

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

Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.
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1.8 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in “Exhibit D” (the “Special Requirements”), which is incorporated herein by this reference and expressly made a part hereof. In the event of a conflict between the provisions of the Special Requirements and any other provisions of this Agreement, the provisions of the Special Requirements shall govern.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount of Four-Hundred, Eighty-Two Thousand, ThreeHundred and Fifty-Four Dollars ($482,354). (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include progress payments or 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.

Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any 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 289 CLICK HERE to Return to Agenda
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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 mutually agreed upon Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.

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

3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article

8.0 of this Agreement, the term of this agreement shall commence on or around January 30, 2024, and terminate on completion and acceptance of installation on or around July 30, 2024.

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:
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(a) Name: David Schneider
Tel No. 214-601-1518
E-mail: [email protected]
(b) Name: Ashley Donde
Tel No. 714-427-6981
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as Dianne Hansen, Maintenance & Operation Superintendent or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.

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

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

4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. 291 CLICK HERE to Return to Agenda
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City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

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

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

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

6. INDEMNIFICATION.

6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.

7. RECORDS AND REPORTS.

7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books 293 CLICK HERE to Return to Agenda
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and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

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

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

7.4 In the event City or any person, firm, or corporation authorized by City reuses said Documents and Materials without written verification or adaptation by Contracting Party for the specific purpose intended and causes to be made or makes any changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

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

7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, 294 CLICK HERE to Return to Agenda
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to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

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

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

8. ENFORCEMENT OF AGREEMENT.

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

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, 295 CLICK HERE to Return to Agenda
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safety, or general welfare, City may take such immediate action as City deems warranted.

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

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

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

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

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

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 296 CLICK HERE to Return to Agenda
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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.

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

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

10. MISCELLANEOUS PROVISIONS.

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

To City:

CITY OF LA QUINTA
Attention: Dianne Hansen
M&O Superintendent
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

USA SHADE and Fabric Structures. Inc.

Attention: Ashley Donde
Senior Regional Manager
1085 N. Main Street, Suite C
Oran, CA 92867

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

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

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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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]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below.

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

CONTRACTING PARTY:

By:

Name: David Schneider
Title: Vice President___________
ATTEST:

MONIKA RADEVA, City Clerk
La Quinta, California
By:

Name: Virginia Marquez _____
Title: Assistant Secretary ____
APPROVED AS TO FORM:

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

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Exhibit A
Scope of Services

1. Services to be Provided:

Installation of new shade structure over the playground in La Quinta Park located at the corner of Black Hawk Way and Adams Street.
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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Exhibit A

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Contracting Party shall require the same of all subcontractors.

City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.

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

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Progress billings to be submitted by Contractor, final retention amount (5%) to be paid on completion and acceptance of the shade structure for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.

Work shall commence on an agreed upon date on or around January 30, 2024, and terminate on completion and acceptance of installation on or before July 30, 2024. 310 CLICK HERE to Return to Agenda
Exhibit D

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Shade structure posts/frame is to be white with blue and yellow fabric colors.

Contractor is responsible to ensure all measurements are accurate. Contractor is responsible for mobilization, storage of materials, site protection, and any required pedestrian and/or traffic control.
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Exhibit E

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Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:

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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.

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.

Exercise of 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.

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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.

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 314 CLICK HERE to Return to Agenda
Exhibit E

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Party, provide the same minimum insurance coverage required of Contracting Party.

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

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. 316 CLICK HERE to Return to Agenda
Exhibit F

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d. Indemnification Provision for Design Professionals.

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 PlayCore Wisconsin, Inc., dba GameTime (“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 Project No 2023-26 LQ Park Fitness Equipment as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

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.

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be 319 CLICK HERE to Return to Agenda
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performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

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.

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

The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation. Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any 321 CLICK HERE to Return to Agenda
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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.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on or around January 30, 2024, and terminate on or around June 30, 2024 on completion and acceptance of installation. This Agreement may be extended due to unforeseeable delays upon mutual agreement by both parties (“Extended Term”), and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of 322 CLICK HERE to Return to Agenda
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Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Playcore Wisconsin dba GameTime, Inc.

P.O. Box 680121
Fort Payne, AL 35968
ATTN: Clint Whiteside
(b) City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
ATTN: Dianne Hansen, M&O Superintendent
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 Dianne Hansen, Maintenance & Operations Superintendent or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.

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

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

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 324 CLICK HERE to Return to Agenda
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Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

6. INDEMNIFICATION.

7. RECORDS AND REPORTS.

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 325 CLICK HERE to Return to Agenda
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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.

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 326 CLICK HERE to Return to Agenda
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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.

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

8. ENFORCEMENT OF AGREEMENT.

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 327 CLICK HERE to Return to Agenda
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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.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule 328 CLICK HERE to Return to Agenda
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of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

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. 329 CLICK HERE to Return to Agenda
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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.

10. MISCELLANEOUS PROVISIONS.

To City:

CITY OF LA QUINTA
Attention: Dianne Hansen,
M&O Superintendent
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

PlayCore Inc., Wisconsin dba GameTime, Inc
Attention: Clint Whiteside
P.O. Box 680121
Fort Payne, AL 35967

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

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

CONTRACTING PARTY:

By:

Name: Clint Whiteside
Title: Director of Sales
ATTEST:

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

Name:

Title:

APPROVED AS TO FORM:

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

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Exhibit A
Scope of Services

1. Services to be Provided:

Installation of Fitness Equipment at three locations around the perimeter walkway at La Quinta Park located at the corner of Blackhawk Way and Adams Street.
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Exhibit A

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334 CLICK HERE to Return to Agenda
Exhibit A

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335 CLICK HERE to Return to Agenda
Exhibit A

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Contracting Party shall require the same of all subcontractors.

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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Fifty-Six Thousand, Two-Hundred and Eighty-Nine Dollars ($56,289) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in one lump sum (minus the five percent (5%) retention) on completion of the installation of equipment 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. 339 CLICK HERE to Return to Agenda
Exhibit C

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Install new Fitness Equipment in three locations around the perimeter walking path at La Quinta Park.

Work shall commence on an agreed upon date on or around January 30, 2024, and terminate on completion and acceptance of installation on or before June 30, 2024. 340 CLICK HERE to Return to Agenda
Exhibit D

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Exhibit D
Special Requirements
Contractor is responsible for pedestrian traffic control, equipment storage, and construction fencing.
341 CLICK HERE to Return to Agenda
Exhibit E

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Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:

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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.

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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 344 CLICK HERE to Return to Agenda
Exhibit E

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Party, provide the same minimum insurance coverage required of Contracting Party.

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

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. 346 CLICK HERE to Return to Agenda
Exhibit F

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d. Indemnification Provision for Design Professionals.

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. 348 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO APPROVE A POLICY FOR FORMATION

OF LAND-SECURED FINANCING DISTRICTS

RECOMMENDATION
Adopt a resolution to approve a policy for Formation of Land-Secured Financing Districts.

EXECUTIVE SUMMARY
• The City’s policy for the Formation of Land-Secured Financing Districts (Policy) was last updated in February 1999. A Policy review was subsequently conducted to align it with other City policies and updates to state laws. • Land-Secured Financing Districts (Districts) include Community Facilities Districts and Assessment Districts. The Districts are formed for the purpose of financing projects that address a public need and/or provide a public benefit.

FISCAL IMPACT – None.

BACKGROUND
The City’s Policy was last updated and approved in February 1999. The Policy sets forth policies and procedures regarding the formation of Community Facilities Districts and Assessment Districts, and is required under Government Code §53312.7.

On October 17, 2023, Council considered amendments to meet legal requirements as well as to provide consistency, clarification, and facilitate more efficient processes. The proposed updated Policy is shown in Exhibit A to the accompanying resolution.

The primary changes entail:
• Addition of the applicable code sections and/or Act names that govern the formation of Districts.
• Update of various City staff titles.
• Increase of deposit amount to adequately cover professional services at current market rates.
• Clarification regarding minimum District size, and addition of alternative financing programs should the City’s minimum not be met.

BUSINESS SESSION ITEM NO. 2
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• Additional section regarding how special taxes will be calculated and levied, and specifying maximum tax rate and maximum annual escalator. • Addition of Joint Community Facilities Agreements and Enhanced Infrastructure Financing Districts.

ALTERNATIVES
Council may approve as presented, incorporate changes, or request further review.

Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Jon McMillen, City Manager
350 CLICK HERE to Return to Agenda
RESOLUTION NO. 2024 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, ADOPTING A POLICY FOR

FORMATION OF LAND-SECURED FINANCING

DISTRICTS
WHEREAS, the Mello-Roos Community Facilities Act of 1982, the Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 allow for the use of certain types of debt financing secured by land values, when the proceeds of such debt are utilized for projects that address a public need and provide a public benefit; and
WHEREAS, California Government Code Section 53312.7 requires that a local agency adopt local policies concerning the use of the Mello-Roos Community Facilities Act; and
WHEREAS, a land-secured financing policy provides transparency to citizens and developers who may wish to initiate proceedings to establish a Community Facilities Districts and/or Assessment District; and
WHEREAS, a land-secured financing policy provides a guideline to city employees for consideration of, and subsequent formation of, Community Facilities Districts and/or Assessment Districts.

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

SECTION 1. Resolution No. 1999-24 adopted on February 2, 1999, is hereby repealed, and this Resolution supersedes all prior land-secured financing district policies adopted by Council.

SECTION 2. The land-secured financing district policy attached hereto as Exhibit A and incorporated herein by this reference shall govern the establishment of Community Facilities Districts and Assessment Districts.

SECTION 3. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

SECTION 5. This Resolution shall become effective upon adoption. The Formation of Land-Secured Financing Districts Policy adopted by this Resolution shall go into effect immediately.
351 CLICK HERE to Return to Agenda
Resolution No. 2024 – XXX
Formation of Land-Secured Financing Districts Policy
Adopted: January 16, 2024

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

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
352 CLICK HERE to Return to Agenda
Resolution No. 2024 – XXX
Formation of Land-Secured Financing Districts Policy
Adopted: January 16, 2024

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POLICY FOR FORMATION OF LAND-SECURED FINANCING

DISTRICTS

INTRODUCTION
This Policy for Formation of Land-Secured Financing Districts (the “Policy”) contained herein provides guidance and conditions for the conduct by the City of La Qunita (the “City”) of proceedings for, and the issuance of bonds secured by special taxes and assessments levied in, a community facilities district ("CFD") or assessment district (“AD”). CFDs and ADs together are referred to as “Districts” in the plural or “District” in the singular. Pursuant to Sections 53311 et seq., of the Government Code and MelloRoos Community Facilities Act of 1982 (the "CFD Act"), the City is authorized to form a CFD. Pursuant to the Streets and Highways Code under Sections 5000 et seq. and the Municipal Improvement Act of 1911, Sections 8500 et seq. and the Improvement Bond Act of 1915, and Sections 10000 et seq. and the Municipal Improvement Act of 1913 (collectively the “AD Acts”), the City is authorized to form an AD. Any portion of the Policy may be supplemented or amended or deviated from upon a determination by the City Council that such supplement, amendment, or deviation is necessary or desirable.

It is the City’s goal to support projects that address a public need and provide a public benefit. Proposed projects requesting special assessment or community facility district debt financing will be evaluated to determine if such financing is financially viable and in the best interest of the City as well as current and future City and project residents.

The City will consider developer or property owner-initiated applications requesting the formation of CFDs or ADs and the issuance of bonds to finance eligible public facilities necessary to serve newly developing residential, commercial, or industrial projects. The types of public facilities eligible to be financed include, but are not limited to: streets, roads, utility facilities, drainage facilities, or regional public facilities. Parks and library facilities may be financed on a case-by-case basis. Additionally, the City may finance any one or more of the types of services specified in Section 53313 of the CFD Act. Facilities and services will be financed in accordance with the provisions of the CFD Act and AD Acts. Existing residential neighborhoods may apply to the City for the use of the assessment financing to fund local or neighborhood-serving facilities, such as undergrounding utilities, storm drains, streets, alleys, and sidewalk improvements, in accordance with the AD Acts.

The City shall make the determination as to whether a proposed District shall proceed under the provisions of the AD Acts or the CFD Act. The City may confer with other District consultants and the applicant to learn of any unique District requirements, such as regional serving facilities or long-term development phasing, prior to making any final determination.

All City and consultant costs incurred in the evaluation of new development, District applications and the establishment of Districts will be paid by the applicant(s) by advance

EXHIBIT A
353 CLICK HERE to Return to Agenda
Resolution No. 2024 – XXX
Formation of Land-Secured Financing Districts Policy
Adopted: January 16, 2024

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deposits in those instances where a proposed District has been initiated by a party or parties other than the City. The City may incur expenses for analyzing proposed assessment or community facilities districts where the City is the principal proponent of the formation or financing of the District. Expenses not legally reimbursable by the District shall be borne by the applicant.

