Exhibit A
Scope of Services
See attached scope of work.
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LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS
SCOPE OF WORK
1 We propose to provide A&E services for the scope of services outlined in the Request for Proposals for City of La Quinta X-Park Building ADA Improvements Project No. 2023-08. A detailed scope of work by phase is provided below.
I. PHASE I
A. Kick-off Meeting
1. Schedule and chair a kickoff meeting with the City to discuss the proposed work plan and special concerns
B. Site Visit
1. A&E team will schedule with the City and perform a site review with the City representatives
a. Assess the site conditions and the existing building configuration, structure, electrical systems and equipment.
2. We assume that the existing as-built drawings, including architectural, electrical and structural drawings are available and can be used as a base for this project. a. Review of existing design and other relevant information b. Review of as-built drawings and specifications
c. Review of existing electrical systems reports and maintenance operations logs d. Review of existing electrical distribution board capacity C. Concept Design
1. Identify and recommend feasible ADA-compliant access solutions, with a preference for an exterior lift system with prefabricated enclosure.
a. Design an exterior lift or other suitable accessibility improvement to provide safe and compliant access to the roof.
b. Based on the City's expectations and requirements, conduct a comprehensive evaluation of various lift systems with prefabricated enclosures from multiple manufacturers. Perform a thorough analysis to assess their suitability in terms of functionality, cost-effectiveness, and long-term maintenance. Upon completion of the assessment, provide recommendations for the lift system that best meets public needs, aligns with the City's budget, and supports its long-term maintenance objectives.
c. Ensure the design integrates with the existing prefabricated structure and aligns with aesthetic functional goals.
d. Maintain the existing stairs as the primary non-ADA access while incorporating the new improvements as the primary ADA access.
2. Code analysis: Identify applicable codes and standards and coordinate requirements with appropriate city, county, state, and any other applicable agency
3. We assume the City will provide a Geotechnical report prepared specifically for this project and provide design information and criteria necessary for use in our structural design. We will prepare request for proposal (RFP) for geotechnical services (if required).
4. Define design criteria for structural loads
5. Address and resolve questions raised by governing authorities regarding structural system
6. Preparation of a ROM statement of probable cost for up to three options 172 CLICK HERE to Return to Agenda
LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS
SCOPE OF WORK
2 D. Deliverables:
1. Maximum of three (3) conceptual plan options
2. Structural concept design report describing alternate schemes with narrative descriptions and markup plans sufficient for budget estimates.
3. A ROM statement of probable cost for three design options
4. Renderings of each conceptual plan option
II. PHASE II
A. Schematic Design
1. Develop Schematic Design Documents based on one City approved conceptual option a. Preliminary site and building plans
b. Preliminary sections and elevations
c. Development of approximate dimensions, areas and volumes
2. Provide space requirements to support our electrical systems’ equipment and distribution. This includes shafts, risers, and equipment rooms.
3. Identify long lead items and dates required for pre-purchase as early as possible and prepare prepurchase specifications as required to meet scheduled delivery dates for equipment.
4. Bi-monthly progress meetings with the City project manager and stakeholders.
B. Deliverables:
1. Architectural schematic level drawings
2. Structural Schematic Design documentation package
a. Narrative specifications
b. Bluebeam markups of architectural floor plans
3. Schematic electrical single-line diagrams.
4. Schematic major equipment layout and clearances.
III. PHASE IV
A. Construction Documents Services
1. Preparation of Construction Documents based upon approved Schematic Design documents. Construction Documents may include the following:
• Site Plan
• Vicinity Map
• Building Summary
• Sheet Index
• Building Department Notes
• Accessibility Requirements per CAC Title 24
• Demolition Plan
• Floor Plan(s)
• Roof Plan
• Building Sections
• Exterior Elevations
• Interior Elevations
• Door and Window Schedules
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LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS
SCOPE OF WORK
3 • Architectural Details
• Electrical Plans and Diagrams
• Prescriptive-method title 24 lighting compliance calculations and forms • Structural plans and details
• Structural Calculations
2. Reasonable coordination with all design-build consultants, if any.
3. Normal processing of documents through the City of La Quinta as required to obtain permits for construction.
4. Bi-monthly progress meetings with City Project Manager and stakeholders.
5. Deliverables:
a. Construction Documents
b. Project Specifications
c. Cost Estimate
IV. PHASE V
A. Bidding Services
1. Preparation of Bid Package including drawings and Project Manual.
2. Issuance of Bid Package to Owner for distribution to bidders. (Note: Printing of bid sets for distribution to bidders is not included in our scope of work).
3. Respond to reasonable questions from bidders during bid process.
4. Preparation of addenda for issuance to bidders
5. Assist Owner in the review of bids.
B. Construction Administration Services
1. The Architect shall visit the site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the work completed, and to determine, in general, if the work observed is being performed in a manner indicating that the work, when fully completed, will be in accordance with the drawings and specifications.
However, the Architect shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work. On the basis of the site visits, the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the work completed, and report to the Owner (1) know deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the work. The Architect is not responsible for the performance of the General Contractor or its subcontractors, for their errors and/or omissions, the construction forthe space, or the construction schedule, if any.
Construction Administration services are limited as follows:
a. Review of shop drawings/submittals.
b. Response to Contractor Requests for Information
c. Preparation of bulletins (if required).
d. Preparation of project punchlist.
2. Site Visits:
a. A maximum of two (2) construction progress visits by Architect and (1) visit for the project punch walk
b. A maximum of one (1) construction progress visit by Structural Engineer and one (1) for the project punch walk
c. A maximum of two (2) construction progress visit by Electrical Engineer and one (1) for the project punch walk
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LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS
SCOPE OF WORK
4 V. ASSUMPTIONS & EXCLUSIONS
A. Assumptions
1. We assume that the ADA lift will use natural ventilation. No Mechanical Engineering is included with this proposal.
2. There will be one permit package for the project with all architectural, structural and other consultant packages submitted concurrently.
3. Building Information Models (BIM) will contain elements modelled to a Level of Development (LOD) 200, unless otherwise noted. Refer to AIA Document G202-2013, Article 2 for detailed description of Level of Development.
4. All demands from the prefabricated lift, including to the foundations and back to the existing structure, and the connections to each of these, will be provided by the manufacturer.
5. The addition of this structure, or any potential modifications to the existing stairs, will not trigger mandatory evaluation or strengthening of the existing structure. No modification of the existing other than lateral connection is included in this scope.
6. The design of the building will follow the design intent described in the RFP.
7. We have assumed that all existing electrical rooms and main electrical panels shall remain in place.
8. We have assumed that adequate electrical capacity is available. Electrical service upgrades and re-routing of additional power from main switchboards can be provided as an additional service if required.
9. The goal is to provide new lighting power circuitry and lighting controls for the new LED lighting. Additional panels shall be designed and coordinated as necessary and fed from the existing main switch board.
10. We have assumed that we will not be involved in the design of the building security systems. However based on information provided by the Owner’s Security Consultant, we will provide the power requirements on our drawings for all security equipment. We will also provide a specification for the conduit and raceway requirements.
11. The project is assumed to contain no design or construction phasing or temporary service requirements. Design of multiple buildings will occur simultaneously.
12. The Contractor will provide Record Documents and As-Builts in electronic format for A&E review and comment
13. Client will provide all required readings for us to complete our scope of work. These readings include three (3) week meter readings, air and water balance reports, etc.
14. Existing engineered systems and utilities have adequate capacity to accommodate the project’s loads unless otherwise noted in this proposal.
15. Preparation of short circuit, coordination and arc fault studies is not included. If required, this service will be provided by the project’s electrical contractor.
16. Startup, troubleshooting assistance, and commissioning are not included.
17. We have assumed that accurate as-built drawings are available for the existing space in AutoCAD format.
18. We have assumed that the existing record electrical as built drawings are available and can be used as a base for this project.
19. All as-built record drawings shall be by the contractor. 175 CLICK HERE to Return to Agenda
LA QUINTA X-PARK BUILDING ADA IMPROVEMENTS
SCOPE OF WORK
5 20. Geotechnical report shall be provided by the City. Modifications to project resulting from any unknown subsurface geological condition not disclosed in the RFP shall be provided as an additional service. By example, structural foundation design resulting from liquefaction, ground water conditions, remediation of building foundations resulting from insufficient soil bearing values, deep foundations, soil remediation.
21. At this time, we do not anticipate the need for civil engineering. Should civil engineering services be required, we can provide as an additional service.
22. At this time, we do not anticipate the need for mechanical and plumbing engineering.
Should mechanical and plumbing engineering services be required, we can provide as an additional service
23. At this time, we do not anticipate the need for landscape architectural services. Should landscape architectural services be required, we can provide as an additional service.
24. At this time, we do not anticipate the need for dry utility consulting services. Should dry utility consulting services be required, we can provide as an additional service.
B. Exclusions
1. Mechanical and Plumbing Engineering
2. Detailed design of secondary structural elements (i.e. window supports, curtain wall supports, exterior cladding, window washing equipment, elevator machine supports and miscellaneous metal supports);
3. Landscape structural elements such as site walls, trellis, etc
4. Geotechnical investigation and report
5. Material testing and destructive investigation
6. Special inspections during construction
7. Design of elements for exterior building maintenance
8. Preparation of demolition documentation (for existing buildings)
9. Engineering or inspection of contractor temporary works such as shoring, bracing, underpinning or propping
10. Work required to address design revisions after completion of Schematic Design
11. As-built documentation
12. Work required to correct non-conforming construction undertaken by the contractor or unforeseen conditions
13. Design of support/bracing/anchorage of mechanical, electrical and plumbing (MEP) systems and furniture, fixtures and equipment (FF&E) elements
14. Services necessary due to significant scope change or design revisions.
15. Services necessary due to significant schedule extensions or accelerations
16. This proposal does not include any specialty consultant work such as architectural lighting design, telecommunications, IT, audio/visual, security, etc. 176 CLICK HERE to Return to Agenda
Exhibit A
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 177 CLICK HERE to Return to Agenda
Exhibit A
its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Not Applicable.
3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. (b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract 178 CLICK HERE to Return to Agenda
Exhibit A
or by law which pertain to the resolution of disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Not Applicable.
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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 One Hundred Four Thousand Nine Hundred Dollars ($104,900.00) for the life of the agreement, encompassing the Initial and any Extended Terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.
Phase 1 shall be paid as a lump-sum on a percentage of completion basis not to exceed Sixteen Thousand Three Hundred Dollars ($16,300.00) per attached work schedule.
Phase 2 shall be paid as a lump-sum on a percentage of completion basis not to exceed Eighteen Thousand Four Hundred Dollars ($18,400.00) per attached work schedule.
Phase 3 shall be paid as a lump-sum on a percentage of completion basis not to exceed Forty-Four Thousand Two Hundred Dollars ($44,200.00) per attached work schedule.
Phase 4 shall be paid on a time and materials basis not to exceed TwentyOne Thousand Dollars ($21,000.00) per attached work schedule.
Reimbursable Items shall be paid on a time and materials basis not to exceed Five Thousand Dollars ($ 5,000.00).
Exhibit B
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X-PARK BUILDING ADA IMPROVEMENTS PROJECT
COMPLETE FEE SCHEDULE
We propose to provide Architectural & Engineering services for the scope of services outlined in our proposal for X-Park Building ADA Improvements, City Project No. 2023-08, for a fee of Ninety-Nine Thousand Nine Hundred dollars ($99,900.00) plus reimbursable expenses as follows.
Reimbursable expenses are estimated not to exceed Five Thousand Dollars ($5,000.00).