OVERVIEW OF APPLICATION PROCESS
Early communication with the City is encouraged to assist applicants in evaluating the feasibility of available financing programs and to discuss program procedures. The following details a typical District application review and approval process.

A. Pre-application Conference: Applicant meets with representatives of any potentially affected City departments, which may include the Design & Development Director, Business Unit/Housing Director, the Finance Director, and/or their designee(s) to discuss the proposed project and application procedures.

B. Pre-application Submission: Applicant submits a pre-application with a $50,000 deposit.

C. Project Review: The City Staff and/or consultants will meet to discuss the pre- application, including any issues raised and further information that might be required. If necessary, applicant submits revised preapplication. Once the District's application is accepted by City Staff, it will be reviewed by a City assessment and financing team consisting of, but not limited to, the City Manager, Design & Development Director, Business Unit/Housing Director, Finance Director, City Attorney, and/or their designee(s), based on the needs of the project. If the project is denied, a letter will be sent advising the applicant of the denial. If the project is to be considered, an application packet will be sent to the applicant.

D. Application Processing: Upon City Staff's determination that the application package is complete, City Staff prepares a report to the City Manager, or the Manager's designee, who will then forward the application for district formation and project financing, along with the City Manager's recommendation of additional financing team members or consultants, to the City Council for further action. If the City Manager determines that the project does not meet the community's social or economic needs, the deposit, less incurred expenses, will be refunded to the applicant. If the applicant retracts their application, the deposit may be refunded less incurred expenses.

E. City Council Consideration: The City Council approves or denies the application. If approval is granted, the City Council directs the City Manager, or the designee, to engage additional consultants, which may 354 CLICK HERE to Return to Agenda
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include, but not be limited to; a certified appraiser, price point consultant, market absorption study consultant, special tax consultant, municipal advisor, underwriter, bond counsel, disclosure counsel, fiscal agent, trustee, and assessment engineer. This includes issuance of Requests for Proposals, negotiation of necessary contracts, and the collection of additional developer deposits as may be necessary.

F. Project Initiation: City Staff submits contracts, reimbursement agreements, bond documents, and other pertinent items for consideration to the City Council, as required.

G. Project Implementation: Applicant, City Staff, and consultants meet to determine preliminary project schedule and begin work necessary to complete District formation and financing.

PROGRAM REQUIREMENTS
A. District Size: In general, the City will not form a CFD, or improvement areas within a CFD, and issue bonds for projects with less than 100 units for reasons of cost effectiveness and default risk mitigation. The District formation of smaller CFDs, or improvement areas within a CFD, will be considered on a case-by-case basis.

Please refer to Section IV for “Alternative Financing Mechanisms”.

B. Eligible Public Facilities and Services: Facilities to be financed must be public facilities (“Public Facilities”) for which the City, or a public agency as determined appropriate by the City, will be the owner or will have normal operating and maintenance responsibility. The financing of Public Facilities to be owned and operated by public agencies other than the City shall be considered on a case-bycase basis (see Section IV. A for a discussion of JCFAs). The types of Public Facilities eligible to be financed include, but are not limited to:

1. Streets and Roads.

2. Utilities and Drainage Facilities.

3. Regional Public Facilities (as permitted under the CFD Act). Parks and library facilities may be financed on a case-by-case basis.

The City has final determination as to any facility's eligibility for financing, as well as the prioritization of Public Facilities to be included within a District financing.

Use of bond proceeds for grading and right-of-way acquisition will be reviewed by the City and bond counsel on a case-by-case basis.

Additionally, the City may finance any one or more of the types of services specified in Section 53313 of the CFD Act. Priority for CFD financing shall be given to services provided by or directly benefiting the City and, if multiple services are 355 CLICK HERE to Return to Agenda
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to be financed, with no service having priority over another service; provided, however, the City has final determination as to any service’s eligibility for financing.

The City shall not finance services on behalf of other public agencies.

C. Use of Consultants: The City shall either select or have the right of refusal over all consultants necessary for the formation of the District and the issuance of Bonds, including the underwriter(s), application analysis consultants, bond counsel, disclosure counsel, fiscal agent, trustee, municipal advisor, assessment engineer, appraiser, market absorption and/or price point consultant, and the special tax consultant. The appraiser should be credentialed by the State of California Office of Real Estate Appraisers and be a Member of the Appraisal Institute (MAI) and the appraisal shall be conducted in accordance with criteria, standards and assumptions in accordance with the California Debt and Investment Advisory Commission (CDIAC) Appraisal Standards for Land-Secured Financings and reflect the Uniform Standards of Professional Appraisal Practice of the Appraisal Foundation.

City Staff may confer with the applicant, but consent of the applicant is not required in the determination by the City of the consulting and financing team.

The need for district consultants and the scope of their services shall be determined by City Staff on a case-by-case basis with consideration given to market conditions and the nature of the District and financing(s).

D. District Cost Deposits and Reimbursements: All City and consultant costs incurred in the evaluation of District applications and the establishment of Districts shall be paid by the applicant through advance deposits. The City shall not incur any expenses for processing and administering ADs or CFDs. Expenses not chargeable to the District shall be directly borne by the applicant.

Each pre-application for the formation of an AD or CFD shall be accompanied by a $50,000 initial deposit to fund consultant and staff costs associated with district review and implementation. If the costs incurred or projected will cause the balance of the deposit to fall below $5,000, the City shall make written demand upon the applicant for such funds sufficient to cover such costs and the applicant shall comply with the demand within fourteen (14) calendar days of receipt of such notice. If the applicant fails to make any deposit of additional funds for the proceedings, the City may, as its sole option, suspend all proceedings until receipt of such additional deposit.

The deposits shall be used by the City to pay costs and expenses incurred by the City incident to the proceedings, including, but not limited to, legal, engineering, appraisal, special tax consultant, application analysis consultants and financial advisory fees and expenses; administrative costs and expenses; required notifications; and printing and publication of legal matters.

The District shall refund any unexpended portion of the deposits upon the following 356 CLICK HERE to Return to Agenda
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conditions:

1. The District is not formed;

2. The proceedings for formation of the District or issuance of Bonds is disapproved by the City; or

3. The proceedings for formation of the District or issuance of Bonds is abandoned in writing by the applicant.

Pursuant to the adoption of a reimbursement resolution, and in accordance with any and all applicable laws and regulations, the applicant shall be entitled to reimbursement from Bond proceeds for all reasonable costs and expenses incident to the proceedings and construction of the Public Facilities as provided under the CFD Act or AD Acts.

All such costs and expenses will be limited to those District-related consultants hired by the City and invoices shall be verified by the City as a condition of reimbursement.

The applicant or property owner shall not be entitled to reimbursement from Bond proceeds for any of the expenses specified as follows:

1. In-house administrative and overhead expenses incurred by the applicant;

2. Interest expense incurred by the applicant on moneys advanced or expended during the proceedings and construction of public facilities; and

3. Any other costs and expenses incurred by the applicant which are not otherwise authorized for reimbursement under the CFD Act, the AD Acts, or any other applicable laws and regulations.

Under no circumstances shall the City accrue or pay any interest on any portion of the deposit. Neither the City nor the District shall be required to reimburse the applicant or property owner from any funds other than the proceeds of Bonds issued by the District.

E. Developer Support: In the instance of multiple owners, the applicant shall be required to produce letters evidencing support by the other property owners for the scope and establishment of the district as an attachment to the District application.

Formation of the district may require concurrence of 100% of the other property owners to be included in the proposed district, unless there is an overriding need for the Public Facilities, or the applicant is willing to separately fund the Public Facilities on the non-participating property(s).
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The minimum amount of requested financing that will be considered by the City is three million dollars ($3,000,000) net bond proceeds with no more than 10% for engineering and design costs. Please refer to Section IV for “Alternative Financing Mechanisms”.

F. Property Owner Support - Existing Neighborhoods: In the instance of multiple property owners, the applicant shall be required to produce letters evidencing support by the other property owners for the scope and establishment of the District as an attachment to the District application. Formation of the District will require proof of overwhelming support of the other property owners to be included in the proposed District, unless there is an overriding need for the Public facilities, or the applicant is willing to separately fund the Public Facilities on the non-participating property(s).

G. Land Use Approvals: The City will accept applications for the formation of ADs and/or CFDs only when properties to be included within a proposed district have City site plan and other applicable zoning approval.

H. Security: For new development, the applicant or property owner must demonstrate its financial plan and ability to pay all assessments and/or special taxes before full build-out has taken place. Additional security such as credit enhancement may be required by the City in certain instances.

If the City requires letters of credit or other security, the credit enhancement shall be insured by an institution in a form and upon terms and conditions satisfactory to the City. All fees payable on the letter of credit or other security shall be the sole responsibility of the applicant or developer, not the City or the District. Any security required to be provided by the applicant shall be discharged by the City upon the opinion of a certified appraiser retained by the City, that a value-to-lien ratio of 4.0 to 1 (as described further herein) has been attained.

Prior to the City Council's approval of District formation, any property owner that will be responsible for more than twenty percent (20%) of the aggregate special taxes or assessment installments within the District will, at City Staff's request, provide detailed information regarding the following:

1. Legal structure of the title-holding entity, and the legal structure of the owners or partners thereof;

2. Detailed, externally prepared financial statements of the propertyowning entity and, if the owning entity is a subsidiary or affiliate of another entity, detailed audited financial statements of such parent or affiliate are required;

3. A list of bank, credit or investment references who the City may 358 CLICK HERE to Return to Agenda
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contact;

4. A list of other cities or agencies in which the developer or its parent or affiliate company have participated in financing district formation and bond sales; and

5. A comprehensive property development financial pro forma detailing development costs and funding sources, whether from equity, bank, investor or bond proceeds sources. The pro forma must clearly identify the timing and amount of private funds required to develop the project and pay the installments or taxes pending project completion and sale. The developer will be expected to demonstrate the level of certainty of obtaining and the sources of such private funds.

The City will use the above information in assessing whether or not to proceed with formation of the District.

I. Disclosure to Purchasers: The applicant or property owner will be required to disclose this and any other special tax, assessment or other liens on individual parcels to existing and future property owners. In addition to all requirements of law, the City may require the applicant to provide disclosure of such information to the purchasers of property within the District and the terms and conditions of Bonds issued on behalf of the District. Such disclosure requirement may include notifications to potential property purchasers, as well as methods to notify subsequent property purchasers.

J. Value-To-Lien Ratio: The District (or improvement area) property value-to-lien ratio should be at least 4.0 to 1 after including in an appraisal the value of the financed Public Facilities to be installed and including as part of the lien any prior or pending special taxes or improvement liens. Individual properties within the boundaries of the proposed District must also meet a minimum value-to-lien test of 3.0 to 1 on a parcel-by-parcel basis.

The value-to-lien ratio shall be determined based upon an independent certified appraisal of the proposed District. The appraisal shall be coordinated by and under the direction of the City. All costs associated with the preparation of the appraisal report shall be paid by the applicant through the advance deposit mechanism. The appraisal shall be conducted in accordance with criteria established by the City.

In every case, the appraisal shall employ either a discounted cash flow analysis or use bulk sale comparables.

Upon receiving an appraisal and determining the value-to-lien ratio, the City shall apply the following criteria:

1. If the value-to-lien ratio is 4.0 to 1 or greater, the City will not require 359 CLICK HERE to Return to Agenda
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a letter of credit or other security to secure payment of the special taxes or assessments to be levied annually on properties within the District. However, letters of credit or other security may be required for individual parcels within the District that have a value-to-lien of less than 3.0 to 1.

2. If the value-to-lien ratio is less than 4.0 to 1, the City shall require letters of credit or other security to secure payment of the special taxes or assessments on properties within the District or may elect to abandon the District.

K. Special Taxes: Special taxes shall be levied according to the respective Rate and Method of Apportionment, however special tax formulas for CFDs shall provide for minimum special tax levels which satisfy the following obligations of all CFDs: (a) at least 110 percent (110%) of debt service on all CFD bonds due each year, (b) the reasonable and necessary administrative expenses of the CFD, and (c) amounts equal to the differences between expected earnings on any escrow fund and the interest payments due on bonds of the CFD. The special tax formula shall be reasonable and equitable in allocating public facilities’ costs to parcels within the CFD.

The maximum special tax authorized to be levied on any parcel to finance the acquisition or construction of public facilities shall not escalate more than two percent (2%) per year. The annual administrative expenses may also escalate up to two percent (2%) per year.

The maximum special tax authorized to be levied on any parcel, whether authorized to be used for residential or non-residential purposes, to finance maintenance, rehabilitation or services may be subject to annual escalation as provided for in the rate and method of apportionment of such special taxes to compensate for inflationary increases in the costs of providing such maintenance and services. The increase in the special tax authorized to be levied on any parcel within a CFD as a consequence of delinquency or default by the owner of any other parcel may not exceed the maximum tax, if any, specified in the CFD Act.