FEE BY DISCIPLINE
Discipline Pre-Fab Elevator Option
Architectural $56,800
Structural $22,800
Electrical $8,800
Cost Estimating $11,500
Total $99,900
FEE BY PHASE
Discipline Pre-Fab Elevator Option
Phase 1 – Concept Design $16,300
Phase 2 – Schematic Design $18,400
Phase 3 – Construction Documents / Permitting $44,200
Phase 4 – Bidding / Construction Administration $21,000 Total $99,900
Estimated Reimbursable Expenses $ 5,000
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X-PARK BUILDING ADA IMPROVEMENTS PROJECT
COMPLETE FEE SCHEDULE
HOURLY RATE SCHEDULES
Billing Classification Hourly Rate
RY+AO
Principal $250.00
Design Director $230.00
Project Director $230.00
Senior Associate $210.00
Associate $190.00
Senior Designer $190.00
Senior Project Architect $190.00
Senior Project Manager $190.00
Project Manager $180.00
Project Architect $170.00
Designer $165.00
Senior Job Captain $155.00
Job Captain $145.00
Draftsperson $135.00
Junior Designer $130.00
Junior Draftsperson $130.00
Professional Staff $105.00
Holmes US
Principal $280 - $325
Associate Principal $225 - $255
Senior Engineer $190 - $210
Project Engineer $160 - $170
Structural Designer $150.00
Senior Revit Specialist $175
Revit Specialist $150 - $170
Administration $90.00
ELEN CONSULTING
Principal Engineer $250.00
Senior Engineer $190.00
Engineer $160.00
Senior Designer $130.00
Designer $110.00
CADD Operator $ 90.00
Clerical $ 80.00
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X-PARK BUILDING ADA IMPROVEMENTS PROJECT
COMPLETE FEE SCHEDULE
Cumming
Managing Director $255.00
Associate Director, Lead $225.00
Senior Cost Manager $200.00
Cost Manager $190.00
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Exhibit C
Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
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ID Task Name Duration Start Finish
1 City of La Quinta X-Park ADA
Improvements Design Schedule
2 TOTAL PROJECT DESIGN DURATION3 Phase I - Conceptual Design 7.2 wks Mon 4/21/25 Tue 6/10/25 4 Project Kickoff 0 days Mon 4/21/25 Mon 4/21/255 Site Survey & Assessment 1 wk Fri 4/25/25 Thu 5/1/256 Conceptual Desgin 2 wks Mon 4/28/25 Fri 5/9/257 Cost Estimate 1 wk Mon 5/12/25 Fri 5/16/258 City Review 2 wks Mon 5/19/25 Fri 5/30/259 City Council Approval 0 days Tue 6/10/25 Tue 6/10/25 10 Phase II - 40% Design (SD) 5 wks Tue 6/10/25 Mon 7/14/2511 Schemetic Design 3 wks Tue 6/10/25 Mon 6/30/2512 City Review 2 wks Tue 7/1/25 Mon 7/14/2513 Phase III-Design 90%-100 (CD&Permitting) 8 wks Tue 6/10/25 Mon 8/4/2514 Construction Document 4 wks Tue 6/10/25 Mon 7/7/2515 Cost Estimate 1 wk Tue 7/8/25 Mon 7/14/2516 City Plan Check Submittal 4 wks Tue 7/8/25 Mon 8/4/2517 Phase IV - Bidding & Construction 16 wks Tue 8/5/25 Mon 11/24/2518 Bidding 4 wks Tue 8/5/25 Mon 9/1/2519 Construction 12 wks Tue 9/2/25 Mon 11/24/2520 21 0%
4/21
0%
0%
0%
0%
6/10
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
Apr May Jun Jul Aug Sep Oct Nov Dec
Qtr 2, 2025 Qtr 3, 2025 Qtr 4, 2025
CriticalCritical SplitCritical ProgressTaskSplitTask Progress Manual TaskStart-onlyFinish-onlyDuration-onlyBaselineBaseline Split Baseline MilestoneMilestoneSummary ProgressSummaryManual SummaryProject Summary External TasksExternal MilestoneInactive TaskInactive MilestoneInactive SummaryDeadline La Quinta X-Park - Design Schedule-V1
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Exhibit D
Exhibit D
Special Requirements
None
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Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Errors and Omissions Liability
$1,000,000 (per claim and aggregate)
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to 187 CLICK HERE to Return to Agenda
Exhibit E
Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.
Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.
Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.
If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. 188 CLICK HERE to Return to Agenda
Exhibit E
Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition 04/13. Contracting Party also agrees to require all contractors, and subcontractors to do likewise.
2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.
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Exhibit E
3. All insurance coverage and limits provided by Contracting Party and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to City or its operations limits the application of such insurance coverage.
4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or of any contractor or subcontractor.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. Contracting Party shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City’s protection without City’s prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all the coverages required and an additional insured endorsement to Contracting Party’s general liability policy, shall be delivered to City at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by Contracting Party or deducted from sums due Contracting Party, at City option.
8. It is acknowledged by the parties of this agreement that all insurance coverage required to be provided by Contracting Party or any subcontractor, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.
9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement 190 CLICK HERE to Return to Agenda
Exhibit E
to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.
17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 191 CLICK HERE to Return to Agenda
Exhibit E
18. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
19. The requirements in this Exhibit supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.
20. Contracting Party agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contracting Party for the cost of additional insurance coverage required by this agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
21. Contracting Party agrees to provide immediate notice to City of any claim or loss against Contracting Party arising out of the work performed under this agreement.
City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 192 CLICK HERE to Return to Agenda
Exhibit F
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, and hold harmless City and any and all of its officials, employees, and (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party. c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City. Contracting Party shall reimburse City for reasonable defense costs incurred.
193 CLICK HERE to Return to Agenda
Exhibit F
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 194 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT
SERVICES WITH TY LIN INTERNATIONAL FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05
RECOMMENDATION
Approve Amendment No. 1 to Agreement for Contract Services with TY Lin International, in the amount of $390,562, for the Dune Palms Road Bridge Improvement Project No. 2011- 05; and authorize the City Manager to execute the amendment.
EXECUTIVE SUMMARY
The Dune Palms Road Bridge Project (Project) (Attachment 1) is currently completing construction to replace the existing low water crossing with an allweather access bridge on Dune Palms Road at the Coachella Valley Storm Water Channel (CVSWC).
On February 24, 2025, the City issued Change Order No. 1 authorizing additional services in an amount of $29,396 for coordinating the groundbreaking ceremony for the bridge.
Proposed Amendment No. 1 to the Agreement for Contract Services with TY Lin International (TY Lin) authorizes additional construction management and inspection services (CMI) on actual cost plus a fixed fee (Attachment 2). The original fee was an estimate based on the construction days allowed in the original construction contract.
FISCAL IMPACT
The Project has an approved budget of $30,064,243; and it is funded through a combination of the following sources:
Phase Estimated Cost
for Bridge Project
Federal Funding
(Caltrans-HBP)
Non-Participating
Plus Local Share
Engineering/Design $2,050,000 $1,549,275 $500,725
Right of Way $1,570,554 $1,166,825 $403,729
Construction $21,760,704 $16,610,884 $5,149,820
Const. Engineering $2,764,651 $2,491,632 $273,019
Utility Agreement (IID) $65,750 $0.00 $65,750
Contingency $1,852,584 $1,661,088 $191,496
Total Costs: $30,064,243 $23,479,704 $6,584,539
CONSENT CALENDAR ITEM NO. 11
195 CLICK HERE to Return to Agenda
Caltrans-HBP Funding Share: $23,479,704
City of La Quinta Funding Share: $1,093,003
CVAG Funding Share: $5,421,936
CVWD Funding Share: $69,600
Total Cost: $30,064,243
The proposed Amendment 1 will increase the total not to exceed amount by $390,561.
Sufficient funds are available for this Amendment in the Project Budget Base Contract Amount: $2,760,329
Change Order No. 1: $29,396
Amendment No. 1: $390,561
Contract Total: $ 3,180,286
BACKGROUND/ANALYSIS
In February 2022, Council approved an Agreement with TY Lin to provide professional construction management and inspection services for an all-weather bridge. The Project is currently finishing the construction phase.
On February 24, 2025, the City issued Change Order No. 1 authorizing TY Lin to provide additional services related to the groundbreaking ceremony of the bridge in accordance with Sections 1.7 Additional Services and 2.4 Compensation for Additional Services in an amount of $29,396.
The proposed Amendment 1 is for the additional amount of $390,561 for additional time required to construct the project due to delays caused primarily by Tropical Storm Hillary, utility delays, and construction change orders. The additional time will also allow TY Lin to assist the City in closing out the construction phase in conformance with the funding requirements.
ALTERNATIVES
Staff does not recommend an alternative.
Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Project Vicinity Map
2. TY Lin International Amendment No. 1
196 CLICK HERE to Return to Agenda
Vicinity Map – Dune Palms Bridge
PROJECT LOCATION
HIGHWAY 111
ATTACHMENT 1
AVENUE 48
197 CLICK HERE to Return to Agenda
AMENDMENT NO. 1
TO AGREEMENT FOR CONTRACT SERVICES WITH TY LIN INTERNATIONAL This Amendment No. 1 (“Amendment No. 1”) to Agreement for Contract Services (“Agreement”) is made and entered into as of the ___ day of May 2025 ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and TY Lin International, a Corporation (“Contracting Party”).
RECITALS
WHEREAS, on or about July 1, 2022, the City and Contracting Party entered into an Agreement to provide those services related to Construction Management, Inspection, Material Testing, and Survey Services for the Dune Palms Road Bridge Project (Federal Project No. BRKLS-5433(014), City Project No. 2011-05), for the City. Total compensation to be paid to Contracting Party was not to exceed $2,760,328.58 dollars.
The term of the Agreement expires on June 30, 2026; and WHEREAS, on or about February 24, 2025, the City issued Change Order No. 1 authorizing additional services and compensation pursuant to the following sections of the Agreement:
Section 1.7 Additional Services – to provide ground-breaking coordination services;
Section 2.4 Compensation for Additional Services – compensation in the amount of $29,395.47 for Additional Services amounting to not more than 5% of the Contract Sum and authorized by the Contract Officer as noted above under Section 1.7); and
WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 Scope of Services of the Agreement as outlined in detail in enclosed Exhibit A, incorporated herewith by this reference; and
WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and Exhibit B Schedule of Compensation of the Agreement to increase the total compensation amount by an additional $390,561.14, for a total not to exceed amount of $3,180,285.19, for the services pursuant to Section 2.4 Compensation for Additional Services and as included in Exhibit A.
NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:
ATTACHMENT 2
198 CLICK HERE to Return to Agenda
1. Section 1.1 Scope of Services is amended to include the Services detailed in the attached “Exhibit A”, incorporated herewith by this reference.
2. Exhibit A – Scope of Services is amended to include the services as detailed in enclosed “Exhibit A” incorporated herewith by this reference.
3. Section 2.1 Contract Sum is amended to read as follows:
2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated based on actual cost plus a fixed fee in accordance with “Exhibit B” (the “Schedule of Compensation”). The total amount payable by City including the Fixed Fee, as provided in Section 2.2, shall not exceed Three Million One Hundred Eighty Thousand Two Hundred Eighty-Five Dollars and Nineteen Cents ($3,180,285.19) (the “Contract Sum”), except as provided in Section 1.7.
4. Exhibit B – Schedule of Compensation is amended as detailed in enclosed “Exhibit B” incorporated herewith by this reference.
In all other respects, the original Agreement shall remain in effect.
IN WITNESS WHEREOF, the City and Contracting Party have executed Amendment No. 1 to the Agreement on the respective dates set forth below.
CITY OF LA QUINTA, TY Lin International
a California municipal corporation
____ ____
JON McMILLEN, City Manager Philip Yartey, P.E.
City of La Quinta, California Senior Vice President
Dated: __________________ Dated: _________________
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
199 CLICK HERE to Return to Agenda
Exhibit A
Scope of Services
*Note: Exhibit A referenced in Scope Request is in Exhibit B to this amendment. 200 CLICK HERE to Return to Agenda
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.4 of this Agreement, the maximum total compensation to be paid to the Contracting Party shall be based on actual cost plus a fixed fee in accordance with this “Exhibit B” under this Agreement is not to exceed Three Million One Hundred Eighty Thousand Two Hundred Eighty-Five Dollars and Nineteen Cents ($3,180,285.19) (the “Contract Sum”), except as provided in Section 1.7.
Base Contract Amount: $2,760,328.58
Change Order No. 1: $29,395.47
Amendment No. 1: $390,561.14
Contract Total: $ 3,180,285.19
201 CLICK HERE to Return to Agenda
202 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT
SERVICES WITH DESERT LIMNOLOGISTS DBA SOUTHWEST AQUATICS, INC FOR VARIOUS LAKE MAINTENANCE, REPAIR, AND ON-CALL SERVICES; AND
AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS
SELECT SOURCE FOR ON-CALL LAKE MAINTENANCE AND REPAIR SERVICES
RECOMMENDATION
A. Approve Amendment No. 3 with Desert Limnologists dba Southwest Aquatics, Inc. for Civic Center Campus Lake Maintenance Services Project No. 2019-11, SilverRock Park lake and water feature maintenance, Civic Center Campus lake biofilter replacement and related work, and as needed on-call lake maintenance and repair services; and authorize the City Manager to execute the amendment.
B. Authorize the Public Works Department to utilize this vendor as a select source for on-call lake maintenance and repair services.
EXECUTIVE SUMMARY
The City contracts lake maintenance services to maintain lakes and streams in City parks.
On September 17, 2019, Council approved an agreement for the Civic Center Campus Lake Maintenance Services Project No. 2019-11 with Desert Limnologists dba Southwest Aquatics, Inc. (SW Aquatics), which was subsequently amended via Amendment Nos. 1 and 2 to include maintenance of the SilverRock Park lake and water feature and extend the term through June 30, 2026. On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work.
Amendment No. 3 (Attachment 1) requests additional spending authority of up to $125,000 in fiscal years (FYs) 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of the Civic Center Campus lake biofilter replacement work.
CONSENT CALENDAR ITEM NO. 12
203 CLICK HERE to Return to Agenda
FISCAL IMPACT
Staff requests additional spending authority in FYs 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of the Civic Center Campus lake biofilter replacement and related work.
If proposed Amendment No. 3 is approved, total compensation under the SW Aquatics agreement, since 2019 to present is as detailed in the table below.
Services Compensation
Agreement (2019-2024) (approved 9/17/2019)
Civic Center Campus Lake Maintenance $ 81,000
Amendment No. 1 (2021-2024) (approved 8/3/2021)
Added SilverRock Park Lake Maintenance $ 51,300
Amendment No. 2 (2024-2026) (approved 9/17/2024)
Added SilverRock Park Water Feature Maintenance, extended the term for FY 2025-26, and 5% compensation increase
$ 59,535
Additional Spending Authority FY 2024/25 (approved 9/17/2024) For on-call as needed extra maintenance and repair work $ 50,000 Additional Spending Authority FYs 2024/25 and 2025/26
(proposed for Council’s consideration on 5/6/2025)
For Civic Center Lake Biofilter Replacement and related work $125,000
GRAND TOTAL: $366,835
These costs are currently included in FY 2024/25 operating budget for Civic Center Campus Lake Maintenance (101-3005-60117); SilverRock Event Site Lake Maintenance (101-3005-60189); and Park Equipment and Facility Funds (503-0000-71060); and any remaining funds will be carried over into FY 2025/26 budget.
BACKGROUND/ANALYSIS
The lake maintenance contract provides services twice per week and includes debris removal, algae control, pH balance testing, and inspection of skimmers, pumps and equipment. All labor and equipment to maintain the lakes is provided by SW Aquatics.
In September 2019, Council approved a 5-year agreement for Civic Center Campus Lake Maintenance Services Project No. 2019-11 with SW Aquatics, from October 1, 2019, through September 2024. In August 2021, the City executed Amendment No. 1 which added maintenance services for the lake at the SilverRock Park and related additional compensation.
204 CLICK HERE to Return to Agenda
In September 2024, Council approved Amendment No. 2 which extended the agreement term for 2 additional years, through June 30, 2026, added maintenance of the SilverRock water feature to the scope of work and related compensation, and increased overall annual compensation by 5%.
In September 2024, Council also approved additional spending authority up to $50,000 in FY 2024-25 to utilize SW Aquatics as a select source for additional on-call lake maintenance and repairs as needed, for work outside the scope of the agreement.
Additional work is not guaranteed; however, it allows for extra lake maintenance to be performed as needed for maintenance outside of the scope of this agreement. Work may include but is not limited to providing lake maintenance more than twice per week, pump maintenance/repair, debris clean up, algae removal, and other miscellaneous maintenance/repair services as needed.
On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work for a not to exceed amount of $170,000 in FY 2024/25, which will take approximately 4 weeks to complete and requires draining the lake. Per Council’s direction, work will begin on or about May 19, 2025. Any remaining funds from the budget allocation for this work will be carried over into FY 2025/26.
Proposed Amendment No. 3 requests additional spending authority of up to $125,000 in FYs 2024/25 and 2025/26 to utilize SW Aquatics to complete portions of this work.
ALTERNATIVES
Council may elect not to approve this proposed Amendment No. 3, however, as Council approved proceeding with the Civic Center Campus lake biofilter replacement, staff does not recommend this alternative, as it will delay completing the work until a different vendor can be procured.
Prepared by: Monika Radeva, City Clerk
Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Jon McMillen, City Manager
Attachment: 1. Amendment No. 3 to Agreement for Contract Services 205 CLICK HERE to Return to Agenda
AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES
WITH DESERT LIMNOLOGISTS, INC. DBA SOUTHWEST AQUATICS
This Amendment No. 3 (“Amendment 3”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 1st day of May, 2025, ("Effective Date") by and between the CITY OF LA QUINTA ("City"), a California municipal corporation and Desert Limnologists, Inc. dba Southwest Aquatics, Inc. (“Contracting Party”).
RECITALS
WHEREAS, on or about October 1, 2019, the City and Contracting Party entered into an Agreement to provide Civic Center Lake Maintenance Services Project No. 2019-11, for a 5-year term (“Initial Term”) through September 30, 2024, and an optional 2-year extension (“Extended Term”), for a total not to exceed amount of $16,200 per year, for a grand total not to exceed $81,000; and
WHEREAS, on or about July 1, 2021, the City and Contracting Party executed Amendment No. 1 and amended Section 1.1 Scope of Work to include maintenance services for the SilverRock Event Site effective August 1, 2021, through September 30, 2024, and amended Section 2.1 Contract Sum to include additional compensation of $16,200 per year, for a grand total of $51,300, for the additional services; and WHEREAS, on or about September 18, 2024, the City and Contracting Party executed Amendment No. 2 and amended the Agreement as follows:
Section 1.1 Scope of Work – added cleaning of the water fountain at the SilverRock Park and intake screen;
Section 2.1 Contract Sum – increased compensation by $59,535 for the additional services and a 5% increase;
Section 3.4 Term – extended the term from October 1, 2024, to June 30, 2026 (“Extended Term”); and
WHEREAS, on September 17, 2024, in accordance with Section 1.7 Additional Services of the Agreement, Council approved additional spending authority for Contracting Party for fiscal year 2024/25 for a not to exceed amount of $50,000 for on-call as needed services for extra work outside the scope of the Agreement; and
WHEREAS, on April 15, 2025, Council approved proceeding with the Civic Center lake maintenance to replace the biofilter and related work for a total not to exceed amount of $170,000 to complete all work. Per Council’s direction, work will begin on or about May 19, 2025. Any remaining funds from the budget allocation for this work will be carried over from fiscal year 2024/25 budget to fiscal year 2025/26; and
ATTACHMENT 1
206 CLICK HERE to Return to Agenda
WHEREAS, on May 6, 2025, Council approved additional spending authority for Contracting Party for fiscal years 2024/25 and 2025/26 for a not to exceed amount of $125,000 to complete the above mentioned Civic Center lake maintenance biofilter replacement and related work; and.
WHEREAS, the City and Contracting Party mutually agree to amend:
Section 1.1 Scope of Work to include the Civic Center Lake Maintenance Biofilter Replacement and related work; and
Section 2.1 Contract Sum to be increased by an additional $125,000 for fiscal years 2024/25 and 2025/26 for the additional services.
NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:
207 CLICK HERE to Return to Agenda
AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:
1.1 Scope of Services – is amended to read as follows:
In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services summarized below as (a) through (e), and specified in detail in the “Scope of Services,” attached hereto as “Exhibit A” and incorporated herewith by this reference (the “Services”):
a) Civic Center Campus Lake Maintenance Project No. 2019-11, b) SilverRock Park Lake Maintenance,
c) SilverRock Park Water Feature
d) Civic Center Campus Lake – biofilter replacement and related work e) Miscellaneous on-call as needed maintenance and repair services, as approved by the Contract Officer
2.1 Contract Sum – is amended to read as follows:
For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in an amount not to exceed $366,835 (the “Contract Sum”)
Services Compensation
Agreement (2019-2024) (approved 9/17/2019)
Civic Center Campus Lake Maintenance $ 81,000
Amendment No. 1 (2021-2024) (approved 8/3/2021)
Added SilverRock Park Lake Maintenance $ 51,300
Amendment No. 2 (2024-2026) (approved 9/17/2024)
Added SilverRock Park Water Feature Maintenance, extended the term for FY 2025-26, and 5% compensation increase
$ 59,535
Additional Spending Authority FY 2024/25 (approved 9/17/2024) For on-call as needed extra maintenance and repair work $ 50,000 Additional Spending Authority FYs 2024/25 and 2025/26
(approved 5/6/2025)
For Civic Center Lake Biofilter Replacement and related work $125,000
GRAND TOTAL: $366,835
In all other respects, the original Agreement shall remain in effect. 208 CLICK HERE to Return to Agenda
IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 3 to the Agreement on the respective dates set forth below.
CITY OF LA QUINTA SOUTHWEST AQUATICS, INC.
a California municipal corporation
____ _______________________
JON McMILLEN, City Manager CHRIS BEATY, President
City of La Quinta, California
Dated: ___________________ Dated: ______________
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
209 CLICK HERE to Return to Agenda
Exhibit A
Scope of Services
Lake Maintenance services for lakes and streams located at Civic Center Campus, and SilverRock Event Park.
1.0 SCOPE OF WORK
The scope of services shall include replacement of the Civic Center Lake biofilter and related work pursuant to this Amendment No. 3.
Existing scope of services remain unchanged as detailed below:
The work shall include furnishing all labor and equipment necessary to maintain the City lakes. Duties include, but are not limited to, the following:
Civic Center Campus and SilverRock Event Park Lakes:
Service – Twice per week
Lakes shall be maintained in “first-class condition,” “First-class condition” is defined as the following characteristics:
absence of objectionable odor and water
absence of inappropriate debris and trash
The level of the lake shall not exceed the liner and shall be maintained four inches below the shoreline.
1. Debris Removal; Floating Fountain; Intake Screen
A. Contractor shall remove all trash, such as paper, cans, bottles, broken glass, and floating debris from lakes, streams, water features and surrounding areas.
B. Contractor shall remove any organic matter such as leaves or branches that create an aesthetically unpleasant or biologically undesirable condition.
C. All refuse shall be removed and taken to a sanitary landfill.
D. Algae shall be removed from rocks (scrubbed) monthly, or more often as needed.
E. Monitor stream flow continuously to ensure no water spillage at the top lake. Restrict water flow at pump/motor.
F. SilverRock Event Park Lake floating fountain to be cleaned quarterly. a. Brush off motor.
b. Clean nozzles and float
G. Intake screen located at the bottom of the lake to be cleaned annually.
2. Chemical Applications
A. Contractor shall provide complete and continuous control and/or eradication of all noxious aquatic plant or algae growth
B. Contractor shall complete and furnish a pesticide application log to City. The log shall include the following information:
1) The target pest(s)
2) Method(s) of control
3) Copies of product labels
4) MSDS sheets
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5) Frequency schedule(s)
6) Copies of PCA recommendations
3. Water Quality/Clarity and pH
A. The lakes support a variety of aquatic life.
1) Contractor shall maintain a water pH balance that promotes optimal health conditions of aquatic life, waterfowl and wildlife in and around the lake. 2) Contractor shall maintain the level of water clarity such that the average Secchi disk measurement is at least 18 inches.
4. Notification
A. Contractor shall notify the M&O Superintendent (or designee) of any conditions noted that require further monitoring, investigation, or remedy for the safe and optimal operation of water features and related equipment.
5. Reports
A. Contractor shall produce and deliver to the M&O Superintendent (or designee) a report indicating all service activities performed monthly.
Equipment
A. Contractor shall possess a working knowledge of pumps and equipment, inspect weekly and notify the City’s Representative of any abnormalities.
B. Pumps and motors shall be visually inspected for abnormal conditions and lubricated per manufacturer’s specifications.
C. Skimmers shall be visually inspected and emptied of debris.
D. Contractor is responsible to keep the pump house free of excess debris, water/algae buildup.
Maintenance Activity Frequency
Remove debris 2 times per week*
Visually inspect all equipment Monthly
Inspect and empty skimmers/baskets 2 times per week*
Chemical applications Continuously as needed
Check motor(s) and pumps Monthly
Water quality/clarity and pH maintenance Continuously as needed pH balance test and adjustment Weekly
Algae removal from rocks Monthly/ as needed
SRR Fountain Cleaning Quarterly
Intake Screen Cleaning Annually
Lake Maintenance; Monday and Friday before 10:00 AM
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Civic Center Campus Lake Biofilter Replacement
Service includes:
Testing lake water for contaminates, bacteria, nutrients, and TPH. Assisting with relocation of fish to the upper lake
Installation of a temporary circulation system
Pump/equipment to shutdown and drain the lower lake
Remove existing gravel from gravel beds, wash on-site, replace clean gravel and purchase additional gravel in filter beds as needed per lake plans. Haul off and dispose of mud/debris/non-salvageable gravel. Refill lower lake utilizing a temporary construction meter from CVWD Restart circulation equipment/lake pumps
1. Performance Standards:
Measurement and Payment
City has specific criteria by which to evaluate the performance of Contractor on a weekly basis. If performance by Contractor is deficient, City reserves the right to subtract an associated amount form the monthly billing. Since it is difficult to quantify and assess a value to every aspect of the work, City may implement liquidated damages of $250 per day per incident until the deficiency is corrected. The following is a brief summary of possible deficiencies:
1. Failure to comply with contract specifications.
2. Failure to comply in a timely manner with contractually legitimate requests made by City.
3. Failure to provide specified reports or falsification of reports.
4. Failure to supply adequate equipment, labor or supervision.
5. Failure to repair deficiencies in the allotted time frame.
6. Failure to comply with schedules.
7. Failure to protect public health and safety.
8. Failure to provide adequate identification on vehicles or employees.
In the event Contractor fails to perform contractual obligations to the satisfaction of City, City many choose to obtain the services of a separate lake maintenance provider to fulfill Contractor’s obligations, and any and all associated charges shall be the responsibility of the Contractor
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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 $191,835 Dollars (“Contract Sum”).