The City does allow the levying of the special tax for pay-as-you-go (PayGo) purposes before CFD bonds are issued. After the last bond sale and the lien closes, the City will levy only enough special taxes to meet the requirements outlined in the first paragraph of this section.

The City will limit special tax rates for Districts to a reasonable level to protect ratepayers.

1. The total cumulative burden of all applicable special district overlapping taxes applied to a property (the “effective tax rate”) will be at or below two percent (2%) at the time the District is formed and at the time of debt 360 CLICK HERE to Return to Agenda
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issuance;

2. The effective tax rate will be evaluated no earlier than 90 days prior to the pricing of any proposed debt issuance. If the effective tax rate is above two percent (2%) at the time of evaluation, the size of the proposed debt issuance will be adjusted to bring the effective tax rate within compliance of the two percent (2%) effective tax rate policy requirement; and

3. The property developer/seller shall provide a written notice of the special tax to the homebuyer prior to close of escrow. The City may require the property developer to provide documentation and certification of compliance with special tax disclosure obligation prior to the issuance of debt.

L. Terms and Conditions of Bonds: All terms and conditions of the bonds shall be established by the City. The City will control, manage and invest all District issued Bond proceeds. Unless otherwise authorized by the City, the following shall serve as Bond requirements:

1. In most cases, a reserve fund equal to the lesser of (i) 10% of the original proceeds of the bond issue, (ii) the maximum annual debt service on the bonds, or (iii) 125% of the average annual debt service on the bonds will be required. A smaller reserve fund may be required by the City for bond issues where development thresholds identified by the City have been met. A reserve fund may not be required for direct placements.

2. The special taxes or annual assessments shall be levied for the first fiscal year following sale of the Bonds for which they may be levied.

Interest shall not be funded (capitalized) beyond the earliest interest payment date for which sufficient special tax revenues or annual assessment will be available for payment of interest.

3. The repayment of principal shall begin on the earliest date for which sufficient special tax revenues or annual assessments can be made available.

4. Beginning with commencement of the repayment of principal, annual debt service shall be level.

5. The maximum special tax shall be established to assure that the annual revenue produced by levy of the maximum special tax shall be equal to at least 110% of the average annual debt service.

6. In instances where multiple series of Bonds are to be issued, the City shall make a final determination as to which Public Facilities are of the 361 CLICK HERE to Return to Agenda
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highest priority and those Public Facilities will be financed first and will be subject to the earliest or most senior lien.

7. The City may require that each new District bond financing refund any prior liens, if they exist on properties included in the District in order to avoid subordinated liens. Instances where prior liens may not require refunding are: (1) where refunding prior liens will result in higher interest cost, (2) where there can be assurance that prior liens may pose no marketing problems for the new District Bonds, or (3) where refunding prior liens may present future administrative difficulties to the City or other affected public entities.

ALTERNATIVE FINANCING MECHANISMS
A. Joint Community Facilities Agreements: The funding of public facilities to be owned and operated by public agencies other than the City shall be considered on a case-by-case basis. If the City implements a special district program involving facilities to be ultimately owned and operated by the City and certain other fees and/or facilities to be owned and operated by another entity, the City will be the lead agency and after entering into a Joint Community Facilities Agreement (JCFA) with the other agency(ies), priority of funds will be established, with the City’s cost for facilities and fees being the first priority. A minimum of 50% of the public improvements must be dedicated to the City.

For JCFAs where the City is not the lead agency, the City will consider entering into a JCFA only if the applicable lead agency agrees that (i) if and when the lead agency determines to issue bonds, the lead agency shall take such actions necessary in its reasonable discretion to ensure the total effective tax rate within the applicable District does not exceed two percent (2%) at the time of bond sale, and (ii) lead agency shall not include the City’s name on property owners’ special tax bills within the lead agency CFD.

JCFAs must be entered into prior to, or at the time of, formation of the District or not later than first bond sale.

B. Enhanced Infrastructure Financing Districts (EIFDs): California Government Code Sections 53398.50-53398.88 (“EIFD Law”) enables cities and counties in the state of California to form enhanced infrastructure financing districts (“EIFDs”) as a means of funding public improvements that provide community wide benefit. An EIFD may finance the purchase, construction, expansion, or improvement of projects with a useful life of 15 years or longer, as well as ongoing capitalized maintenance of such projects. To fund such improvements, the EIFD Law provides that an EIFD may issue bonds payable from or utilize pay-as-you-go revenue generated from, property tax increment and certain other revenues of participating forming entities. The net effect is that in EIFD areas, the City will realize tax revenues on a portion of the taxes generated in an EIFD area including:
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1) on the “frozen” tax base; and 2) on the remaining portion of increment, after the City Council approved percentage of increment has been allocated to the EIFD.

EIFDs can be used instead of CFDs, or in conjunction if structured so that the tax increment generated from the project under the EIFD will be sufficient to cover the debt service on the CFD bonds. Generally, because tax increment revenue is the result of increases in assessed value within the district, an EIFD will be most effective in areas with significant portions of undeveloped or underdeveloped land.

The City does not prohibit the establishment of EIFDs. Formation of a new EIFD and debt issued for an EIFD will be considered on a case-by-case basis, upon evaluating feasibility, cost benefit, and a review of financing tools to complement an EIFD measure.

C. Alternative Financing Programs: The City recognizes alternative financing programs such as: (i) the Statewide Community Infrastructure Program (SCIP) offered through California Statewide Communities Development Authority (CSCDA); (ii) the Bond Opportunities for Land Development (BOLD) program offered through California Municipal Finance Authority (CMFA); and (iii) the Bonds Assisting New Development (BAND) program offered through California Enterprise Development Authority (CEDA).

If such a program has not already been approved by the City, the City does not prohibit such programs to apply for CFD formation and financing. If the proposed CFD or improvement areas within a CFD is comprised of more than 100 units and/or more than three million ($3,000,000) in amount of requested net bond proceeds, the City will be the lead agency (in the absence of a JCFA). If the proposed CFD or improvement areas within a CFD is comprised of less than 100 units and/or less than three million ($3,000,000) in amount of requested net bond proceeds, the alternative financing programs described in this section may apply.

Disclosure
The City shall determine, in its sole judgment after consultation with attorneys and experts, what financial and development information provided by the developer will be disclosed in the Official Statement for the bonds. The City intends to generally follow the procedures and recommendations set forth in the California Debt Advisory Commission's publication Disclosure Guidelines for Land-Based Securities. The developer will be required to review such disclosure, and to sign a certificate that the disclosure is complete and accurate, and that it does not fail to include material facts.

The City will also determine, in its sole judgement, after consultation with attorneys and experts, what financial and development information provided by the developer will be included in annual secondary market disclosure materials required by Securities and Exchange Commission Rule 15c2-12. The developer will execute an agreement with the City pledging to provide the required data according to a given schedule. Generally, the developer's obligation to provide continuing disclosure data will terminate when the developer's share of total debt service revenues falls below a threshold of 20%. 363 CLICK HERE to Return to Agenda
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The City will make its best efforts not to disclose any information in the initial offering not reviewed and approved by the developer(s). Applicants should be aware that, absent such review and approval, the City may not issue any bonds.

Acquisition Provisions
The City generally will provide for acquisition Districts. The City shall have final determination as to whether and to what extent it will allow the financing of Public Facilities through acquisition.

In the event the acquisition provisions of the AD Acts or CFD Act are used, the City and the applicant or property owner shall mutually agree upon Public Facilities to be acquired and the method of determining reasonable acquisition cost. A funding and acquisition agreement shall be required and approved by the City Council on or prior to the adoption of the resolution of intention to form the District.

Exceptions to these Policies
The City may find in limited and exceptional instances that a waiver to any of the above stated policies is warranted given identified special City benefits to be derived from such waiver. Such waivers are granted only by action of the City Council and based upon specific public purpose, economic and/or health and safety findings. 364 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE FISCAL YEAR 2022/23 GENERAL FUND YEAREND BUDGET REPORT AND APPROVE THE AMENDED BUDGET CARRYOVERS

RECOMMENDATION
Receive and file Fiscal Year 2022/23 General Fund Year-End Budget Report and approve the amended budget carryovers from 2022/23 to 2023/24.

EXECUTIVE SUMMARY
• After closing the prior fiscal year, Finance presents a year-end summary that compares the final budget to actual transactions.
• Revenue was approximately $5.6 million higher than budgeted. • Expenditures (including approved carryovers from 2021/22 into 2022/23) were $48.3 million under budget. Of these savings, approximately $25.2 million will be carried over to 2023/24 for General Fund capital improvements and operations, for a net savings of $23.1 million. In addition, $13.8 million was allocated to Measure G reserves.

FISCAL IMPACT
Amended budget carryovers from 2022/23 to 2023/24 total $32,846,582 for all Funds and are funded with budgetary savings from 2022/23.

ESTIMATED REVISED
General Fund (101) - Operating $ 950,000 $ 2,600,009
General Fund (101) - Capital Improvements $ 13,000,000 $ 22,623,372 Gas Tax Fund (201) $ 300,000 $ 300,000
Lighting & Landscape Fund (215) $ 100,000 $ 167,000
Housing Authority Fund (241) $ 400,000 $ 400,000
RDA Low-Mod Housing Fund (243) $ - $ 50,000
2011 Bond Fund (249) $ 3,624,192 $ 4,961,201
Facility and Fleet Replacement Fund (501) $ 150,000 $ 700,000 Information Technology Fund (502) $ - $ 195,000
Park Equipment & Facility Fund (503) $ 200,000 $ 850,000 $ 18,724,192 $ 32,846,582

CARRYOVER TOTALS BY FUND

TOTAL CARRYOVERS BY FUND
BUSINESS SESSION ITEM NO. 3
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BACKGROUND/ANALYSIS
The Fiscal Year 2022/23 General Fund Year-End Budget Report (Report) focuses on the General Fund. Revenues were over budget by $5,656,391 mostly due to tax revenues.

Overall, all department expenditures were under budget with total savings of $48,300,324. Of these savings, $25,223,381 will be carried over to 2023/24 for multi-year capital projects and operations.

Revenues, expenditures, carryovers, reserve balances, and a year-over-year comparison are discussed in the Fiscal Year 2022/23 General Fund Year-End Budget Report (Attachment 1).

ALTERNATIVES
Council may request additional information regarding this report before approving the recommended amended budget carryovers.

Prepared by: Claudia Martinez, Finance Director
Approved by: Jon McMillen, City Manager
Attachment: 1. Fiscal Year 2022/23 General Fund Year-End Budget Report 366 CLICK HERE to Return to Agenda

OVERVIEW
The City oversees multiple sources of funds which are reported in the Annual Comprehensive Financial Report (ACFR) issued annually and presented at a public meeting shortly thereafter. This Fiscal Year 2022/23 Budget Report (Report) focuses on the General Fund and summarizes the overall financial activities of fiscal year (FY) 2022/23 and the City’s financial position through June 30, 2023.

The chart below provides a summary comparison of the FY 2022/23 final budget versus actual revenues and expenses.

Despite ongoing economic pressures, the City ended FY 2022/23 in a solid fiscal position as demonstrated by revenues exceeding budgetary projections, and expenditure savings which has helped build the City’s reserves and remain in strong financial standing.

As the City continues to remain fiscally strong, staff will closely monitor economic conditions while identifying strategic financial priorities and addressing critical needs such as infrastructure and capital improvement projects.

General Fund 2022/23
Final Budget
2022/23
Actuals Variance
Operational Revenues 85,749,100 91,405,491 * 5,656,391
Capital/Operational Carryovers 31,970,947 31,970,947 -
Use of Measure G Reserves 550,000 550,000 -
CIP Savings/Use of Reserves 6,775,671 6,775,671 -
Total Revenues 125,045,718 130,702,109 5,656,391
Operational/CIP Expenses
Multi-Year Capital Improvements 47,033,518 6,944,642 (40,088,876) Operational 67,269,154 59,057,705 (8,211,449)
Expenses Before Carryovers 114,302,672 66,002,347 (48,300,325) Plus Carryovers to 2023/24
Multi-Year Capital Improvements 22,623,372 22,623,372
Operational 2,600,009 2,600,009
Adjusted Expenditures 114,302,672 91,225,728 (23,076,944) Plus Measure G Reserves 3,353,000 13,859,148 10,506,148 Total Expenditures 117,655,672 105,084,876 (12,570,796) Surplus/(Deficit) After Carryovers 7,390,046 25,617,233 18,227,187 *Reduced by non-cash transactions described in the 2022/23 Year-End Budget Report FISCAL YEAR 2022/23 GENERAL FUND YEAR-END BUDGET
REPORT
ATTACHMENT 1
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Operational revenues were approximately $5.6 million over budget, and expenses after adjustments, carryovers, and reserve savings were about $12.5 million under budget resulting in a budget surplus of $18.2 million. Due to reimbursement of federal funding, the surplus includes $7.5 million of Measure G reserves that was replenished for the Dune Palms Bridge project.