Maintenance Services Compensation
Agreement (2019-2024) (approved 9/17/2019)
Civic Center Campus Lake Maintenance $ 81,000
Amendment No. 1 (2021-2024) (approved 8/3/2021)
Added SilverRock Park Lake Maintenance $ 51,300
Amendment No. 2 (2024-2026) (approved 9/17/2024)
Added SilverRock Park Water Feature Maintenance & 5%
compensation increase
$ 59,535
GRAND TOTAL: $191,835
Maximum total compensation for Additional Services, pursuant to Section 1.7 of this Agreement, to be paid to Contracting Party under this Agreement, only when authorized requested by the City and authorized by the Contract Officer as $175,000 Dollars.
Additional work is not guaranteed. Work may include but is not limited to providing lake maintenance more than twice per week, pump 1 maintenance/repair, debris clean up, algae removal, and other miscellaneous maintenance/repair services as needed.
Additional Services Compensation
Additional Spending Authority FY 2024/25 (approved 9/17/2024) For on-call as needed extra maintenance and repair work $ 50,000 Additional Spending Authority FYs 2024/25 & 2025/26
(approved 5/6/2025)
For Civic Center Lake Biofilter Replacement and related work $125,000
GRAND TOTAL: $175,000
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH
VARIABLE SPEED SOLUTIONS, INC FOR MISCELLANEOUS LAKE MAINTENANCE
AND REPAIR SERVICES
RECOMMENDATION
Approve an Agreement for Contract Services with Variable Speed Solutions, Inc. for miscellaneous lake maintenance and repair services; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
• The City contracts lake maintenance services to maintain lakes and streams in City parks.
• In 2024, Council approved an agreement with Variable Speed Solutions, Inc. (VSS) to fabricate a new lake pump for the Civic Center Campus lake. • On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work.
• Staff requests additional spending authority to utilize VSS should it be needed for work related to the biofilter replacement and miscellaneous lake maintenance and repair services.
FISCAL IMPACT
Total not to exceed spending authority under this agreement is $45,000; the term of the agreement will start May 7, 2025, and end June 30, 2026. Funds are available for fiscal year (FY) 2024/25 in the Parks Maintenance/Services account number 101-3005-60691, and Park Equipment and Facility account number 503-0000-71060; and any remaining funds will be carried over into the FY 2025/26 budget. The cost to replace pump 2 was $87,108 with a contingency amount of $8,000.
BACKGROUND/ANALYSIS
In 2024, Council approved an agreement, for a not to exceed amount of $95,108, with VSS to fabricate pump 2 that controls the water fountain at the Civic Center Campus lake which unexpectedly failed the weekend of July 4, 2024. The lake requires lake pumps to aerate CONSENT CALENDAR ITEM NO. 13
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and circulate water from the upper lake to the lower lake and control the fountain in the center of the lake. The lake pumps and their parts are custom fabricated which creates long lead times for repairs and/or replacement. VSS installed pump 2 in January 2025.
On April 15, 2025, Council approved proceeding with the Civic Center Campus lake biofilter replacement and related work for a not to exceed amount of $170,000 in FY 2024/25, which will take approximately 4 weeks to complete and requires draining of the lake. Per Council’s direction, work will begin on or about May 19, 2025. Any remaining funds from the budget allocation for this work will be carried over into FY 2025/26.
In addition, it was recently noticed that pump 1 may require maintenance or replacement as well, however further testing of the equipment must be conducted on completion of the biofilter maintenance to determine the full scope of this project which is currently unknown.
Staff requests spending authority of up to $45,000 to utilize VSS for miscellaneous lake maintenance and repair work for equipment testing of pump 1 and should it be needed for unanticipated work related to the biofilter replacement, and if approved, to execute the proposed Agreement for Contract Services (Attachment 1).
Once the scope of work to repair or replace pump 1 is determined, staff will bring the item back at a future meeting for Council review and consideration.
Per the Purchasing Policy, combined amounts paid to vendors/contractors over $50,000 require Council approval. Due to pump 2 replacement agreement with VSS executed in FY 2024/25, Council’s authorization for this spending authority is required.
ALTERNATIVES
Council may elect not to approve this request, however, as Council approved proceeding with the Civic Center Campus lake biofilter replacement and pump 1 requires testing in order to determine if repair or replacement is required, staff does not recommend this alternative, as it may delay completing the work until a different vendor can be procured.
Prepared by: Monika Radeva, City Clerk
Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Jon McMillen, City Manager
Attachment: 1. Agreement for Contract Services with VSS 216 CLICK HERE to Return to Agenda
ATTACHMENT 1
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Variable Speed Solutions, Inc. located at 1920 E. Occidental St., Santa Ana, CA 92705 (“Contracting Party”). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide services related to general lake maintenance and repairs as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and 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 performed, (b) it has investigated the site where the Services are to be performed, if any, 217 CLICK HERE to Return to Agenda
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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 not to exceed Forty-Five Thousand Dollars ($45,000) for this agreement (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.
Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to 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 219 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.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer, or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on or around May 7, 2025, and terminate on June 30, 2026.
4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
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(a) Name: David Priego
Telephone No: 760-835-6102
Email: [email protected]
(b) Name: Blake Hull
Telephone No. 714-847-5957 x 112
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 & Operations Superintendent or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.
4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein. 221 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 223 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, 224 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, 225 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. 226 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.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial 227 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:
VSS Pump & Control
Attention: David Priego
General Manager
1920 E. Occidental St.
Santa Ana, CA 92705
10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is 228 CLICK HERE to Return to Agenda
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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:
VARIABLE SPEED SOLUTIONS, INC.
By: _____
Name: Brian Pavloff_______________
Title: _President__________________
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By: ________________
Name: ___________
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
230 CLICK HERE to Return to Agenda
Exhibit A
Exhibit A
Scope of Services
Miscellaneous on-call services for lake and water feature pumps, inspections, equipment testing, general maintenance, repair, and/or replacement services as specified by the Contract Officer.
231 CLICK HERE to Return to Agenda
Exhibit A
ADDENDUM TO AGREEMENT
Re: Scope of Services
If the Scope of Services include construction, alteration, demolition, installation, repair, or maintenance affecting real property or structures or improvements of any kind appurtenant to real property, the following apply:
1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, 232 CLICK HERE to Return to Agenda
Exhibit A
its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.
Contracting Party shall require the same of all subcontractors.
2. Retention. Payments shall be made in accordance with the provisions of Article 2.0 of the Agreement. In accordance with said Sections, City shall pay Contracting Party a sum based upon ninety-five percent (95%) of the Contract Sum apportionment of the labor and materials incorporated into the Services under this Agreement during the month covered by said invoice. The remaining five percent (5%) thereof shall be retained as performance security to be paid to Contracting Party within sixty (60) days after final acceptance of the Services by the City Council of City, after Contracting Party has furnished City with a full release of all undisputed payments under this Agreement, if required by City. In the event there are any claims specifically excluded by Contracting Party from the operation of the release, City may retain proceeds (per Public Contract Code § 7107) of up to one hundred fifty percent (150%) of the amount in dispute. City’s failure to deduct or withhold shall not affect Contracting Party’s obligations under the Agreement.
3. Utility Relocation. City is responsible for removal, relocation, or protection of existing main or trunk-line utilities to the extent such utilities were not identified in the invitation for bids or specifications. City shall reimburse Contracting Party for any costs incurred in locating, repairing damage not caused by Contracting Party, and removing or relocating such unidentified utility facilities. Contracting Party shall not be assessed liquidated damages for delay arising from the removal or relocation of such unidentified utility facilities.
4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 233 CLICK HERE to Return to Agenda
Exhibit A
(b) City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contracting Party’s cost of, or the time required for, performance of any part of the work shall issue a change order per Section 1.8 of the Agreement. (c) in the event that a dispute arises between City and Contracting Party whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in Contracting Party’s cost of, or time required for, performance of any part of the work, Contracting Party shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. Contracting Party shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting Parties.
5. Safety. Contracting Party shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out the Services, Contracting Party shall at all times be in compliance with all applicable local, state, and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to:
(A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 234 CLICK HERE to Return to Agenda
Exhibit B
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Forty-Five Thousand ($45,000) Dollars (“Contract Sum”).
235 CLICK HERE to Return to Agenda
Exhibit C
Exhibit C
Schedule of Performance
Completion schedule for miscellaneous on-call services will be provided when each service is requested.
236 CLICK HERE to Return to Agenda
Exhibit D
Exhibit D
Special Requirements
None
237 CLICK HERE to Return to Agenda
Exhibit E
Exhibit E
Insurance Requirements
E.1 Insurance. Prior to the beginning of and throughout the duration of this Agreement, the following policies shall be maintained and kept in full force and effect providing insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A-VI:
Commercial General Liability (at least as broad as ISO CG 0001) $1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Must include the following endorsements:
General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Auto Liability (at least as broad as ISO CA 0001) $1,000,000 (per accident)
Auto Liability Additional Insured
Personal Auto Declaration Page if applicable
Workers’ Compensation
(per statutory requirements)
Must include the following endorsements:
Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder.
Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such 238 CLICK HERE to Return to Agenda
Exhibit E
person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.
Contracting Party shall carry Workers’ Compensation Insurance in accordance with State Worker’s Compensation laws with employer’s liability limits no less than $1,000,000 per accident or disease.
Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.
In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.
E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement.
Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements.
Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.
E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:
1. Contracting Party agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds City, its officials, employees, and agents, using standard ISO endorsement No. CG 2010 with an edition 239 CLICK HERE to Return to Agenda
Exhibit E
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 Party, provide the same minimum insurance coverage required of Contracting Party.
Contracting Party agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the 240 CLICK HERE to Return to Agenda
Exhibit E
requirements of this section. Contracting Party agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to City for review.
10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement to self-insure its obligations to City. If Contracting Party’s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the Contracting Party, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
11. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contracting Party ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contracting Party, the City will negotiate additional compensation proportional to the increased benefit to City.
12. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
13. Contracting Party acknowledges and agrees that any actual or alleged failure on the part of City to inform Contracting Party of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
14. Contracting Party will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this agreement. This obligation applies whether the agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect.
15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.
16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly 241 CLICK HERE to Return to Agenda
Exhibit E
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. 242 CLICK HERE to Return to Agenda
Exhibit F
Exhibit F
Indemnification
F.1 Indemnity for the Benefit of City.
a. Indemnification for Professional Liability. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party. b. Indemnification for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Contracting Party shall indemnify, defend (with counsel selected by City), and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses) incurred in connection therewith and costs of investigation, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Contracting Party or by any individual or entity for which Contracting Party is legally liable, including but not limited to officers, agents, employees, or subcontractors of Contracting Party.
c. Indemnity Provisions for Contracts Related to Construction (Limitation on Indemnity). Without affecting the rights of City under any provision of this agreement, Contracting Party shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City’s active negligence accounts for only a percentage of the liability involved, the obligation of Contracting Party will be for that entire portion or percentage of liability not attributable to the active negligence of City.
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Exhibit F
d. Indemnification Provision for Design Professionals.
1. Applicability of this Section F.1(d). Notwithstanding Section F.1(a) hereinabove, the following indemnification provision shall apply to a Contracting Party who constitutes a “design professional” as the term is defined in paragraph 3 below.
2. Scope of Indemnification. When the law establishes a professional standard of care for Contracting Party’s Services, to the fullest extent permitted by law, Contracting Party shall indemnify and hold harmless City and any and all of its officials, employees, and agents (“Indemnified Parties”) from and against any and all losses, liabilities of every kind, nature, and description, damages, injury (including, without limitation, injury to or death of an employee of Contracting Party or of any subcontractor), costs and expenses, including, without limitation, incidental and consequential damages, court costs, reimbursement of attorneys’ fees, litigation expenses, and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation, to the extent same are caused by any negligent or wrongful act, error or omission of Contracting Party, its officers, agents, employees or subcontractors (or any entity or individual that Contracting Party shall bear the legal liability thereof) in the performance of professional services under this agreement. With respect to the design of public improvements, the Contracting Party shall not be liable for any injuries or property damage resulting from the reuse of the design at a location other than that specified in Exhibit A without the written consent of the Contracting Party.
3. Design Professional Defined. As used in this Section F.1(d), the term “design professional” shall be limited to licensed architects, registered professional engineers, licensed professional land surveyors and landscape architects, all as defined under current law, and as may be amended from time to time by Civil Code § 2782.8.
F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 244 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH
HORIZON LIGHTING, INC FOR CITYWIDE LIGHTING MAINTENANCE SERVICES PROJECT NO. 2023-29 AND ON-CALL SERVICES WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO
UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL ELECTRICAL
SERVICES
RECOMMENDATION
Receive and file Change Order No. 1 to contract with Horizon Lighting, Inc. for Citywide Lighting Maintenance Services Project No. 2023-29 within the Landscape and Lighting Assessment District 89-1 and on-call electrical services for fiscal year 2025/26 and related compensation; and authorize the Public Works Department to utilize Horizon Lighting, Inc. as a select source for on-call electrical services.
EXECUTIVE SUMMARY
The City contracts citywide landscape lighting maintenance services (lighting maintenance) within the Landscape and Lighting Assessment District 89-1 (L&L), Fire Stations, and parking lots. Section 1245 of the contract also allows for extra work for lighting maintenance and improvements on an on-call, as needed basis. On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Horizon Lighting, Inc. (Horizon) was awarded a contract for citywide lighting maintenance services based on their qualifications and experience; and approved for additional spending authority of up to $200,000 in fiscal year (FY) 2024/25. On April 15, 2025, Council approved additional spending authority for Horizon of up to $150,000 in FY 2025/26 for on-call landscape maintenance services, on an as needed basis.
FISCAL IMPACT
On June 18, 2024, Council approved a 3-year contract with Horizon, to be executed as 1- year terms based on satisfactory performance by the contractor, a 5% contingency, and additional spending authority for on-call services for FY 2024/25 as detailed in the table below. To date, $5,920 has been expended for on-call electrical services in city parks.
On April 15, 2025, Council approved additional spending authority for Horizon up to $150,000 in FY 2025/26 for on-call electrical services, on an as needed basis. Funds will be CONSENT CALENDAR ITEM NO. 14
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budgeted in FY 2025/26 and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691; Parks 101-3005-60691; Buildings 101-3008- 60691; and Capital Improvement Projects 4041-0000-60188 for lighting maintenance and/or electrical repairs on City property).
On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of services. Work may generally include electrical repairs, LED conversions, new lighting installation, meter pedestal/panel replacements, electrical panel upgrades, etc. * Actuals to date as of April 30, 2025
Annual lighting services cost are allocated in L&L account no. 215-7004-60104, and will be included in FY 2025/26 budget.
BACKGROUND/ANALYSIS
The City contracts citywide lighting maintenance within the L&L for monthly maintenance of landscaped areas within the City’s right-of-way, Fire Stations, and parking lots. 246 CLICK HERE to Return to Agenda
On April 2, 2024, an RFQ was posted for lighting services; 2 proposals were received; and the selection committee recommended contracting with Horizon based on their qualifications and experience. Section 1245 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as-needed basis.
On June 18, 2024, Council awarded a contract for lighting maintenance services for citywide parks to Horizon and approved the above listed budget which included a 5% contingency and additional spending authority for on-call services for FY 2024/25 of up to $200,000.
Additional spending authority for potential on-call services must be approved by Council each FY and staff provides an update on extra work completed for the prior FY.
On April 15, 2025, staff provided an update of the on-call services completed in FY 2024/25 for L&L lighting maintenance.
On April 15, 2025, Council approved additional spending authority for Horizon of up to $150,000 in FY 2025/26 for on-call electrical services, on an as needed basis, for unanticipated electrical repairs due to car accidents in the medians, building maintenance, electrical repairs or installation of lights or power outlets at city parks; etc.
On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of services. Work may generally include electrical repairs, LED conversions, new lighting installation, meter pedestal/panel replacements, electrical panel upgrades, etc. Further, staff will continue to seek quotes from other vendors, when applicable per the Purchasing Policy, to ensure quality of services and competitive pricing.
In accordance with the contract terms, per Section 1245, subsection (C), the City may authorize a maximum increase per FY based on the local Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario, which for 2024/25 (April to April) was
2.53%.
Change Order No. 1 with Horizon, included as Attachment 1, extends the term of the contract for FY 2025/26, increases compensation by 2.5% for the term duration in accordance with the contract terms, and reflects the additional spending authority of $150,000 for FY 2025/26.
ALTERNATIVES
As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative.
Prepared by: Monika Radeva, City Clerk
Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 1 with Horizon
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Sheet 1 of 1
AGREEMENT: CITYWIDE LIGHTING MAINTENANCE SERVICES, LANDSCAPE AND LIGHTING DISTRICT 89-1
PROJECT NO. 2023-29
CONTRACTOR: HORIZON LIGHTING, INC.
CHANGE ORDER NO. 1
******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. *******************************************************************************************************************
DESCRIPTION OF CHANGE
1. As provided in Section 1245, C, – Contract sum is amended as follows: the total contract amount of $79,927 is increased to $81,925 which includes a 2.5% contract increase of $1,998.
2. As provided in Section 2000, 2.0, contract terms; the City and Contractor agree to extend the term of the contract for the first (1) one-year extension, commencing on July 1, 2025, through June 30, 2026.
******************************************************************************************************************* ******************************************************************************************************************************
ON-CALL SERVICES SPENDING AUTHORITY
On-call services is not guaranteed work, and must be
requested and approved by the Contract Officer in advance.
Work may include, but are not limited to electrical repairs, LED conversions, new lighting installation, meter pedestal / panel replacements, electrical panel upgrades, etc. for services outside the scope of the contract. ****************************************************************************************************************************** By reason of this change order the time of completion is adjusted as follows: 365-days added/deleted to contract time. The start date for these services shall be: July 1, 2025 ****************************************************************************************************************************** Contract for FY 2024/25 $ 79,927
Change Order No. 1 for FY 2025/26
(includes 2.5% CPI annual increase) $ 81,925
Revised Agreement Total $161,852
Valid for FY 2024/25
(approved 6/18/24) $ 200,000
Valid for FY 2025/26
(approved 4/15/25) $ 150,000
ATTACHMENT 1
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Submitted By: Date:
Approved By: Date:
******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted By: Title: _President/CEO
Print Name:__Joel Hunter_______Print Company: Horizon Lighting, Inc.____________ 249 CLICK HERE to Return to Agenda
250 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH
VINTAGE ASSOCIATES, INC FOR SILVERROCK LANDSCAPE MAINTENANCE PROJECT NO. 2023-31 AND ON-CALL MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC
WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR
ON-CALL MAINTENANCE SERVICES
RECOMMENDATION
Receive and file Change Order No. 1 to contract with Vintage Associates, Inc. for SilverRock Landscape Maintenance Services Project No. 2023-31 and on-call maintenance services for fiscal year 2025/26 and related compensation; and authorize the Public Works Department to utilize Vintage Associates, Inc. as a select source for on-call maintenance seivices.
EXECUTIVE SUMMARY
The City contracts landscape maintenance services (LMS) for public parks, medians, parkways, and retention basins throughout the City. Section 1240 of the contract also allows for extra work for landscape renovation and improvements on an on-call, as needed basis.
On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Vintage Associates, Inc. (Vintage) was awarded a contract for SilverRock (SRR) landscape maintenance services based on their qualifications and experience; and approved for additional spending authority of up to $200,000 in fiscal year (FY) 2024/25.
On April 15, 2025, Council approved additional spending authority for Vintage of up to $150,000 in FY 2025/26 for on-call landscape maintenance services, on an as needed basis.
FISCAL IMPACT
On June 18, 2024, Council approved a 3-year contract with Vintage, to be executed as 1- year terms based on satisfactory performance by the contractor, a 5% contingency, and additional spending authority for on-call services for FY 2024/25 as detailed in the table below. To date, $106,048 has been expended for on-call LMS services at city-owned properties for removal of dead trees, plant replacement, and weed abatement at city-owned properties.
CONSENT CALENDAR ITEM NO. 15
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On April 15, 2025, Council approved additional spending authority for Vintage of up to $200,000 in FY 2025/26 for on-call LMS at city-owned properties, on an as needed basis.
Funds will be budgeted in FY 2025/26 and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691 and 215-7004-60673; and Parks 101-3005-60691 for landscape maintenance, renovation, weed abatement, tree removal, and storm damage cleanup of city-owned property).
On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of of landscape maintenance and improvements in areas with aged and deferred landscape maintenance. Work may generally include modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc. *Actuals to date as of April 30, 2025
Annual LMS cost are allocated between 3 fund accounts and will be included in FY 2025/26 budget as follows:
Fund Account FY 2025/26
Park Fund (101-3005-60112) $174,430
L&L Fund (215-7004-60112) $ 63,087
SilverRock Perimeter (215-7004-60143) $ 69,753
Change Order No. 1 Total: $307,270
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BACKGROUND/ANALYSIS
The City contracts landscape maintenance for daily, weekly, and monthly maintenance of landscaped areas located within City parks, retention basins, and parkways. The purpose of the SRR LMS is to increase service levels at the SRR Park and landscape improvements at the parkways located on Avenue 52 and Jefferson Street.
On April 2, 2024, an RFQ was posted for SRR LMS and on-call maintenance services; 5 proposals were received; and the selection committee recommended contracting with Vintage based on their qualifications and experience. Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as needed basis.
On June 18, 2024, Council awarded a contract for SRR LMS to Vintage and approved the above listed budget which included a 5% contingency and additional spending authority for on-call services for FY 2024/25 of up to $300,000.
Additional spending authority for potential on-call services must be approved by Council each FY and staff provides an update on extra work completed for the prior FY.
On April 15, 2025, staff provided an update of the on-call services completed in FY 2024/25 for SRR LMS.
On April 15, 2025, Council approved additional spending authority for Vintage of up to $200,000 in FY 2025/26 for on-call landscape maintenance services, on an as needed basis, for replacement of dead plant materials; weed abatement at City properties such as vacant lots on Main St., wall off Adams St. at the CVWD and IID sites; Avenue 50, east of Jefferson St. non-landscaped median; sidewalk areas citywide; etc.
On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of landscape maintenance and improvements in areas with aged and deferred landscape maintenance. Work may include modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc. Further, staff will continue to seek quotes from other vendors, when applicable per the Purchasing Policy, to ensure quality of services and competitive pricing.
In accordance with the contract terms, per Section 1240, subsection (C, the City may authorize a maximum increase per FY based on the local Consumer Price Index (CPI for Riverside, San Bernardino, and Ontario, which for 2024/25 (April to April was 2.53% Change Order No. 1 with Vintage, included as Attachment 1, extends the term of the contract for FY 2025/26, increases compensation by 2.5% for the term duration in accordance with the contract terms, and reflects the additional spending authority of $200,000 for FY 2025/26.
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ALTERNATIVES
As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative.
Prepared by: Monika Radeva, City Clerk
Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 1 with Vintage
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Sheet 1 of 1
AGREEMENT: SILVERROCK LANDSCAPE MAINTENANCE SERVICE
PROJECT NO. 2023-31
CONTRACTOR: VINTAGE ASSOCIATES, INC.
CHANGE ORDER NO. 1
******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement.
DESCRIPTION OF CHANGE
1. As provided in Section 1240 - the Contract sum is amended as follows: the total agreement amount of $299,776 is increased to $307,270 which includes a 2.5% increase of $7,494 based on the Riverside County 2025 Consumer Price Index.
2. As provided in Section 2000, 2.0, Contract Terms; the City and Contractor agree to extend the term of the contract for a one-year extension, commencing on July 1, 2025 thru June 30, 2026. ******************************************************************************************************************* ******************************************************************************************************************************
ON-CALL SERVICES SPENDING AUTHORITY
On-call services is not guaranteed, and must be requested and approved by the Contract Officer in advance. Work may include, but is not limited to modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc. for services outside the scope of the contract.
******************************************************************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: July 1, 2025 ******************************************************************************************************************* Contract for FY 2024/25 $ 299,776
Change Order No. 1 for FY 2025/26
(includes 2.5% CPI annual increase) $ 307,270
Revised Agreement Total $ 607,046
Valid for FY 2024/25
(approved 6/18/24) $ 300,000
Valid for FY 2025/26
(approved 4/15/25) $ 200,000
ATTACHMENT 1
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Submitted By: Date:
Approved By: Date:
******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted By: Title: CEO
Print Name: Kyle Gritters Print Company: VINTAGE ASSOCIATES, INC 256 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH
DESERT CONCEPTS CONSTRUCTION, INC FOR PARK LANDSCAPE
MAINTENANCE SERVICES PROJECT NO. 2023-30 AND ON-CALL LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO
UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE
SERVICES
RECOMMENDATION
Receive and file Change Order No. 1 to contract with Desert Concepts Construction, Inc. for Park Landscape Maintenance Services Project No. 2023-30 and on-call landscape maintenance services for fiscal year 2025/26 and related compensation; and authorize the Public Works Department to utilize Desert Concepts Construction, Inc. as a select source for on-call landscape maintenance services.
EXECUTIVE SUMMARY
The City contracts landscape maintenance services (LMS) for its parks, civic facilities, and retention areas. Section 1240 of the contract also allows for extra work for landscape renovation and improvements on an on-call, as needed basis. On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Desert Concepts Construction, Inc. (Desert Concepts) was awarded a contract for citywide parks LMS based on their qualifications and experience; and approved for additional spending authority of up to $300,000 in fiscal year (FY) 2024/25.
On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 in FY 2025/26 for on-call landscape maintenance services, on an as needed basis.
FISCAL IMPACT
On June 18, 2024, Council approved a 3-year contract with Desert Concepts, to be executed as 1-year terms based on satisfactory performance by the contractor, a 5% contingency, and additional spending authority for on-call services for FY 2024/25 as detailed in the table below. To date, $151,995 has been expended for leveling sports CONSENT CALENDAR ITEM NO. 16
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fields, plant and tree replacement in City parks, memorial tree installations, landscape improvements at Civic Center Campus, the Bear Creek Trail, and turf improvements at Seasons and Pioneer dog parks.