REVENUE VARIANCES
As detailed in Exhibit A and summarized on the chart below, most General Fund revenues experienced positive variances when compared to the final budget. • Taxes represent 72% of all General Fund revenues and include the three largest funding sources for the City – sales taxes $28,888,079, transient occupancy taxes (TOT) $16,687,728, and property taxes $11,223,765. Combined, these top three revenues account for $56,799,572 or 87% of all taxes.
• Licenses and permits continued to overperform as a result of new housing projects accelerating as residential and commercial property values remain high and lumber prices dropping significantly over the prior year. • Use of Money and Property includes the annual fair market value adjustment to the City’s investments. In FY 2022/23 the portfolio holdings were valued less than book value due to market conditions, therefore a negative adjustment in the amount of $893,437 was recorded. The City’s investments have a five-year horizon with laddered maturities. The City has worked diligently to leverage highly restricted investments under volatile market conditions. On June 30, 2022, the portfolio was earning a 0.79% rate of return and on June 30, 2023 the return was

2.09%.

General Fund Revenues 2022/23
Final Budget
2022/23
Actuals Variance % Variance
Tax Revenue 61,746,700 65,145,998 3,399,298 6%
Licenses & Permits 3,461,200 3,994,913 533,713 15%
Intergovernmental 9,378,000 9,989,060 611,060 7%
Charges for Services 1,391,100 1,558,859 167,759 12%
Fines, Forfeitures & Abatements 522,000 563,495 41,495 8% Use of Money & Property 2,855,000 2,161,178 (693,822) -24% Miscellaneous/Transfers In 6,395,100 7,479,742 1,084,642 17% Total Revenues 85,749,100 90,893,246 5,144,145 6%
Non-Cash Adjustments
Investments Fair Market Value Adjustment 893,437 893,437 RDA Loan Interest Earned, Extraordinary Gain (381,192) (381,192) 512,245 512,245
Total Adjusted Revenues 85,749,100 91,405,491 5,656,391 368 CLICK HERE to Return to Agenda
• Miscellaneous and Transfers In revenue includes $381,192 to record the annual former Redevelopment Agency loan repayment interest earned in FY 2022/23. The loan repayments are structured to pay all principal first, then interest. Each year the City records the payment received and interest earned in accordance with the State Department of Finance approved loan repayment schedule. This amount is also reduced from revenues as an adjustment because it is earned, but not received until a future date.

EXPENSE VARIANCES
General Fund expenses are summarized in the chart below by department, and details by department and expense category are located in Exhibit B. All departmental expenditures remained within budget. Savings were achieved from vacant positions, workflow efficiencies, and prudent management of contract and professional services.

General Fund Expenditures 2022/23
Final Budget
2022/23
Actuals Variance Carryovers
to 2023/24
City Council 354,700 312,671 (42,029) -
City Manager 1,326,164 1,083,016 (243,148) -
City Attorney 796,000 358,188 (437,812) -
Human Resources 591,898 439,030 (152,868) 49,500
City Clerk 1,264,079 996,957 (267,122) -
Finance 1,610,216 1,560,869 (49,347) -
Centralized Services 61,817,234 20,949,055 (40,868,179) 24,310,381 Police 18,269,800 16,244,512 (2,025,288) 34,500
Fire 9,296,722 7,702,139 (1,594,583) 358,000
Community Resources Admin. 883,980 740,952 (143,028) -
Wellness Center Operations 757,040 717,948 (39,092) -
Recreational Programs & Events 1,498,751 1,099,230 (399,521) - Parks Maintenance 3,207,347 3,107,294 (100,053) 74,500
Marketing & Community Relations 1,833,378 1,648,064 (185,314) - Public Buildings 1,553,936 1,504,048 (49,888) -
Design & Development Admin. 775,228 771,529 (3,699) -
Planning 749,304 652,601 (96,703) -
Building 1,457,240 1,386,587 (70,653) -
Code Compliance/Animal Control 1,677,746 1,571,807 (105,939) - The Hub 1,244,439 996,706 (247,733) -
Public Works Administration 800,848 625,176 (175,672) - Public Works Dev. Services 514,551 413,090 (101,461) -
Streets 773,415 474,366 (299,049) -
Engineering Services 1,248,656 646,511 (602,145) 396,500 Total Operating/CIP Expenditures 114,302,672 66,002,347 (48,300,324) 25,223,381 Estimated Actual Variance
Carryovers to 2023/24
Capital Improvements - 22,623,372 22,623,372
Operational - 2,600,009 2,600,009
Total Carryovers - 25,223,381 25,223,381
Adjusted Expenditures before
Reserves 114,302,672 91,225,729 (23,076,943)
Plus Measure G Reserves 3,353,000 13,859,148 10,506,148 Total Adjusted Expenses 117,655,672 105,084,877 (12,570,795) 369 CLICK HERE to Return to Agenda
• Centralized Services (CS) represents the largest budget variance in the amount of $40.8 million. CS captures citywide expenses such as pension liabilities, retiree medical benefits, and transfers out to other funds such as the Gas Tax Fund for street improvements, Lighting and Landscape Fund, SilverRock Golf Course Fund, Public Safety Fund, Economic Development Fund and the Capital Improvement Project Fund. This department also has the greatest amount of carryovers to FY 2023/24 to fund multi-year capital improvement projects in the amount of $22,623,672 as detailed in Exhibit C, which is mainly attributed to projects currently in progress such as the Dune Palms Bridge project and road improvements. Capital improvement carryover funding ($9,528,039 or 42%) is provided from Measure G sales tax revenue.
• To ensure funds are available for critical services such as Police and Fire, the City budget incorporates the rates originally disclosed by the County. FY 2022/23 savings are derived from enhancing and modifying resources post pandemic. o For Police services, savings of $2,025,288 were a result of prudent management of contract service costs, along with carryovers totaling $34,500 for vehicle and bicycle upgrades.
o For Fire services, savings of $1,594,583 include $358,000 for a Fire ladder truck purchase to be carried over to FY 2023/24, the remaining overage was the result of tax revenues exceeding projections and expenditure savings in contract service costs and salary and benefits. • The Recreational Programs and Events savings of $399,521 were a result of effective management of citywide events including the La Quinta Art Celebration. • The Engineering Services department savings of $602,145 were mainly derived from contract service savings and La Quinta's share of the CVAG Art & Music Line in the amount of $196,500 to be carried over to FY 2023/24.

Capital Improvement Program (CIP) carryovers, detailed in Exhibit C total $22,623,372 and operational carryovers, detailed in Exhibit D, from FY 2022/23 to FY 2023/24 increased by $1,650,009 from the original anticipated amount of $950,000 to $2,600,009.

Carryovers allow for operational flexibility and reflects City commitments to projects, services or purchases that were made in 2022/23 but were not completed, fulfilled, or paid for by the end of the fiscal year.

Funds not being carried over are recognized as Unassigned Reserve Fund balance in the General Fund. CIP revenue commitments are reflected in assigned reserves and operational carryovers are noted in committed reserves. 370 CLICK HERE to Return to Agenda

RESERVES
The chart below depicts reserve balances by category and the value change from June 30, 2022 to June 30, 2023. These reserve balances reflect the financial health of the City at fiscal year-end.

Non-spendable balance decreased by a total of $2,235,550 and included an increase in prepaid costs. The FY 2022/23 Redevelopment Agency loan repayment of $2,695,745 and interest earnings of $381,192 resulted in a decrease of $2,314,553 in Due from Other Governments.
• The Due from Other Governments balance of $19,600,793 represents the principal ($7,732,642) and interest ($11,868,151) owed to the General Fund (80% of total loan repayments). Non-spendable reserves cannot be used to fund ongoing operations and primarily represent commitments due to the General Fund.

Restricted reserves are limited to funds held in a Section 115 Pension Trust set aside to fund the City’s pension obligations. The trust balance resulted in a decrease in total value of $4,820,401 primarily due to utilizing pension trust funds in the amount of $5 million to pay down the City’s unfunded pension liability.

Reserve/Fund Balance As of June 30, 2022 As of June 30, 2023 Change in Value Non-Spendable
Prepaid Costs 46,990 125,994 79,004
Land Held for Resale 5,403,652 5,403,652 -
Advances to Other Funds - - -
Due from Other Governments 21,915,347 19,600,793 (2,314,554) Total Non-Spendable 27,365,989 25,130,439 (2,235,550)
Restricted
Pension Trust 10,137,888 5,317,487 (4,820,401)
Committed
Operational Carryovers 1,209,100 2,600,009 1,390,909
Cash Flow Reserve 5,000,000 5,000,000 -
Natural Disaster Reserve 10,000,000 15,000,000 5,000,000 Economic Disaster 11,000,000 13,000,000 2,000,000
Capital Replacement Reserve 10,000,000 12,000,000 2,000,000 Total Committed 37,209,100 47,600,009 10,390,909
Assigned
Public Safety Fire Services 11,183,821 11,986,970 803,149 Measure G Sales Tax 15,355,043 29,214,191 13,859,148
Capital Projects 30,761,847 22,623,372 (8,138,475)
Total Assigned 57,300,711 63,824,533 6,523,822
Unassigned 33,893,325 44,105,043 10,211,718
TOTAL FUND BALANCE 165,907,013 185,977,511 20,070,498
371 CLICK HERE to Return to Agenda
Committed reserves increased by $10.3 million due to operational carryovers as detailed in Exhibit D and additional funding for reserve categories. During the FY 2022/23 mid-year budget report, the Unassigned balance was reduced by $9,000,000 and used to fund the following reserves:
• $5,000,000 for Natural Disaster Reserve
• $2,000,000 for Economic Disaster Reserve
• $2,000,000 for Capital Replacement Reserve
At this time, all four of the City’s reserve categories (Natural Disaster, Economic Disaster, Cash Flow and Capital Replacement) are fully funded to the updated policy targets as approved in the Reserve Policy.

An increase of $6.5 million in assigned reserves was primarily due to Measure G sales tax revenue offset by a decrease in multi-year capital improvement project funding, The recent advanced funding of about $7.5 million for the Dune Palms Bridge Project allocated in FY 2021/22 was subsequently approved for federal reimbursements and was returned to Measure G reserves in FY 2022/23.

The 2023/24 Mid-Year Budget report will be presented to Council by March of 2024. The Mid-Year Budget Report may include funding options for Council to consider an allocation of unassigned reserves into reserve categories such as the Pension Trust fund. In addition, staff will continue to monitor current economic impacts and operating expenses and request additional reserve funding if necessary.
372 CLICK HERE to Return to Agenda

MEASURE G SUMMARY
The Financial Advisory Commission oversees and audits the use of Measure G sales tax revenues and prepares the annual Measure G Sales Tax Oversight Report. The summary below provides a preview of the revenues and expenditures to date. The Measure G reserve balance ended the fiscal year at $29,214,191.

Fiscal Year (FY)
2016/17 Actual $ 1,462,650
2017/18 Actual 9,967,657
2018/19 Actual 10,958,118
2019/20 Actual 10,310,526
2020/21 Actual 12,594,389
2021/22 Actual 15,615,802
2022/23 Actual 16,088,087
TOTAL $ 76,997,229
Fiscal
Year Operational Capital Reserves Total by Year
2016/17 Eisenhower Dr. Retention Basin 750,000
X-Park Funding 712,650 - 1,462,650
2017/18 Public Safety Fund 300,000
North La Quinta Landscape Improvements 1,802,576
Citywide Drainage Enhancements 2,407,373
La Quinta Village Road Diet Project 1,972,158
X-Park Funding 147,350
Alongi Building Improvements 800,000
SilverRock Event Site/ Alongi Building/ Retention Basin 1,453,850 Measure G Reserves 2017/18 1,084,350 9,967,657
2018/19 Public Safety Fund 850,000
Public Safety Contract Services 2,100,000
Citywide Drainage Enhancements 194,730
North La Quinta Landscape Improvements 2,129,613
SilverRock Event Site 1,300,000
Measure G Reserves 2018/19 4,383,775 10,958,118
2019/20 Public Safety Contract Services 2,750,000
Corporate Yard Administration/Crew Quarters 411,013
Highway 111 Corridor Improvements 1,000,000
North La Quinta Landscape Improvements 3,703,369
Village Art Plaza Promenade 310,000
Measure G Reserves 2019/20 2,136,144 10,310,526
2020/21 Public Safety Contract Services 4,545,000
X-Park Landscaping 275,000
Highway 111 Corridor Improvements 250,000
Measure G Reserves 2020/21 7,524,389 12,594,389
2021/22 Public Safety Contract Services 5,163,000
Landscape Renovation Improvements 1,408,356
Highway 111 Corridor Improvements 1,000,000
Fritz Burns Park Improvements 350,000
Allocate Advance Dune Palms Bridge Funding 7,468,061
Measure G Reserves 2021/22 226,385 15,615,802
2022/23 Public Safety Contract Services 5,100,000
Landscape Renovation Improvements 500,000
Sports Complex Lighting 300,000
Village Underground Utilities Feasibility 100,000
ADA Transition Plan Update 150,000
Village Parking Lot 500,000
Phase II Public Safety Camera System 1,797,000
Smart Infrastructure Feasibility 250,000
Highway 111 Corridor Improvements 1,000,000
Dune Palms Bridge Advance Funding Reimbursement (7,468,061) Measure G Reserves 2022/23 13,859,148 16,088,087
TOTAL $ 20,808,000 $ 26,975,038 $ 29,214,191 $ 76,997,229 27% 35% 38%

MEASURE G REVENUES AND USES SUMMARY

REVENUES

MEASURE G USES
Project Description
373 CLICK HERE to Return to Agenda
The FY 2022/23 Year-End Budget Report provides the City Council and residents with an overview of significant variances and reflects the City’s commitment to fiscal discipline and transparency.