On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 in FY 2025/26 for on-call services, on an as needed basis, for extra landscape maintenance and renovation work for citywide parks. Funds will be budgeted in FY 2025/26 and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691; Fire Stations 101-2002-60112; Museum 202- 3006-60112; Library 202-3004-60112; Parks 101-3005-60691 for weed abatement, and landscape renovation on City property).
On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of maintenance and improvements in areas with aged and deferred landscape maintenance. Work may generally include modifications to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc.
* Actuals to date as of April 30, 2025
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Annual LMS costs are allocated between 4 fund accounts and will be included in FY 2025/26 budget as follows:
Fund Account FY 2025/26
Park Fund (101-3005-60112) $ 975,397
L&L Fund (215-7004-60112) $ 178,781
Museum Fund (202-3006-60112) $ 21,279
Library Fund (202-3004-60112) $ 34,043
Change Order No. 1 Total: $ 1,209,500
BACKGROUND/ANALYSIS
Parks LMS provides daily cleaning and weekly maintenance of all landscaped areas located around civic facilities and within City parks, trails, natural areas, and retention basins.
On April 2, 2024, an RFQ was posted for LMS and on-call landscape maintenance services; 3 proposals were received; and the selection committee recommended contracting with Desert Concepts based on their qualifications and experience. Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as needed basis.
On June 18, 2024, Council awarded a contract for LMS for citywide parks to Desert Concepts and approved the above listed budget which included a 5% contingency and additional spending authority for on-call services for FY 2024/25 of up to $300,000.
Additional spending authority for potential on-call services must be approved by Council each FY and staff provides an update on extra work completed for the prior FY.
On April 15, 2025, staff provided an update for FY 2024/25 on-call services for LMS included leveling sports fields, plant and tree replacement in City parks, memorial tree installations, landscape improvements at Civic Center Campus, the Bear Creek Trail, and turf improvements at Seasons and Pioneer dog parks.
On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 in FY 2025/26 for on-call services, on an as needed basis, for landscape improvements at various locations citywide, including but not limited to Washington Street. parkway at Point Happy residential development to St. Francis of Assisi; center medians improvements along Washington Street, Avenues 48 and 50, and Adams Street; unanticipated services due to car accidents in the medians, replacement of dead plant materials; etc.
On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of maintenance and improvements in areas with aged and deferred landscape maintenance. Work may 259 CLICK HERE to Return to Agenda
generally include landscape restoration with modifications to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. Further, staff will continue to seek quotes from other vendors, when applicable per the Purchasing Policy, to ensure quality of services and competitive pricing.
In accordance with the contract terms, per Section 1240, subsection (C), the City may authorize a maximum increase per FY based on the local Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario, which for 2024/25 (April to April) was
2.53%.
Change Order No. 1 with Desert Concepts, included as Attachment 1, extends the term of the contract for FY 2025/26, increases compensation by 2.5% for the term duration in accordance with the contract terms, and reflects the additional spending authority of $300,000 for FY 2025/26.
ALTERNATIVES
As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative.
Prepared by: Monika Radeva, City Clerk
Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 1 with Desert Concepts
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Sheet 1 of 1
AGREEMENT: CITYWIDE PARK LANDSCAPE MAINTENTANCE SERVICE PROJECT NO. 2023-30
CONTRACTOR: DESERT CONCEPTS CONSTRUCTION, INC.
CHANGE ORDER NO. 1
******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement.
DESCRIPTION OF CHANGE
1. As provided in Section 1240 - the Contract sum is amended as follows: the total agreement amount of $1,180,000 is increased to $1,209,500 which includes a 2.5% increase of $29,500.
2. As provided in Section 2000, 2.0, Contract Terms; the City and Contractor agree to extend the term of the contract for the first one-year extension, commencing on July 1, 2025, through June 30, 2026.
******************************************************************************************************************* ******************************************************************************************************************************
ON-CALL SERVICES SPENDING AUTHORITY
On-call services is not guaranteed, and must be requested and approved by the Contract Officer in advance. Work may include, but is not limited to landscape restoration with modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. for services outside the scope of the contract. ******************************************************************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: July 1, 2025 ******************************************************************************************************************* Contract for FY 2024/25 $ 1,180,000
Change Order No. 1 for FY 2025/26
(includes 2.5% CPI annual increase) $ 1,209,500
Revised Agreement Total $ 2,389,500
Valid for FY 2024/25
(approved 6/18/24) $ 300,000
Valid for FY 2025/26
(approved 4/15/25) $ 300,000
ATTACHMENT 1
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Submitted By: Date:
Approved By: Date:
******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted By: Title: President
Print Name: Julio Castro Print Company: DESERT CONCEPTS CONSTRUCTION, INC_ 262 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 2 TO CONTRACT WITH
DESERT CONCEPTS CONSTRUCTION, INC FOR CITYWIDE LANDSCAPE
MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 PROJECT NO. 2023-28 AND ON-CALL LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE
PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR
ON-CALL MAINTENANCE SERVICES
RECOMMENDATION
Receive and file Change Order No. 2 to contract with Desert Concepts Construction, Inc. for Citywide Landscape Maintenance Services within the Landscape and Lighting Assessment District 89-1 Project No. 2023-28 and on-call landscape maintenance services for fiscal year 2025/26 and related compensation; and authorize the Public Works Department to utilize Desert Concepts Construction, Inc. as a select source for on-call landscape maintenance services.
EXECUTIVE SUMMARY
The City contracts landscape maintenance services (LMS) for public medians, parkways, retention basins, and fire stations throughout the City. Section 1240 of the contract also allows for extra work for landscape renovation and improvements on an on-call, as needed basis.
On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Desert Concepts Construction, Inc. (Desert Concepts) was awarded a contract for LMS for the Landscape and Lighting Assessment District 89-1 (L&L) based on their qualifications and experience; and approved for additional spending authority of up to $300,000 in fiscal year (FY) 2024/25.
On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 for FY 2025/26 for on-call LMS, on an as needed basis.
FISCAL IMPACT
On June 18, 2025, Council approved a 3-year contract with Desert Concepts, to be executed as 1-year terms based on satisfactory performance by the contractor, a 5% contingency, and additional spending authority for on-call services for FY 2024/25 as detailed in the table below.
To date, $222,543 has been expended for plant replacement on Miles Avenue, Adams Street, Calle Tampico, Eisenhower Drive, the Village Streets, and landscape restoration of median CONSENT CALENDAR ITEM NO. 17
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islands on Highway 111 from Washington Street to Jefferson Street, and is continuing on Avenue 52 from the entrance to SilverRock Park to Jefferson Street.
On April 15, 2025, Council approved additional spending authority for Desert Concepts of up to $300,000 in FY 2025/26 for on-call services, on an as needed basis, for extra landscape maintenance and renovation work outside of the L&L areas. Funds will be budgeted in FY 2025/26 and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691; Fire Stations 101-2002-60112; Museum 202-3006-60112; Library 202-3004-60112; Parks 101-3005-60691 for weed abatement, and landscape renovation on City property).
On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of maintenance and improvements in areas with aged and deferred landscape maintenance. Work may generally include landscape restoration with modifications to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc.
* Actuals to date as of April 30, 2025
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Annual L&L AD 89-1 LSM cost are allocated between 2 fund accounts and will be included in FY 2025/26 budget as follows:
Fund Account FY 2025/26
L&L (215-7004-60112) $ 1,355,131
Fire Stations (101-2002-60112) $ 61,500
Change Order No. 2 Total: $ 1,416,631
BACKGROUND/ANALYSIS
The City contracts citywide LMS within the L&L for daily, weekly and monthly maintenance of all landscaped areas located within the City’s rights-of-way and Fire Stations.
On April 2, 2024, an RFQ was posted for L&L LMS and on-call landscape maintenance services; 3 proposals were received; and the selection committee recommended contracting with Desert Concepts based on their qualifications and experience. Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an oncall, as-needed basis.
On June 18, 2024, Council awarded a contract for L&L LMS to Desert Concepts for the L&L and approved the above listed budget which included a 5% contingency and additional spending authority for on-call services for FY 2024/25 of up to $300,000.
Change Order No. 1 was executed effective November 1, 2024, to add maintenance of Vista Coralina Land retention basin and center median island for a total not to exceed amount of $5,533 in FY 2024/25, prorated for 10 months. This work will be permanently included in the annual scope of work for this contract going forward at a not to exceed annual amount of $8,299.
Additional spending authority for potential on-call services must be approved by Council each FY and staff provides an update on extra work completed for the prior FY.
On April 15, 2025, staff provided an update that FY 2024/2 on-call services for LMS included plant replacement on Miles Avenue, Adams Street, Calle Tampico, Eisenhower Drive, the Village Streets, and landscape restoration of median islands on Highway 111 from Washington Street to Jefferson Street and is continuing on Avenue 52 from the entrance to SilverRock to Jefferson Street.
On April 15, 2025, Council approved additional spending authority for Desert Concepts for up to $300,000 in FY 2025/26 for on-call services, on an as needed basis, which are anticipated to include field improvements at the Sprots Complex (infields and outfields); La Quinta Park landscape improvements at the parking lot, perimeter landscape, and leveling the infields at the baseball fields; assistance with installation of safety fill at various playgrounds; unanticipated services related to vandalism repair, replacement of dead plant materials; etc. 265 CLICK HERE to Return to Agenda
On-call services is not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of maintenance and improvements in areas with aged and deferred landscape maintenance. Work may generally include landscape restoration with modifications to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, and irrigation repair and assessments. Further, staff will continue to seek quotes from other vendors, when applicable per the Purchasing Policy, to ensure quality of services and competitive pricing.
In addition, due to removal of palm trees on Eisenhower Drive, Avenida Obregon and Montezuma in 2024, there will be an annual maintenance cost reduction of $6,375 effective FY 2025/26.
In accordance with the contract terms, per Section 1240, subsection (C), the City may negotiate, and authorize a maximum increase per FY based on the local Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario, which for 2024/25 (April to April) was
2.53%.
Change Order No. 2 with Desert Concepts, included as Attachment 1:
a) Extends the term of the contract for FY 2025/26,
b) Reduces compensation by $6,375 effective FY 2025/26 due to the removal of a number of palm trees,
c) Increases compensation by 2.5% for the term duration in accordance with the contract terms, and
d) Reflects the additional spending authority of $300,000 for FY 2025/26.
ALTERNATIVES
As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative.
Prepared by: Monika Radeva, City Clerk
Dianne Hansen, Maintenance & Operations Superintendent
Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 2 with Desert Concepts
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Sheet 1 of 1
AGREEMENT: CITYWIDE LANDSCAPE MAINTENANCE SERVICES, LANDSCAPE AND LIGHTING DISTRICT 89-1
PROJECT NO. 2023-28
CONTRACTOR: DESERT CONCEPTS CONSTRUCTION, INC.
CHANGE ORDER NO. 2
******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. *******************************************************************************************************************
DESCRIPTION OF CHANGE
1. Contract sum is amended as follows: the total contract amount is comprised of (1) FY 2024/25 total of $1,385,533 [(a) L&L AD 89-1 landscape maintenance (LMS) of $1,380,000, and (b) increase of $5,533, prorated for 10 months, via Change Order 1 to include maintenance of Vista Coraline retention basin and center median island]; and (2) FY 2025/26 total of $1,416,631 [(a) L&L AD 89-1 LMS of $1,380,000, (b) Vista Coralina Ln additional areas for $8,299, (c) reduction of ($6,375) due to a palm trees removal, and (d) CPI increase of 2.5% of $34,707 per Section 1240, subsection (C).
2. As provided in Section 2000, 2.0, contract terms; the City and Contractor agree to extend the term of the contract for the second one-year extension, commencing on July 1, 2025, through June 30, 2026.
******************************************************************************************************************* Contract for FY 2024/25 L&L AD 89-1 landscape maintenance $ 1,380,000 Change Order No. 1 for FY 2024/25 (effective 11/1/2024, prorated 10 months) To include Vista Coralina Ln. retention basin & center median island $ 5,533 Change Order No. 2 for FY 2025/26
L&L AD 89-1 landscape maintenance
Vista Coralina Ln retention basin & center median island Palm trees removal annual maintenance reduction
CPI 2.5%
$1,416,631
$1,380,000
$ 8,299
$ (6,375)
$ 34,707
Revised Agreement Total $ 2,802,164
ATTACHMENT 1
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******************************************************************************************************************************
ON-CALL SERVICES SPENDING AUTHORITY
On-call services is not guaranteed work, and must be requested and approved by the Contract Officer in advance. Work may include, but is not limited to landscape restoration with modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. for services outside the scope of the contract.
******************************************************************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: July 1, 2025 Submitted By: Date:
Approved By: Date:
******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.
Accepted By: Title: President
Print Name:__Julio Castro__Print Company:__DESERT CONCEPTS CONSTRUCTION, INC Valid for FY 2024/25
(approved 6/18/24)
$ 300,000
Valid for FY 2025/26
(approved 4/15/25) $ 300,000
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2025
RECOMMENDATION
Receive and file revenue and expenditure report dated January 31, 2025.
EXECUTIVE SUMMARY
• The report summarizes the City’s year-to-date (YTD) and month-to-date (MTD) revenues and expenditures for January 2025 (Attachment 1). • These reports are also reviewed by the Financial Advisory Commission.