Questions regarding this report may be directed to the Finance Department by calling 760-777-7150 or by email at [email protected].
374 CLICK HERE to Return to Agenda
2021/22
Actuals
2022/23
Original Budget
2022/23
Final Budget
2022/23
Actuals
101 - GENERAL FUND
310 - Tax Revenues
101-0000-40310 Property Tax Revenue 2,741,127 2,890,000 3,015,000 3,098,566 101-0000-40311 No-Low City Property Tax 4,805,049 4,845,000 4,945,000 5,388,267 101-0000-40315 RPTTF Pass Through 2,128,498 2,180,000 2,705,000 2,736,932 101-0000-41320 State Sales Tax 12,589,104 11,000,000 12,250,000 12,799,992 101-0000-41326 Measure G Sales Tax 15,615,802 13,500,000 15,500,000 16,088,087 101-0000-41327 Document Transfer Tax 1,352,585 650,000 750,000 926,743 101-0000-41400 TOT - Hotels 9,448,099 7,300,000 9,000,000 9,772,760 101-0000-41401 TOT - Short Term Vac. Rentals 7,144,654 5,000,000 6,000,000 6,415,354 101-0000-41402 TOT - Bed and Breakfast 104,426 100,000 100,000 103,272 101-0000-41416 TOT - Resort Fees 358,422 375,000 375,000 396,342 101-0000-41505 Franchise Taxes - Burrtec 966,467 1,000,000 1,000,000 1,188,773 101-0000-41508 Southern California Gas Franchise Fee 206,498 160,000 160,000 246,641 101-0000-41509 Cable Television Franchise Fee 676,143 660,000 660,000 677,929 101-0000-41510 Communications Franchise Fees 210,081 275,000 275,000 195,772 101-0000-41800 Property Tax in Lieu of VLF 4,663,327 5,011,700 5,011,700 5,110,569 310 - Tax Revenues Totals: 63,010,284 54,946,700 61,746,700 65,145,998 320 - Licenses & Permits
101-0000-41411 STVR Inspection Fee 1,300 2,000 2,000 2,275 101-0000-41415 STVR Registration Fee 1,022,050 900,000 900,000 962,500 101-0000-41600 Business Licenses 378,882 340,000 355,000 431,498 101-0000-41602 STVR Business Licenses 57,824 40,000 45,000 51,582 101-0000-41610 Film Permits 1,428 2,000 2,000 1,091
101-0000-42400 Building Permits 1,185,352 600,000 800,000 1,009,315 101-0000-42401 Plumbing Permits 201,028 90,000 140,000 175,858 101-0000-42402 Mechanical Permits 198,643 100,000 140,000 175,576 101-0000-42403 Electrical Permits 159,331 80,000 130,000 154,126 101-0000-42404 Miscellaneous Permits 312,182 200,000 300,000 340,078 101-0000-42405 Garage Sale Permits 5,670 6,000 6,000 4,540 101-0000-42408 Grading Permits 66,928 15,000 30,000 58,539 101-0000-42420 Fire Plan Review Fee 99,228 65,000 65,000 69,618 101-0000-42421 Fire Inspection Fee 119,607 60,000 130,000 142,218 101-0000-42430 Transportation Permits 1,151 2,000 2,000 578 101-0000-42431 Conditional Use Permits 29,573 15,000 75,000 63,591 101-0000-42433 Minor Use Permit 13,564 8,700 8,700 2,668 101-0000-42434 Sign Permit 26,161 16,500 29,500 26,076
101-0000-42435 Site Development Permit 72,028 50,000 70,000 76,941 101-0000-42436 Final Landscaping Plans 24,901 12,000 12,000 17,296 101-0000-42437 Development Agreement 3,446 1,000 1,000 3,446 101-0000-42439 Temporary Use Permit 36,588 10,000 10,000 1,656 101-0000-43632 Public Works Permits 493,861 200,000 200,000 212,483 101-0000-43638 NPDES Inspections 10,697 8,000 8,000 11,365 320 - Licenses & Permits Totals: 4,521,424 2,823,200 3,461,200 3,994,913 330 - Intergovernmental
101-0000-41710 State Gov't Revenue 0 0 0 203,682
101-0000-42500 Fire Service Credit 7,587,538 7,600,000 9,100,000 9,473,316 101-0000-42501 Fire Service Reserves 561,645 0 0 0
101-0000-43100 FEMA 24,516 0 0 33,247
101-0000-43633 CSA 152 Assessments 460,052 250,000 275,000 275,816 101-0000-43650 Contributions from Other Agencies 3,000 3,000 3,000 3,000 330 - Intergovernmental Totals: 8,636,751 7,853,000 9,378,000 9,989,060 340 - Charges for Services
101-0000-42200 Leisure Enrichment 11,658 35,000 35,000 13,313 101-0000-42210 Youth Sports 41,045 40,000 40,000 45,710 101-0000-42211 Adult Sports 5,755 1,000 6,000 8,207
101-0000-42212 Facility Rentals 7,301 35,000 35,000 7,959 101-0000-42213 Special Events 0 10,000 10,000 0
101-0000-42214 Wellness Center Leisure Enrichment 12,652 20,000 20,000 16,556 101-0000-42216 Wellness Center Special Events (105) 1,000 1,000 0 101-0000-42218 Wellness Center Memberships 52,260 75,000 75,000 88,602 2,741,127 2,890,000 3,015,000 3,098,566
4,805,049 4,845,000 4,945,000 5,388,267
2,128,498 2,180,000 2,705,000 2,736,932
12,589,104 11,000,000 12,250,000 12,799,992
15,615,802 13,500,000 15,500,000 16,088,087
1,352,585 650,000 750,000 926,743
9,448,099 7,300,000 9,000,000 9,772,760
7,144,654 5,000,000 6,000,000 6,415,354
104,426 100,000 100,000 103,272
358,422 375,000 375,000 396,342
966,467 1,000,000 1,000,000 1,188,773
206,498 160,000 160,000 246,641
676,143 660,000 660,000 677,929
210,081 275,000 275,000 195,772
4,663,327 5,011,700 5,011,700 5,110,569
63,010,284 54,946,700 61,746,700 65,145,998
1,300 2,000 2,000 2,275
1,022,050 900,000 900,000 962,500
378,882 340,000 355,000 431,498
57,824 40,000 45,000 51,582
1,428 2,000 2,000 1,091
1,185,352 600,000 800,000 1,009,315
201,028 90,000 140,000 175,858
198,643 100,000 140,000 175,576
159,331 80,000 130,000 154,126
312,182 200,000 300,000 340,078
5,670 6,000 6,000 4,540
66,928 15,000 30,000 58,539
99,228 65,000 65,000 69,618
119,607 60,000 130,000 142,218
1,151 2,000 2,000 578
29,573 15,000 75,000 63,591
13,564 8,700 8,700 2,668
26,161 16,500 29,500 26,076
72,028 50,000 70,000 76,941
24,901 12,000 12,000 17,296
3,446 1,000 1,000 3,446
36,588 10,000 10,000 1,656
493,861 200,000 200,000 212,483
10,697 8,000 8,000 11,365
4,521,424 2,823,200 3,461,200 3,994,913
0 0 0 203,682
7,587,538 7,600,000 9,100,000 9,473,316
561,645 0 0 0
24,516 0 0 33,247
460,052 250,000 275,000 275,816
3,000 3,000 3,000 3,000
8,636,751 7,853,000 9,378,000 9,989,060
11,658 35,000 35,000 13,313
41,045 40,000 40,000 45,710
5,755 1,000 6,000 8,207
7,301 35,000 35,000 7,959
0 10,000 10,000 0
12,652 20,000 20,000 16,556
(105) 1,000 1,000 0
52,260 75,000 75,000 88,602

CITY OF LA QUINTA

GENERAL FUND

REVENUE DETAILS BY CATEGORY EXHIBIT A
2022/23 YEAR-END BUDGET REPORT Unaudited, final amounts will be reported in the 2022/23 Financial Statements 375 CLICK HERE to Return to Agenda 2021/22
Actuals
2022/23
Original Budget
2022/23
Final Budget
2022/23
Actuals
101-0000-42300 Cash Over/Short 1,363 0 0 0
101-0000-42303 NSF Charges 25 400 400 75
101-0000-42412 Minor Adjustment, Plan Checks 28,324 3,000 23,000 33,360 101-0000-42415 Tentative Tract Map 25,414 25,000 25,000 33,124 101-0000-42416 Digitization/Records Management 53,188 30,000 45,000 54,190 101-0000-42417 Modification by Applicant 5,712 2,500 2,500 1,975 101-0000-42440 Appeals - Permits, Licenses, Projects, Bids 1,725 3,000 3,000 750 101-0000-42441 Planning Compliance Review 0 0 0 838
101-0000-42443 Zone Change 21,772 10,000 10,000 1,702
101-0000-42445 Environmental Assessment 5,635 5,000 15,000 12,254 101-0000-42446 General Plan Amendment 10,465 10,000 10,000 11,379 101-0000-42447 Home Occupations 10,039 11,000 11,000 6,658 101-0000-42448 Tentative Parcel Map 5,224 10,000 10,000 14,238 101-0000-42451 Specific Plan 4,946 10,000 10,000 5,194
101-0000-42460 Pre-Application Review 11,798 5,000 5,000 6,069 101-0000-42600 Building Plan Check Fees 929,874 526,000 726,000 933,046 101-0000-42610 SMIP Fees 554 600 600 1,409
101-0000-42615 CBSC Administrative Fees 410 600 600 1,409 101-0000-42810 Public Works Dev. Plan Check Fee 334,644 180,000 240,000 223,062 101-0000-43631 CVMSHCP Admin Fee 8,603 2,000 2,000 5,911 101-0000-43635 VGPS TBID Admin Fee 35,057 30,000 30,000 31,868 340 - Charges for Services Totals: 1,625,339 1,081,100 1,391,100 1,558,859 350 - Fines, Forfeitures & Abatements
101-0000-42700 Administrative Citations 400,708 180,000 240,000 339,246 101-0000-42701 Lot Abatement 188 5,000 5,000 931
101-0000-42702 Vehicle Abatement 47,293 35,000 35,000 42,773 101-0000-42703 Vehicle Impound Fee 50,870 65,000 65,000 55,457 101-0000-42705 Motor Vehicle Code Fines 62,927 100,000 100,000 69,488 101-0000-42706 Parking Violations 29,183 40,000 40,000 22,702 101-0000-42707 Misc Fines 9,413 8,000 8,000 1,221
101-0000-42708 Graffiti Removal 8,675 9,000 9,000 8,071 101-0000-42709 False Alarm Fees - Police 32,295 15,000 15,000 19,222 101-0000-42710 False Alarm Fees - Fire 16,038 5,000 5,000 4,383 350 - Fines, Forfeitures & Abatements Totals: 657,589 462,000 522,000 563,495 360 - Use of Money & Property
101-0000-41900 Allocated Interest 931,973 400,000 2,700,000 2,865,841 101-0000-41910 GASB 31 Interest (3,964,823) 0 0 (893,437) 101-0000-41930 Interest Revenue 47,795 0 0 45,221
101-0000-42120 Lease Revenue 153,367 155,000 155,000 143,553 360 - Use of Money & Property Totals: (2,831,688) 555,000 2,855,000 2,161,178 370 - Miscellaneous
101-0000-41410 Zoning Change Mitigation Fees 287,773 400,000 1,000,000 1,612,340 101-0000-41504 AMR Compliance 21,632 20,000 20,000 0
101-0000-41507 Burrtec Admin Cost Reimbursement 181,278 120,000 120,000 66,614 101-0000-41920 Memorial Tree Revenue 0 0 0 1,000
101-0000-42000 Insurance Recoveries 3,448 5,000 30,000 46,299 101-0000-42140 Sales of Publications & Materials 30 100 100 640 101-0000-42301 Miscellaneous Revenue 3,557 5,000 77,000 113,339 101-0000-42305 Miscellaneous Reimbursements 62,243 50,000 75,000 168,735 101-0000-43505 Credit Card Fee Revenue 0 0 48,000 59,589 101-0000-45000 Sale of Other Assets 1,486 0 25,000 29,994 101-0000-48500 Extraordinary Gain 487,613 0 0 381,192
370 - Miscellaneous Totals: 1,049,059 600,100 1,395,100 2,479,742 1,363 0 0 0
25 400 400 75
28,324 3,000 23,000 33,360
25,414 25,000 25,000 33,124
53,188 30,000 45,000 54,190
5,712 2,500 2,500 1,975
1,725 3,000 3,000 750
0 0 0 838
21,772 10,000 10,000 1,702
5,635 5,000 15,000 12,254
10,465 10,000 10,000 11,379
10,039 11,000 11,000 6,658
5,224 10,000 10,000 14,238
4,946 10,000 10,000 5,194
11,798 5,000 5,000 6,069
929,874 526,000 726,000 933,046
554 600 600 1,409
410 600 600 1,409
334,644 180,000 240,000 223,062
8,603 2,000 2,000 5,911
35,057 30,000 30,000 31,868
1,625,339 1,081,100 1,391,100 1,558,859
400,708 180,000 240,000 339,246
188 5,000 5,000 931
47,293 35,000 35,000 42,773
50,870 65,000 65,000 55,457
62,927 100,000 100,000 69,488
29,183 40,000 40,000 22,702
9,413 8,000 8,000 1,221
8,675 9,000 9,000 8,071
32,295 15,000 15,000 19,222
16,038 5,000 5,000 4,383
657,589 462,000 522,000 563,495
931,973 400,000 2,700,000 2,865,841
(3,964,823) 0 0 (893,437)
47,795 0 0 45,221
153,367 155,000 155,000 143,553
(2,831,688) 555,000 2,855,000 2,161,178
287,773 400,000 1,000,000 1,612,340
21,632 20,000 20,000 0
181,278 120,000 120,000 66,614
0 0 0 1,000
3,448 5,000 30,000 46,299
30 100 100 640
3,557 5,000 77,000 113,339
62,243 50,000 75,000 168,735
0 0 48,000 59,589
1,486 0 25,000 29,994
487,613 0 0 381,192
1,049,059 600,100 1,395,100 2,479,742

CITY OF LA QUINTA

GENERAL FUND

REVENUE DETAILS BY CATEGORY EXHIBIT A
2022/23 YEAR-END BUDGET REPORT Unaudited, final amounts will be reported in the 2022/23 Financial Statements 376 CLICK HERE to Return to Agenda 2021/22
Actuals
2022/23
Original Budget
2022/23
Final Budget
2022/23
Actuals
380 - Transfers In
101-0000-49500 Transfers In 0 0 5,000,000 5,000,000
380 - Transfers In Totals: 0 0 5,000,000 5,000,000
101 - GENERAL FUND Totals: 76,668,758 68,321,100 85,749,100 90,893,246 0 0 5,000,000 5,000,000
0 0 5,000,000 5,000,000
76,668,758 68,321,100 85,749,100 90,893,246
Non-Cash Transactions
Adjusted Operating Revenues
3,477,210
80,145,968
512,245
91,405,491

CITY OF LA QUINTA

GENERAL FUND

REVENUE DETAILS BY CATEGORY EXHIBIT A
2022/23 YEAR-END BUDGET REPORT
Unaudited, final amounts will be reported in the 2022/23 Financial Statements 377 CLICK HERE to Return to Agenda 2021/22
Actuals
2022/23
Original Budget
2022/23
Final Budget
2022/23
Actuals
1001 - City Council 251,153 351,400 354,700 312,671
Salaries and Benefits 233,149 295,900 299,200 245,737
Maintenance & Operations 18,004 55,500 55,500 66,934
1002 - City Manager 796,578 1,177,540 1,326,164 1,083,016 Salaries and Benefits 500,384 539,340 687,964 725,331
Contract Services 89,320 145,000 145,000 108,078
Maintenance & Operations 95,974 115,000 115,000 112,481 Other Expenses 46,000 300,000 300,000 58,927
Internal Service Charges 64,900 78,200 78,200 78,200
1003 - City Attorney 370,189 796,000 796,000 358,188
Contract Services 370,189 796,000 796,000 358,188
1004 - Human Resources 269,015 495,698 591,898 439,030
Salaries and Benefits 175,125 255,798 258,298 233,383
Contract Services 28,107 90,000 163,700 112,314
Maintenance & Operations 46,683 103,900 123,900 47,333
Internal Service Charges 19,100 46,000 46,000 46,000
1005 - City Clerk 586,861 1,257,526 1,264,079 996,957
Salaries and Benefits 446,644 703,218 709,771 590,870
Contract Services 48,057 385,000 385,000 242,931
Maintenance & Operations 17,760 34,700 34,700 28,548
Internal Service Charges 74,400 134,608 134,608 134,608 1006 - Finance 1,241,161 1,595,830 1,610,216 1,560,869
Salaries and Benefits 940,346 1,145,530 1,159,916 1,147,772 Contract Services 117,464 205,000 205,000 182,801
Maintenance & Operations 14,851 40,700 40,700 25,696
Internal Service Charges 168,500 204,600 204,600 204,600 1007 - Central Services 9,738,291 14,447,100 61,817,234 20,949,055 Salaries and Benefits 3,773,246 3,352,600 13,068,216 12,620,892 Maintenance & Operations 166,068 213,200 413,200 108,667 Capital Expenses 599,125 20,000 480,000 452,554
Internal Service Charges 784,550 822,300 822,300 822,300 Transfers Out 4,415,303 10,039,000 47,033,518 6,944,642 2001 - Police 16,868,265 18,185,900 18,269,800 16,244,512 Contract Services 16,745,378 18,072,000 18,072,000 16,077,040 Maintenance & Operations 7,428 18,000 18,000 7,689
Repair & Maintenance 0 0 61,000 60,540
Utilities 17,348 21,000 21,000 17,823
Capital Expenses 37,010 0 22,900 6,519
Internal Service Charges 61,100 74,900 74,900 74,900
2002 - Fire 8,008,530 8,851,872 9,296,722 7,702,139
Salaries and Benefits 263,818 290,272 292,022 197,817
Contract Services 6,962,420 8,123,000 8,123,000 7,033,798 Maintenance & Operations 115,487 150,000 150,000 122,699 Utilities 80,798 87,000 87,000 84,211
Capital Expenses 103,395 15,000 458,100 77,014
Internal Service Charges 119,600 186,600 186,600 186,600 Transfers Out 363,012 0 0 0
3001 - Community Resources Administration 661,768 880,480 883,980 740,952 Salaries and Benefits 513,569 546,180 549,680 448,931
Contract Services 38,081 92,000 92,000 71,803
Maintenance & Operations 43,318 161,800 161,800 139,718 Internal Service Charges 66,800 80,500 80,500 80,500
3002 - Wellness Center Operations 612,277 682,102 757,040 717,948 Salaries and Benefits 476,972 477,502 552,440 559,481
251,153 351,400 354,700 312,671
233,149 295,900 299,200 245,737
18,004 55,500 55,500 66,934
796,578 1,177,540 1,326,164 1,083,016
500,384 539,340 687,964 725,331
89,320 145,000 145,000 108,078
95,974 115,000 115,000 112,481
46,000 300,000 300,000 58,927
64,900 78,200 78,200 78,200
370,189 796,000 796,000 358,188
370,189 796,000 796,000 358,188
269,015 495,698 591,898 439,030
175,125 255,798 258,298 233,383
28,107 90,000 163,700 112,314
46,683 103,900 123,900 47,333
19,100 46,000 46,000 46,000
586,861 1,257,526 1,264,079 996,957
446,644 703,218 709,771 590,870
48,057 385,000 385,000 242,931
17,760 34,700 34,700 28,548
74,400 134,608 134,608 134,608
1,241,161 1,595,830 1,610,216 1,560,869
940,346 1,145,530 1,159,916 1,147,772
117,464 205,000 205,000 182,801
14,851 40,700 40,700 25,696
168,500 204,600 204,600 204,600
9,738,291 14,447,100 61,817,234 20,949,055
3,773,246 3,352,600 13,068,216 12,620,892
166,068 213,200 413,200 108,667
599,125 20,000 480,000 452,554
784,550 822,300 822,300 822,300
4,415,303 10,039,000 47,033,518 6,944,642
16,868,265 18,185,900 18,269,800 16,244,512
16,745,378 18,072,000 18,072,000 16,077,040
7,428 18,000 18,000 7,689
0 0 61,000 60,540
17,348 21,000 21,000 17,823
37,010 0 22,900 6,519
61,100 74,900 74,900 74,900
8,008,530 8,851,872 9,296,722 7,702,139
263,818 290,272 292,022 197,817
6,962,420 8,123,000 8,123,000 7,033,798
115,487 150,000 150,000 122,699
80,798 87,000 87,000 84,211
103,395 15,000 458,100 77,014
119,600 186,600 186,600 186,600
363,012 0 0 0
661,768 880,480 883,980 740,952
513,569 546,180 549,680 448,931
38,081 92,000 92,000 71,803
43,318 161,800 161,800 139,718
66,800 80,500 80,500 80,500
612,277 682,102 757,040 717,948
476,972 477,502 552,440 559,481

CITY OF LA QUINTA

GENERAL FUND

EXPENSE SUMMARY BY DEPARTMENT EXHIBIT B
2022/23 YEAR-END BUDGET REPORT
Unaudited, final amounts will be reported in the 2022/23 Financial Statements 378 CLICK HERE to Return to Agenda 2021/22
Actuals
2022/23
Original Budget
2022/23
Final Budget
2022/23
Actuals
Contract Services 21,545 48,000 48,000 24,849
Maintenance & Operations 31,761 56,700 56,700 33,718
Internal Service Charges 82,000 99,900 99,900 99,900
3003 - Recreation Programs & Special Events 640,734 1,088,734 1,498,751 1,099,230 Salaries and Benefits 101,002 212,534 286,551 200,323
Contract Services 243,964 330,000 486,000 474,543
Maintenance & Operations 242,568 501,500 681,500 379,664 Internal Service Charges 53,200 44,700 44,700 44,700
3005 - Parks Maintenance 2,445,674 3,042,072 3,207,347 3,107,294 Salaries and Benefits 340,651 398,222 426,997 418,129
Contract Services 582,436 657,200 729,700 729,648
Maintenance & Operations 634,026 774,850 838,850 803,016 Utilities 403,660 508,400 508,400 453,101
Internal Service Charges 484,900 703,400 703,400 703,400 3007 - Marketing & Community Relations 1,389,343 1,632,128 1,833,378 1,648,064 Salaries and Benefits 238,729 267,328 268,578 160,546
Contract Services 436,633 404,200 509,200 481,020
Maintenance & Operations 675,781 914,600 1,009,600 960,497 Internal Service Charges 38,200 46,000 46,000 46,000
3008 - Public Buildings 1,374,563 1,390,052 1,553,936 1,504,048 Salaries and Benefits 506,901 553,052 566,936 557,885
Contract Services 207,930 242,000 242,000 208,330
Maintenance & Operations 187,230 179,500 274,500 257,246 Utilities 200,502 158,500 213,500 223,587
Internal Service Charges 272,000 257,000 257,000 257,000 6001 - Design & Development Administration 816,867 756,824 775,228 771,529 Salaries and Benefits 448,748 408,024 426,428 427,755
Contract Services 222,248 160,000 160,000 162,361
Maintenance & Operations 3,471 11,700 11,700 4,313
Internal Service Charges 142,400 177,100 177,100 177,100 6002 - Planning 559,340 744,830 749,304 652,601
Salaries and Benefits 376,017 428,230 432,704 417,922
Contract Services 113,128 225,000 225,000 146,180
Maintenance & Operations 12,995 22,600 22,600 19,500
Internal Service Charges 57,200 69,000 69,000 69,000
6003 - Building 960,672 1,291,362 1,457,240 1,386,587
Salaries and Benefits 547,698 723,362 739,240 619,142
Contract Services 246,380 290,000 440,000 491,810
Maintenance & Operations 3,095 10,300 10,300 7,935
Internal Service Charges 163,500 267,700 267,700 267,700 6004 - Code Compliance/Animal Control 1,312,923 1,663,996 1,677,746 1,571,807 Salaries and Benefits 686,027 857,996 867,746 786,495
Contract Services 349,121 433,500 433,500 421,802
Maintenance & Operations 9,874 20,300 24,300 11,310
Internal Service Charges 267,900 352,200 352,200 352,200 6006 - The Hub 834,387 1,236,482 1,244,439 996,706
Salaries and Benefits 600,711 916,382 924,339 749,203
Contract Services 95,036 130,000 130,000 58,115
Maintenance & Operations 5,140 6,200 6,200 5,489
Internal Service Charges 133,500 183,900 183,900 183,900 7001 - Public Works Administration 535,839 794,862 800,848 625,176 Salaries and Benefits 454,607 543,362 549,348 527,426
Contract Services 0 150,000 150,000 500
Maintenance & Operations 4,932 9,500 9,500 5,250
21,545 48,000 48,000 24,849
31,761 56,700 56,700 33,718
82,000 99,900 99,900 99,900
640,734 1,088,734 1,498,751 1,099,230
101,002 212,534 286,551 200,323
243,964 330,000 486,000 474,543
242,568 501,500 681,500 379,664
53,200 44,700 44,700 44,700
2,445,674 3,042,072 3,207,347 3,107,294
340,651 398,222 426,997 418,129
582,436 657,200 729,700 729,648
634,026 774,850 838,850 803,016
403,660 508,400 508,400 453,101
484,900 703,400 703,400 703,400
1,389,343 1,632,128 1,833,378 1,648,064
238,729 267,328 268,578 160,546
436,633 404,200 509,200 481,020
675,781 914,600 1,009,600 960,497
38,200 46,000 46,000 46,000
1,374,563 1,390,052 1,553,936 1,504,048
506,901 553,052 566,936 557,885
207,930 242,000 242,000 208,330
187,230 179,500 274,500 257,246
200,502 158,500 213,500 223,587
272,000 257,000 257,000 257,000
816,867 756,824 775,228 771,529
448,748 408,024 426,428 427,755
222,248 160,000 160,000 162,361
3,471 11,700 11,700 4,313
142,400 177,100 177,100 177,100
559,340 744,830 749,304 652,601
376,017 428,230 432,704 417,922
113,128 225,000 225,000 146,180
12,995 22,600 22,600 19,500
57,200 69,000 69,000 69,000
960,672 1,291,362 1,457,240 1,386,587
547,698 723,362 739,240 619,142
246,380 290,000 440,000 491,810
3,095 10,300 10,300 7,935
163,500 267,700 267,700 267,700
1,312,923 1,663,996 1,677,746 1,571,807
686,027 857,996 867,746 786,495
349,121 433,500 433,500 421,802
9,874 20,300 24,300 11,310
267,900 352,200 352,200 352,200
834,387 1,236,482 1,244,439 996,706
600,711 916,382 924,339 749,203
95,036 130,000 130,000 58,115
5,140 6,200 6,200 5,489
133,500 183,900 183,900 183,900
535,839 794,862 800,848 625,176
454,607 543,362 549,348 527,426
0 150,000 150,000 500
4,932 9,500 9,500 5,250