FISCAL IMPACT – None
BACKGROUND/ANALYSIS
Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports:
Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2024 for fiscal year 2024/25.
Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year, including any carryovers from fiscal year 2023/24.
Period Activity – represents actual revenues received and expenditures outlaid in the reporting month.
Fiscal Activity – represents actual revenues received and expenditures outlaid YTD.
Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount.
Percent Used – represents the percentage activity as compared to budget YTD.
CONSENT CALENDAR ITEM NO. 18
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MTD YTD
Percent of
Budget YTD
Percent of
Budget
General Fund (GF) $9,080,873 $37,830,906 43.13% $27,038,689 34.45% All Funds $20,211,563 $63,176,275 29.05% $62,070,114 32.00%
MTD YTD
YTD
Percent of
Budget YTD
Percent of
Budget
General Fund $7,108,962 $31,591,251 29.77% $25,199,937 25.45% Payroll (GF) $1,210,232 $6,765,861 47.88% $6,758,820 50.48% All Funds $10,334,797 $75,195,725 31.24% $70,794,239 31.02% January 2025 Revenues Comparison to 2024
January 2025 Expenditures Comparison to 2024
General Fund Non-General Fund
Property Tax $ 4,086,534 County Government Revenue(1) $ 5,142,612 Transient Occupancy Tax (TOT) $ 1,291,831 Gas Tax $ 690,474 Measure G Sales Tax $ 1,227,920 SilverRock Green Fees $ 677,745 Sales Tax $ 972,725 Lighting and Landscape District Assessments $ 529,863 CSA-152 Assessments $ 567,236 Allocated Interest $ 480,127 General Fund Non-General Fund
Sheriff Contract (Oct/Nov) $ 1,155,382 Capital Improvement Program - Construction(2) $ 1,373,515 Contingency for Operations $ 252,592 Lighting & Landscape Maintenance Contract $ 240,586 Visit Greater Palm Springs $ 98,443 Affordable Housing Project Development $ 232,299 X-Park Programming $ 96,408 SilverRock Golf Course Maintenance $ 205,858 Parks Landscape Maintenance Contract $ 93,482 Machinery & Equipment $ 126,500 Top Five Revenue/Income Sources for January
Top Five Expenditures/Outlays for January
(1)Dedicated revenue from the Redevelopment Property Tax Trust Fund (RPTTF) for Successor Agency semiannual debt service obligations. (2)CIP Construction: pavement management program; Dune Palms bridge Revenues are not received uniformly throughout the year, resulting in peaks and valleys.
For example, large property tax payments are usually received in December and May.
Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings.
Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director
Attachment: 1. Revenue and Expenditure Report for January 31, 2025 270 CLICK HERE to Return to Agenda
For Fiscal: 2024/25 Period Ending: 01/31/2025
Revenue Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 82,714,300 87,707,804 9,080,873 37,830,906 -49,876,898 43.13% 105 - DISASTER RECOVERY FUND 30,000 30,000 0 -12,424 -42,424 41.41% 201 - GAS TAX FUND 2,589,000 2,589,000 690,474 1,533,269 -1,055,731 59.22% 202 - LIBRARY & MUSEUM FUND 3,143,000 3,143,000 571 656,537 -2,486,463 20.89% 203 - PUBLIC SAFETY FUND (MEASURE G) 5,000 5,000 0 -228 -5,228 4.55% 210 - FEDERAL ASSISTANCE FUND 190,000 190,000 0 -3 -190,003 0.00% 212 - SLESA (COPS) FUND 103,000 103,000 8,333 127,258 24,258 123.55% 215 - LIGHTING & LANDSCAPING FUND 4,000,500 4,000,500 3,049,394 3,073,361 -927,139 76.82% 221 - AB 939 - CALRECYCLE FUND 80,000 80,000 8,093 22,488 -57,512 28.11% 223 - MEASURE A FUND 2,025,000 2,025,000 141,038 736,424 -1,288,576 36.37% 225 - INFRASTRUCTURE FUND 1,000 1,000 0 -24 -1,024 2.41% 226 - EMER. MNGMNT PERFORMANCE GRANT 3,000 13,000 0 0 -13,000 0.00% 227 - STATE HOMELAND SECURITY PROGRAMS 5,500 5,500 0 0 -5,500 0.00% 230 - CASp FUND, AB 1379 21,000 21,000 1,796 9,895 -11,105 47.12% 231 - SUCCESSOR AGCY PA 1 RORF 20,260,000 20,260,000 5,142,686 5,170,103 -15,089,897 25.52% 235 - SO COAST AIR QUALITY FUND 54,500 54,500 0 12,885 -41,615 23.64% 237 - SUCCESSOR AGCY PA 1 ADMIN 13,820 13,820 0 -233 -14,053 1.69% 241 - HOUSING AUTHORITY 1,452,000 1,452,000 88,882 708,281 -743,719 48.78% 243 - RDA LOW-MOD HOUSING FUND 60,000 60,000 0 -5,289 -65,289 8.82% 244 - HOUSING GRANTS (Multiple) 0 0 0 67,475 67,475 0.00% 247 - ECONOMIC DEVELOPMENT FUND 40,000 40,000 0 1,998 -38,002 4.99% 249 - SA 2011 LOW/MOD BOND FUND 18,000 18,000 4,483 55,331 37,331 307.39% 250 - TRANSPORTATION DIF FUND 540,000 540,000 12,027 247,091 -292,909 45.76% 251 - PARKS & REC DIF FUND 253,000 253,000 6,318 67,508 -185,492 26.68% 252 - CIVIC CENTER DIF FUND 103,000 103,000 3,690 46,392 -56,608 45.04% 253 - LIBRARY DEVELOPMENT DIF 50,000 50,000 1,191 13,101 -36,899 26.20% 254 - COMMUNITY & CULTURAL CNTRS DIF 105,000 105,000 2,868 30,228 -74,772 28.79% 255 - STREET FACILITY DIF FUND 1,000 1,000 0 -100 -1,100 10.04% 256 - PARK FACILITY DIF FUND 100 100 0 -9 -109 9.45%
257 - FIRE PROTECTION DIF 53,000 53,000 1,107 13,737 -39,263 25.92% 259 - MAINTENANCE FACILITIES DIF FUND 47,000 47,000 939 16,899 -30,101 35.96% 270 - ART IN PUBLIC PLACES FUND 158,000 158,000 50,736 88,851 -69,149 56.23% 275 - LQ PUBLIC SAFETY OFFICER 3,000 3,000 2,000 1,931 -1,069 64.37% 299 - INTEREST ALLOCATION FUND 0 0 480,127 4,578,360 4,578,360 0.00% 1,500 0 -1 -1,501 0.07%
0 1,304,011
310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500
401 - CAPITAL IMPROVEMENT PROG. 27,218,109 82,703,042 -81,399,031 1.58% 405 - SA PA 1 CAPITAL IMPRV FUND 500 500 0 -8 -508 1.51% 501 - FACILITY & FLEET REPLACEMENT 1,705,000 1,705,000 0 741,118 -963,882 43.47% 502 - INFORMATION TECHNOLOGY 2,276,708 2,276,708 11,106 1,569,963 -706,745 68.96% 503 - PARK EQUIP & FACILITY FUND 500,000 500,000 0 495,414 -4,586 99.08% 504 - INSURANCE FUND 1,363,230 1,363,230 0 680,508 -682,722 49.92% 601 - SILVERROCK RESORT 5,484,500 5,484,500 1,253,168 2,823,283 -2,661,217 51.48% 602 - SILVERROCK GOLF RESERVE 98,000 98,000 88,000 87,118 -10,882 88.90% 760 - SUPPLEMENTAL PENSION PLAN 7,000 7,000 5,000 4,912 -2,088 70.17% 761 - CERBT OPEB TRUST 40,000 40,000 0 72,353 32,353 180.88% 762 - PARS PENSION TRUST 200,000 200,000 76,662 305,605 105,605 152.80% Report Total: 157,026,267 217,504,704 20,211,563 63,176,275 -154,328,429 29.05% ATTACHMENT 1
Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers.
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For Fiscal: 2024/25 Period Ending: 01/31/2025
Expenditure Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 83,331,665 106,123,185 7,108,962 31,591,251 74,531,933 29.77% 105 - DISASTER RECOVERY FUND 0 4,993,504 0 4,993,504 0 100.00% 201 - GAS TAX FUND 3,443,100 5,749,202 153,106 1,706,500 4,042,703 29.68% 202 - LIBRARY & MUSEUM FUND 2,555,615 5,010,360 29,345 1,054,990 3,955,370 21.06% 203 - PUBLIC SAFETY FUND (MEASURE G) 0 20,376 0 0 20,376 0.00% 210 - FEDERAL ASSISTANCE FUND 198,500 198,500 0 0 198,500 0.00% 212 - SLESA (COPS) FUND 100,000 100,000 9,017 75,014 24,986 75.01% 215 - LIGHTING & LANDSCAPING FUND 3,957,700 4,532,700 358,590 2,170,604 2,362,096 47.89% 220 - QUIMBY FUND 0 262,685 0 0 262,685 0.00%
221 - AB 939 - CALRECYCLE FUND 200,000 200,000 7,000 53,555 146,445 26.78% 223 - MEASURE A FUND 2,335,000 4,456,986 0 149,017 4,307,969 3.34% 226 - EMER.MNGMNT PERF. GRANT 12,000 12,000 0 11,373 627 94.78% 227 - STATE HOMELAND SECURITY PROG. 5,000 5,000 4,204 4,204 796 84.08% 230 - CASp FUND, AB 1379 5,500 5,500 0 0 5,500 0.00%
231 - SUCCESSOR AGCY PA 1 RORF 4,452,755 4,452,755 0 15,050,680 -10,597,925 338.01% 235 - SO COAST AIR QUALITY FUND 40,000 40,000 0 4,203 35,797 10.51% 237 - SUCCESSOR AGCY PA 1 ADMIN 10,000 10,000 0 1,600 8,400 16.00% 241 - HOUSING AUTHORITY 1,715,440 1,965,440 116,303 883,266 1,082,174 44.94% 243 - RDA LOW-MOD HOUSING FUND 250,000 350,000 0 300,800 49,200 85.94% 247 - ECONOMIC DEVELOPMENT FUND 31,500 31,500 0 4,494 27,006 14.27% 249 - SA 2011 LOW/MOD BOND FUND 250,000 657,003 232,299 539,404 117,599 82.10% 250 - TRANSPORTATION DIF FUND 1,579,109 2,837,567 0 400,454 2,437,114 14.11% 251 - PARKS & REC DIF FUND 0 843,615 0 62,573 781,042 7.42% 252 - CIVIC CENTER DIF FUND 0 249,925 0 0 249,925 0.00% 253 - LIBRARY DEVELOPMENT DIF 15,000 15,000 0 5,617 9,383 37.45% 625,000 0 0 625,000 0.00%
280,000 0 0 280,000 0.00%
741,799 13,568 73,571 668,228 9.92%
1,500 0 0 1,500 0.00%
1,497,404 8,583,405
254 -COMMUNITY & CULTURAL CNTRS 500,000
259 - MAINTENANCE FACILITIES DIF FUND 100,000
270 - ART IN PUBLIC PLACES FUND 233,000
310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500
401 - CAPITAL IMPROVEMENT PROG. 27,218,109 80,726,566 72,143,161 10.63% 501 - FACILITY & FLEET REPLACEMENT 1,628,750 2,665,364 163,560 1,249,024 1,416,340 46.86% 502 - INFORMATION TECHNOLOGY 3,217,945 3,367,945 116,686 1,510,713 1,857,232 44.86% 503 - PARK EQUIP & FACILITY FUND 2,000,000 2,700,000 13,000 625,615 2,074,385 23.17% 504 - INSURANCE FUND 1,058,000 1,058,000 669 1,045,751 12,249 98.84% 601 - SILVERROCK RESORT 5,365,000 5,365,000 508,268 3,011,148 2,353,852 56.13% 760 - SUPPLEMENTAL PENSION PLAN 12,850 12,850 0 12,833 17 99.87% 761 - CERBT OPEB TRUST 1,500 1,500 0 820 680 54.66%
762 - PARS PENSION TRUST 30,000 30,000 2,818 19,740 10,260 65.80% Report Total: 145,854,538 240,698,327 10,334,797 75,195,725 165,502,602 31.24% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers.
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Fund # Name Notes
101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund.
105 Disaster Recovery Fund
Accounts for use of one-time federal funding designed to deliver relief to American workers and aid in the economic recovery iin the wake of COVID-19. The American Rescue Plan Act (ARPA) was passed by Congress in 2021 to provide fiscal recovery funds to state and local governments. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street-related expenditures. 202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources.
212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities.
Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources.
220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements. 221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts. Assembly Bill (AB) 939.
223 Measure A Fund County sales tax allocations which are restricted to street-related expenditures. 224 TUMF Fund Developer-paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside County. 225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City’s infrastructure as defined by Resolution 226 Emergency Mgmt. Performance Grant (EMPG) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assembly Bill (AB) 1379 and Senate Bill (SB) 1186. 231 Successor Agency PA 1 RORF Fund
Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recognized obligations of the former Redevelopment Agency (RDA).