CITY OF LA QUINTA

GENERAL FUND

EXPENSE SUMMARY BY DEPARTMENT
2022/23 YEAR-END BUDGET REPORT
Unaudited, final amounts will be reported in the 2022/23 Financial Statements 379 CLICK HERE to Return to Agenda 2021/22
Actuals
2022/23
Original Budget
2022/23
Final Budget
2022/23
Actuals
Internal Service Charges 76,300 92,000 92,000 92,000
7002 - Public Works Development Services 374,998 512,960 514,551 413,090 Salaries and Benefits 147,359 170,060 171,651 156,072
Contract Services 155,250 250,000 250,000 166,779
Maintenance & Operations 2,189 5,000 5,000 2,339
Internal Service Charges 70,200 87,900 87,900 87,900
7003 - Streets 426,354 754,768 773,415 474,366
Salaries and Benefits 277,298 362,768 381,415 257,948
Contract Services 64,753 260,000 260,000 63,383
Maintenance & Operations 27,104 58,000 58,000 65,600
Other Expenses 0 5,000 5,000 18,434
Internal Service Charges 57,200 69,000 69,000 69,000
7006 - Engineering Services 758,472 1,020,756 1,248,656 646,511 Salaries and Benefits 322,004 351,456 353,956 241,985
Contract Services 271,577 590,000 590,000 300,994
Maintenance & Operations 9,002 10,300 10,300 5,802
Other Expenses 98,689 0 225,400 28,731
Internal Service Charges 57,200 69,000 69,000 69,000
GENERAL FUND EXPENSES 51,834,255 64,651,274 114,302,672 66,002,347 76,300 92,000 92,000 92,000
374,998 512,960 514,551 413,090
147,359 170,060 171,651 156,072
155,250 250,000 250,000 166,779
2,189 5,000 5,000 2,339
70,200 87,900 87,900 87,900
426,354 754,768 773,415 474,366
277,298 362,768 381,415 257,948
64,753 260,000 260,000 63,383
27,104 58,000 58,000 65,600
0 5,000 5,000 18,434
57,200 69,000 69,000 69,000
758,472 1,020,756 1,248,656 646,511
322,004 351,456 353,956 241,985
271,577 590,000 590,000 300,994
9,002 10,300 10,300 5,802
98,689 0 225,400 28,731
57,200 69,000 69,000 69,000
51,834,255 64,651,274 114,302,672 66,002,347

CITY OF LA QUINTA

GENERAL FUND

EXPENSE SUMMARY BY DEPARTMENT
2022/23 YEAR-END BUDGET REPORT
Unaudited, final amounts will be reported in the 2022/23 Financial Statements 380 CLICK HERE to Return to Agenda Project # Project Name General Fund Measure G TOTAL
111205 Dune Palms Bridge Improvements 4,858,991 - 4,858,991 2223DRA Citywide Drainage Enhancements 1,419,027 - 1,419,027 2223ADA ADA Improvements 60,000 - 60,000
2223PMP Pavement Management 3,771,921 - 3,771,921
2223STI Sidewalk Improvements 2,036 - 2,036
201603 Landscape Renovations 426,073 3,104,039 3,530,112 201606 Civic Center Campus Lake 521,515 - 521,515
201805 Corporate Yard Admin. Offices - 355,240 355,240
201901 Village Art Plaza Promenade - 308,208 308,208
201905 Highway 111 Corridor - 2,500,079 2,500,079
201908 Citywide Catch Basin Modifications 250,000 - 250,000 202102 Fritz Burns Park Improvements - 294,683 294,683
202108 FY 21/22 PMP Slurry Seal Improvements (29,376) - (29,376) 202202 City Hall Capacity Improvements 550,000 - 550,000 202204 Sports Complex Lighting Replacement - 273,951 273,951 202206 Village Utilities Undergrounding Project 24,315 84,208 108,523 202007 SilverRock Retention Basin Soil Stabilization 54,432 - 54,432 202208 Citywide Miscellaneous ADA Improvements 75,236 - 75,236 202209 ADA Transition Plan Update - 150,000 150,000
202211 Village Parking Lot - 500,000 500,000
202212 Phase II Camera System - 1,797,000 1,797,000
202213 Smart Infrastructure Improvements Feasibility Study - 249,650 249,650 202217 Storm Drain Maintenance 707,708 - 707,708
202218 SilverRock Park Venue WIFI & Camera Backbone - (89,018) (89,018) 202222 Blackhawk Way School Crossing 21,938 - 21,938
SAVINGS Prior CIP Project Savings 346,531 - 346,531
999902 Jefferson Interchange 34,987 - 34,987
TOTAL $ 13,095,333 $ 9,528,039 $ 22,623,372
58% 42% 100%
(Negative balances represent temporary funding until grants are received)

GENERAL FUND
Capital Improvement Project Carryovers from 2022/23 to 2023/24

CITY OF LA QUINTA EXHIBIT C
381 CLICK HERE to Return to Agenda

EXHIBIT D

AMENDED CARRYOVERS
Estimated carryovers from the 2022/23 to 2023/24 budget were estimated based on projected invoices in the Spring of 2023. Upon completion of the final audit, Finance verifies account balances and carryovers and amended carryovers will be added to the 2023/24 budget.

Description/Program Account Number Account Name Estimated Revised Climate Assessment 101-1004-60103 Professional Services $ - $ 29,500 Employee wellness programs 101-1004-60104 Consultants/Employee Services $ - $ 20,000 Marketing efforts to attract group business to hotels 101-1007-60536 TOT Resort Rebate Program $ 300,000 $ 300,000 Land Purchase- Highway 111 & Dune Palms 101-1007-99900 Transfers Out $ - $ 1,387,009 Police electric bicycles 101-2001-60175 Special Enforcement Funds $ - $ 18,500 Police motorcycles 101-2001-71031 Vehicles $ - $ 16,000 Fire Ladder Truck purchase 101-2002-80101 Machinery & Equipment $ 360,000 $ 358,000 Park landscape Improvements 101-3005-60431 Materials/Supplies $ 90,000 $ 74,500 Replacement of street signs 101-7006-60103 Professional Services $ 200,000 $ 200,000 Art & Music Line contribution 101-7006-60480 Contributions to other agencies $ - $ 196,500 $ 950,000 $ 2,600,009
Heavy machinery/equipment purchase 201-7003-80100 Machinery & Equipment $ 300,000 $ 300,000 Median upgrades 215-7004-60431 Materials/Supplies $ 100,000 $ 167,000 Dune Palms Mobile Estates improvements 241-9104-72110 Building/Site Improvements $ 400,000 $ 400,000 Homelessness Assistance 243-0000-60532 Homelessness Assistance $ - $ 50,000 Land Purchase- Highway 111 and Dune Palms 249-0000-49500 Transfers In $ - $ 1,387,009 Land Purchase- Highway 111 and Dune Palms 249-0000-74010 Land Acquisition $ 3,624,192 $ 3,574,192 Vehicle upgrades 501-0000-60675 Parts, Accessories, and Upfits $ - $ 50,000 Vehicle replacement 501-0000-71031 Vehicles, Purchased $ - $ 100,000 Council Chamber upgrades 501-0000-71103 City Bldg Repl/Repair $ - $ 51,000 Heavy machinery/equipment purchase 501-0000-80100 Machinery & Equipment $ 150,000 $ 499,000 Audio visual upgrades 502-0000-80100 Machinery & Equipment $ - $ 195,000 Park supplies and upgrades 503-0000-71060 Parks $ 200,000 $ 850,000 $ 4,774,192 $ 7,623,201
$ 5,724,192 $ 10,223,210
Revised Continuing Appropriations/Carryovers from 2022/23 to 2023/24

GENERAL FUND CARRYOVERS

SPECIAL FUNDS CARRYOVERS

TOTAL CARRYOVERS FOR ALL FUNDS
NOTE: In June 2023 when the budget is adopted, all carryovers are estimates based on projected invoices to end fiscal year 2022/23. Upon completion of the final audit, Finance verifies account balances and makes additional carryover recommendations based on current budgetary needs. In no event shall a carryover exceed the revised per account amount above.
382 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: January 16, 2024

STAFF REPORT
AGENDA TITLE: INTRODUCE FOR FIRST READING AN ORDINANCE TO APPROVE ZONING ORDINANCE AMENDMENT 2023-1001 TO MODIFY FLAGPOLE

REGULATIONS REGARDING THE PLACEMENT OF FLAGPOLES FOR RESIDENTIAL ZONING DISTRICTS MANAGED BY HOMEOWNER ASSOCIATIONS; CEQA: THE

PROJECT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061 (b)(3), COMMON SENSE EXEMPTION. LOCATION: CITY-WIDE

RECOMMENDATION
A. Make a finding, included in Ordinance No. ___, that adopting this ordinance is exempt under the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) Review of Exemptions – Common Sense Rule and is consistent with the previously approved General Plan 2035 Environmental Impact Report.

B. Move to take up Ordinance No.___ by title and number only and waive further reading.

C. Move to introduce at first reading, Ordinance No.___ to amend Section 9.60.340 of Title 9 of the La Quinta Municipal Code.

EXECUTIVE SUMMARY
 On November 21, 2023, Council adopted various zoning ordinance amendments, including an amendment to flagpole regulations regarding the placement of flagpoles that reduces the minimum setback from 10 feet to 5 feet from a property line where a yard faces a street, open space, or golf course.
 Council directed staff to prepare another zoning ordinance amendment to modify flagpole regulations regarding the placement of flagpoles for residential zoning districts managed by Homeowner Associations (HOAs), to only require approval of location by the board of directors of the HOA.
 On December 12, 2023, the Planning Commission considered a resolution recommending Council adopt the zoning ordinance amendment, but the resolution did not pass by unanimous vote.

FISCAL IMPACT: – None
PUBLIC HEARING ITEM NO. 1
383 CLICK HERE to Return to Agenda

BACKGROUND/ANALYSIS
On November 7, 2023, Council directed staff to prepare a zoning code amendment that allows residential zoning districts managed by HOAs to not be limited to the flagpole placement standard prescribed in the La Quinta Municipal Code (LQMC). The proposed amendment allows residential zoning districts, in which single family dwelling are located within a common interest development and subject to a declaration of covenants, conditions, and restrictions (CC&Rs) and managed by an HOA, to not be limited to the placement standard prescribed by the LQMC, if the proposed placement is consistent with the CC&Rs governing the single family dwelling and the board of directors of the HOA approves the placement of the flagpole. The applicant shall submit a letter from the HOA that confirms the approval of the placement of the flagpole with a building permit application.

A definition of “homeowner association” is also proposed to be added to the zoning code, and other non-substantive changes to update applicable sections and section numbers of the California Civil Code.

The zoning code amendment is included in redline changes as Exhibit A to the proposed ordinance.

PUBLIC REVIEW
Public Notice
The zoning ordinance amendment was advertised in The Desert Sun newspaper on January 5, 2024. At the time of publication, Staff received no written comments.

Planning Commission Review
At its regular meeting of December 12, 2023, the Planning Commission considered a resolution recommending Council adopt the zoning ordinance amendment, but the resolution did not pass by unanimous vote.

ENVIRONMENTAL REVIEW
The Design and Development Department has determined that the project is exempt from environmental review pursuant to Section 15061 (b)(3) of CEQA, Common Sense Exemption, in that it can be seen that the project would not cause any adverse impacts on the environment.

ALTERNATIVES
Council may elect to:
 Approve the zoning ordinance amendment as proposed.
 Approve the zoning ordinance amendment with modifications.  Deny the zoning ordinance amendment.
 Continue the public hearing for this zoning ordinance amendment and direct staff to conduct further study and return to Council for consideration.

Prepared by: Danny Castro, Design and Development Director Approved by: Jon McMillen, City Manager
384 CLICK HERE to Return to Agenda
ORDINANCE NO. XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, AMENDING SECTION 9.60.340
OF TITLE 9 OF THE LA QUINTA MUNICIPAL CODE
WHEREAS, the City Council of the City of La Quinta, California did, on January 16, 2024, hold a duly noticed public hearing for review of a City-initiated request of Zoning Ordinance Amendment 2023-1001 to amend Section 9.60.340 of Title 9 of the La Quinta Municipal Code; and
WHEREAS, previous to said Public Hearing, the Planning Commission of the City of La Quinta did, on December 12, 2023, consider a resolution to recommend City Council adopt Zoning Ordinance Amendment 2023-1001 and the resolution did not pass by unanimous vote; and
WHEREAS, the Design and Development Department published a public hearing notice for this request in The Desert Sun newspaper on January 5, 2024, as prescribed by the Municipal Code; and
WHEREAS, the zoning ordinance amendment allows the placement of flagpoles for residential zoning districts managed by a homeowner association (HOA), to not be limited to the minimum setback from a property line, with the approval of the board of directors of the HOA; and
WHEREAS, at said public hearing, upon hearing and considering all public testimony and arguments, if any, of all interested persons wanting to be heard, the City Council did make the following mandatory findings to justify adoption of said Zoning Ordinance Amendment, enclosed as Exhibit A, and incorporated herewith by this reference:

1. Consistency with General Plan
The code amendment is consistent with the goals, objectives, and policies of the General Plan. The proposed amendment is supported by Policy LU-1.2 for land use decisions to be consistent with General Plan policies and programs and uphold the rights and needs of property owners and the public; and

2. Public Welfare
Approval of the code amendment will not create conditions materially detrimental to the public health, safety, and general welfare. The amendment allows for flexibility on the placement of flagpoles on single family property managed by a homeowner association and consistent with the covenants, conditions, and restrictions (CC&Rs) governing the single family property, with the approval of the board of directors of the HOA, and does not incorporate any changes that affect 385 CLICK HERE to Return to Agenda
Ordinance No. XXX
Amendments to Section 9.60.40 – Flagpoles and Section 9.280.030 – Definition of terms Adopted: Month, Date, 2024

Page 2 of 4 ends

the regulation and/or provision of public services, utility systems, or other foreseeable health, safety, and welfare considerations.

NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows:

SECTION 1. TITLE 9 shall be amended as written in “Exhibit A” attached hereto.

SECTION 2. The proposed zoning code amendment has complied with the requirements of "The Rules to Implement the California Environmental Quality Act of 1970" (CEQA) as amended (Resolution 83-63). The zoning code amendment is consistent with the previously approved findings of the General Plan 2035 EIR (Environmental Assessment 2012-622) as the proposed amendment implements the goals, policies, and programs of the General Plan.

SECTION 3. That the City Council does hereby approve Zoning Ordinance Amendment 2023-1001, as set forth in attached “Exhibit A” for the reasons set forth in this Ordinance.

SECTION 4. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.

SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least two public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta.

SECTION 6. CORRECTIVE AMENDMENTS: That the City Council does hereby grant the City Clerk the ability to make minor amendments to “Exhibit A” to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 7. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this __________, 2024, by the following vote:
386 CLICK HERE to Return to Agenda
Ordinance No. XXX
Amendments to Section 9.60.40 – Flagpoles and Section 9.280.030 – Definition of terms Adopted: Month, Date, 2024

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AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Ordinance No. XXX
Amendments to Section 9.60.40 – Flagpoles and Section 9.280.030 – Definition of terms Adopted: Month, Date, 2024

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. (enter number) which was introduced at a regular meeting on the (date) day of (month), (year), and was adopted at a regular meeting held on the (date) day of (month), (year), not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-027.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on , pursuant to Council Resolution. ________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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9.60.340 - Flagpoles.

Flagpoles shall be allowed in all residential zoning districts subject to the following standards:

A. Height of flagpoles shall not exceed twenty (20) feet.

B. Flagpoles shall not be allowed within any yard, except if a yard abuts open space, a golf course, or a street, flagpoles shall maintain a minimum setback distance of 5 feet from any property line.

C. Installation of flagpoles shall require a building permit.

D. For residential zoning districts, in which single family dwellings are located within a common interest development and subject to a declaration of covenants, conditions, and restrictions (CC&Rs) and managed by a homeowner association, the placement of flagpoles on lots with single family dwellings shall not be limited to the standard set forth in Subsection (B) of this section, if the proposed placement of a flagpole is consistent with the CC&Rs governing the single family dwelling and the board of directors of the homeowner association approves the placement of the flagpole. The applicant shall submit a letter or other city-required document from the homeowner association that confirms the approval of the placement of the flagpole with a building permit application.

ED. Flagpoles that were installed prior to February 14, 2019, but otherwise meet the height limitation in this section, shall be allowed to remain in place so long as a building permit is obtained if there was no building permit issued previously. Proof of installation or existence of flagpoles prior to February 14, 2019 may be required.

9.280.030 - Definition of terms.
"Abandoned" means a structure or use, the development or operation of which has been ceased or suspended.
"Abutting" or "adjacent" means two (2) or more parcels sharing a common boundary at one (1) or more points.
"Access/egress" means provision for entering a site from a roadway and exiting a site onto a roadway via motorized vehicle.
"Accessory building or structure" means a building or structure, the use of which is subordinate and incidental to the main building or use on the same building site. As it pertains to Section 9.140.060, Equestrian overlay district, "accessory building" means any building subordinate to a permitted or conditionally permitted equestrian use, including, but not limited to, hay and Ordinance No. XXX - Exhibit A
Amendments to Section 9.60.40 – Flagpoles and Section 9.280.030 – Definition of terms 389 CLICK HERE to Return to Agenda

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tack barns, stables and other structures and uses customarily appurtenant to the primary permitted use. Also pertaining to Section 9.140.060, Equestrian overlay district, "accessory structure" means any structure subordinate to a permitted or conditionally permitted equestrian use, including, but not limited to, arenas, grandstand seating, corrals, exercise rings, and other structures associated with the permitted use. Fences are not considered structures for the purposes of this section.
"Accessory use" means a land use subordinate and incidental to the principal use on the same building site.
"Actual construction" means the actual placing of construction materials in their permanent position fastened in a permanent manner except that where a basement is being excavated, such excavation shall be deemed to be actual construction, or where demolishing or removal of an existing building or structure has begun, such demolition or removal shall be deemed to be actual construction, providing in all cases that actual construction work be diligently carried on until the completion of the entire building or structure involved. "Administrative office" means a place of business for the rendering of service or general administration, but not including retail sales.

Adult Business, Adult Entertainment Business or Adult Oriented Business. See Sexually oriented businesses, Chapter 5.80 of the municipal code.

Advertising Device or Display. See sign definitions, Section 9.160.130. "Affordable housing cost" bears the same meaning as defined in Section 50052.5 of the California Health and Safety Code.
"Affordable housing unit" means a dwelling unit within a housing development which will be rented or sold to and reserved for very low income households, lower income households, moderate income households (where qualified) and/or senior citizens at an affordable housing cost for the respective group(s) in accordance with Section 65915 of the California Government Code and Section 9.60.260 of this code.
"Affordable rent" means that level of rent defined in Section 50053 of the California Health and Safety Code.
"Agricultural activity, operation, or facility, or appurtenances thereof" includes all uses allowed under the agricultural overlay district, including, but be limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural commodity, including timber viticulture, apiculture, or horticulture, the raising of livestock, fur bearing animals, fish, or poultry, and any practices performed by a farmer or on a farm 390 CLICK HERE to Return to Agenda

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as incident to or in conjunction with such farming operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market.
"Alley" means a secondary means of access to abutting property located at the rear or side of the property.
"Alteration" means any physical change in the internal or external composition of a building or other structure.

Animal Hospital or Animal Clinic. See "Veterinary clinic." "Antenna" means a device for transmitting or receiving radio, television, satellite, microwave or any other transmitted signal.
"Apartment" means a dwelling unit within an apartment building designed and used for occupancy by one (1) family on a rental basis. "Apartment building" or "apartment project" means a building or group of buildings in a single ownership with three (3) or more dwelling units per building and with most or all units occupied on a rental basis.

Area, Project Net. See "Project net area."
"Arena" means an enclosure physically similar to a corral, designed and constructed so as to be used for conducting equine-related entertainment and events open to the public, including, but not limited to, rodeos, polo matches, riding shows and exhibitions, etc.
"Attached structures" means two (2) or more structures which are physically connected with a wall, roof, deck, floor, bearing or support structures, trellises, architectural features or any other structure, fixture or device that exceeds thirty (30) inches in height above the finished grade.

Attached Dwelling or Attached Residential. See "Dwelling, attached." "Automobile repair specialty shop" means a retail and service place of business engaged primarily in light repair and sale of goods and services for motor vehicles, including brake, muffler and tire shops and their accessory uses.

Heavier automobile repair such as major body and paint work, transmission repair, or engine repair are not included in this definition. "Automobile service station" means a retail place of business engaged primarily in the sale of motor fuels and supplying those incidental goods and services which are required in the day-to-day operation of motor vehicles. 391 CLICK HERE to Return to Agenda

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"Automobile wrecking" or "automobile dismantling" means the storage or taking apart of damaged or wrecked vehicles or the sale of such vehicles or their parts.
"Awning" means a roof-like cover that is attached to and projects from the wall of a building for the purpose of decoration and/or providing shielding from the elements.
"Bar and cocktail lounge" means an establishment whose primary activity is the service of alcohol, beer or wine.
"Basement" means a habitable building level which is partly or completely underground. A basement shall be counted as a building story if more than five (5) feet of the height of any portion is above adjoining finish grade. "Bed and breakfast" means a residential dwelling occupied by a resident, person, or family, containing individual living quarters occupied for a transient basis for compensation and in which a breakfast may be provided to guests.

The breakfast provided shall not constitute a restaurant operation and may not be provided to persons other than guests of the inn.
"Bedroom" means any habitable room that may be used for sleeping purposes other than a kitchen, bathroom, hallway, dining room or living room. "Berm" means a mound or embankment of earth.

Billboard. See sign definitions, Section 9.160.130.
"Boardinghouse" means any building or portion thereof with access provided through a common entrance to guest rooms having no cooking facilities. Guest rooms are rented on a monthly basis or longer and meals are provided. "Buildable area" means the portion of a building site remaining after deducting all required setbacks and meeting any requirements regarding maximum lot coverage or minimum open area.
"Building" means an enclosed structure having a roof supported by columns or walls.
"Building height" means the height of a building relative to the surrounding ground area. Measurement of maximum building height is defined in Sections 9.50.050 and 9.90.010.

Building, Main. "Main building" means the building containing the main or principal use of the premises.
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La Quinta City CouncilJanuary 16, 2024

La Quinta City Council
January 16, 2024