235 SO Coast Air Quality Fund (AB2766, PM10) Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill (AB) 2766.
237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule (ROPS) associated with the former Redevelopment Agency (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low-Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing. Accounts for RDA loan repayments (20% for Housing) and housing programs,.
244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development. 247 Economic Development Fund Proceeds from sale of City-owned land and transfers from General Fund for future economic development. 249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 259 Maintenance Facilities DIF Fund Developer impact fees collected for specific public improvements - maintenance facilities. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks.
275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty. 299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority’s outstanding debt and any related reporting requirements.
This bond was fully paid in October 2018.
401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants. Used for SilverRock infrastructure improvements.
501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city-owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan (PARS Account) Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB) For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account) For all pension-related benefits and unfunded liabilities.
Fund Descriptions
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2025
RECOMMENDATION
Receive and file revenue and expenditure report dated February 28, 2025.
EXECUTIVE SUMMARY
• The report summarizes the City’s year-to-date (YTD) and month-to-date (MTD) revenues and expenditures for February 2025 (Attachment 1). • These reports are also reviewed by the Financial Advisory Commission.
FISCAL IMPACT – None
BACKGROUND/ANALYSIS
Below is a summary of the column headers used on the Revenue and Expenditure Summary Reports:
Original Total Budget – represents revenue and expenditure budgets the Council adopted in June 2024 for fiscal year 2024/25.
Current Total Budget – represents original adopted budgets plus any Council approved budget amendments from throughout the year, including any carryovers from fiscal year 2023/24.
Period Activity – represents actual revenues received and expenditures outlaid in the reporting month.
Fiscal Activity – represents actual revenues received and expenditures outlaid YTD.
Variance Favorable/(Unfavorable) - represents the dollar difference between YTD collections/expenditures and the current budgeted amount.
Percent Used – represents the percentage activity as compared to budget YTD.
CONSENT CALENDAR ITEM NO. 19
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Revenues are not received uniformly throughout the year, resulting in peaks and valleys.
For example, large property tax payments are usually received in December and May.
Similarly, Redevelopment Property Tax Trust Fund payments are typically received in January and June. Any timing imbalance of revenue receipts versus expenditures is funded from the City’s cash flow reserve. Unlike revenues, expenditures are more likely to be consistent from month to month. However, large debt service payments or CIP expenditures can cause swings.
Prepared by: Rosemary Hallick, Principal Management Analyst Approved by: Claudia Martinez, Finance Director
Attachment: 1. Revenue and Expenditure Report for February 28, 2025
MTD YTD
YTD
Percent of
Budget YTD
Percent of
Budget
General Fund (GF) $8,254,853 $46,085,759 52.54% $37,678,968 48.01% All Funds $10,227,929 $73,404,204 33.75% $75,505,132 38.32%
MTD YTD
Percent of
Budget YTD
Percent of
Budget
General Fund $4,828,037 $36,419,289 34.32% $30,147,734 30.45% Payroll (GF) $892,221 $7,658,082 54.20% $7,945,338 59.34% All Funds $7,361,926 $82,557,651 34.30% $78,437,411 34.37% February 2025 Revenues Comparison to 2024
February 2025 Expenditures Comparison to 2024
General Fund Non-General Fund
Property Tax in lieu of Vehicle License Fees $ 2,992,984 SilverRock Green Fees $ 610,028 Measure G Sales Tax $ 1,673,290 Allocated Interest $ 553,295 Sales Tax $ 1,305,532 County Sales Tax (Measure A) $ 215,394 Transient Occupancy (Hotel) Tax $ 1,455,078 Gas Tax $ 178,154 Fire Service Credit $ 162,636 Housing Authority Rent Revenue $ 92,328 General Fund Non-General Fund
Sheriff Contract (Nov.-Dec.-Jan) $ 2,403,095 Capital Improvement Program - Construction(1) $ 916,031 Contingency for Operations $ 695,527 SilverRock Golf Course Maintenance $ 215,560 Contract Legal Services $ 167,158 Capital Improvement Program - Design(2) $ 208,422 Parks Landscape Maintenance $ 93,482 Lighting & Landscape Maintenance Contract $ 130,125 Marketing and Tourism Promotions $ 83,687 Capital Improvement Program - Professional Services(3) $ 103,647 Top Five Revenue/Income Sources for February
Top Five Expenditures/Outlays for February
(1)CIP Construction: Dune Palms bridge.
(2)CIP Design: Design services associated w ith multiple ongoing projects including Highw ay 111 corridor, Avenue 50 bridge, and the cultural campus. (3)CIP Professional Services: Consulting expenses associated w ith multiple ongoing capital improvement projects. 276 CLICK HERE to Return to Agenda
For Fiscal: 2024/25 Period Ending: 02/28/2025
Revenue Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 82,714,300 87,707,804 8,254,853 46,085,759 -41,622,045 52.54% 105 - DISASTER RECOVERY FUND 30,000 30,000 0 -12,424 -42,424 41.41% 201 - GAS TAX FUND 2,589,000 2,589,000 178,154 1,711,423 -877,577 66.10% 202 - LIBRARY & MUSEUM FUND 3,143,000 3,143,000 425 656,961 -2,486,039 20.90% 203 - PUBLIC SAFETY FUND (MEASURE G) 5,000 5,000 0 -228 -5,228 4.55% 210 - FEDERAL ASSISTANCE FUND 190,000 190,000 0 -3 -190,003 0.00% 212 - SLESA (COPS) FUND 103,000 103,000 8,333 135,591 32,591 131.64% 215 - LIGHTING & LANDSCAPING FUND 4,000,500 4,000,500 0 3,073,361 -927,139 76.82% 221 - AB 939 - CALRECYCLE FUND 80,000 80,000 0 22,488 -57,512 28.11% 223 - MEASURE A FUND 2,025,000 2,025,000 215,394 951,817 -1,073,183 47.00% 225 - INFRASTRUCTURE FUND 1,000 1,000 0 -24 -1,024 2.41% 13,000 0 0 -13,000 0.00%
0 0
226 - EMERGENCY MGMT PERFORMANCE 13,000
227-STATE HOMELAND SECURITY PROGRAMS 5,500 5,500 -5,500 0.00% 230 - CASp FUND, AB 1379 21,000 21,000 1,684 11,579 -9,421 55.14% 231 - SUCCESSOR AGCY PA 1 RORF 20,260,000 20,260,000 72 5,170,175 -15,089,825 25.52% 235 - SO COAST AIR QUALITY FUND 54,500 54,500 0 12,885 -41,615 23.64% 237 - SUCCESSOR AGCY PA 1 ADMIN 13,820 13,820 0 -233 -14,053 1.69% 241 - HOUSING AUTHORITY 1,452,000 1,452,000 103,627 811,908 -640,092 55.92% 243 - RDA LOW-MOD HOUSING FUND 60,000 60,000 0 -5,289 -65,289 8.82% 244 - HOUSING GRANTS (Multiple) 0 0 0 67,475 67,475 0.00% 247 - ECONOMIC DEVELOPMENT FUND 40,000 40,000 0 1,998 -38,002 4.99% 249 - SA 2011 LOW/MOD BOND FUND 18,000 18,000 0 55,331 37,331 307.39% 250 - TRANSPORTATION DIF FUND 540,000 540,000 90,882 337,973 -202,027 62.59% 251 - PARKS & REC DIF FUND 253,000 253,000 10,530 78,038 -174,962 30.84% 252 - CIVIC CENTER DIF FUND 103,000 103,000 10,739 57,131 -45,869 55.47% 253 - LIBRARY DEVELOPMENT DIF 50,000 50,000 1,985 15,086 -34,914 30.17% 254 - COMMUNITY & CULTURAL CENTERS 105,000 105,000 4,780 35,008 -69,992 33.34% 255 - STREET FACILITY DIF FUND 1,000 1,000 0 -100 -1,100 10.04% 256 - PARK FACILITY DIF FUND 100 100 0 -9 -109 9.45%
257 - FIRE PROTECTION DIF 53,000 53,000 3,173 16,909 -36,091 31.90% 259 - MAINTENANCE FACILITIES DIF FUND 47,000 47,000 5,618 22,517 -24,483 47.91% 270 - ART IN PUBLIC PLACES FUND 158,000 158,000 24,758 113,609 -44,391 71.90% 275 - LQ PUBLIC SAFETY OFFICER 3,000 3,000 0 1,931 -1,069 64.37% 299 - INTEREST ALLOCATION FUND 0 0 553,295 5,131,656 5,131,656 0.00% 1,500 0 -1 -1,501 0.07%
0 1,304,011
310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500
401 - CAPITAL IMPROVEMENT PROGRAM 27,218,109 82,703,042 -81,399,031 1.58% 405 - SA PA 1 CAPITAL IMPRV FUND 500 500 0 -8 -508 1.51% 501 - FACILITY & FLEET REPLACEMENT 1,705,000 1,705,000 0 741,118 -963,882 43.47% 502 - INFORMATION TECHNOLOGY 2,276,708 2,276,708 9,739 1,579,702 -697,006 69.39% 503 - PARK EQUIP & FACILITY FUND 500,000 500,000 0 495,414 -4,586 99.08% 504 - INSURANCE FUND 1,363,230 1,363,230 0 680,508 -682,722 49.92% 601 - SILVERROCK RESORT 5,484,500 5,484,500 681,935 3,505,218 -1,979,282 63.91% 602 - SILVERROCK GOLF RESERVE 98,000 98,000 0 87,118 -10,882 88.90% 760 - SUPPLEMENTAL PENSION PLAN 7,000 7,000 0 4,912 -2,088 70.17% 761 - CERBT OPEB TRUST 40,000 40,000 0 72,353 32,353 180.88% 762 - PARS PENSION TRUST 200,000 200,000 67,953 373,558 173,558 186.78% Report Total: 157,026,267 217,504,704 10,227,929 73,404,204 -144,100,500 33.75% ATTACHMENT 1
Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers.
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For Fiscal: 2024/25 Period Ending: 02/28/2025
Expenditure Summary
Fiscal
Activity
Variance
Favorable
Fund (Unfavorable)
Period
Activity
Current
Total Budget
Original
Total Budget
Percent
Used
101 - GENERAL FUND 83,331,665 106,123,185 4,828,037 36,419,289 69,703,896 34.32% 105 - DISASTER RECOVERY FUND 0 4,993,504 0 4,993,504 0 100.00% 201 - GAS TAX FUND 3,443,100 5,749,202 61,922 1,768,421 3,980,781 30.76% 202 - LIBRARY & MUSEUM FUND 2,555,615 5,010,360 35,226 1,090,216 3,920,144 21.76% 203 - PUBLIC SAFETY FUND (MEASURE G) 0 20,376 0 0 20,376 0.00% 210 - FEDERAL ASSISTANCE FUND 198,500 198,500 0 0 198,500 0.00% 212 - SLESA (COPS) FUND 100,000 100,000 16,846 91,860 8,140 91.86% 215 - LIGHTING & LANDSCAPING FUND 3,957,700 4,532,700 258,324 2,428,929 2,103,771 53.59% 220 - QUIMBY FUND 0 262,685 0 0 262,685 0.00%
221 - AB 939 - CALRECYCLE FUND 200,000 200,000 5,016 58,571 141,429 29.29% 223 - MEASURE A FUND 2,335,000 4,456,986 0 149,017 4,307,969 3.34% 12,000 0 11,373 627 94.78%
0 4,204
226 - EMERGENCY MGMT GRANT 12,000
227 - STATE HOMELAND SECURITY PROGRAMS 5,000 5,000 796 84.08% 230 - CASp FUND, AB 1379 5,500 5,500 822 822 4,678 14.95% 231 - SUCCESSOR AGCY PA 1 RORF 4,452,755 4,452,755 0 15,050,680 -10,597,925 338.01% 235 - SO COAST AIR QUALITY FUND 40,000 40,000 0 4,203 35,797 10.51% 237 - SUCCESSOR AGCY PA 1 ADMIN 10,000 10,000 0 1,600 8,400 16.00% 241 - HOUSING AUTHORITY 1,715,440 1,965,440 128,072 1,011,338 954,102 51.46% 243 - RDA LOW-MOD HOUSING FUND 250,000 350,000 0 300,800 49,200 85.94% 247 - ECONOMIC DEVELOPMENT FUND 31,500 31,500 167 4,661 26,839 14.80% 249 - SA 2011 LOW/MOD BOND FUND 250,000 657,003 0 539,404 117,599 82.10% 250 - TRANSPORTATION DIF FUND 1,579,109 2,837,567 0 400,454 2,437,114 14.11% 251 - PARKS & REC DIF FUND 0 843,615 0 62,573 781,042 7.42% 252 - CIVIC CENTER DIF FUND 0 249,925 0 0 249,925 0.00% 253 - LIBRARY DEVELOPMENT DIF 15,000 15,000 0 5,617 9,383 37.45% 625,000 0 0 625,000 0.00%
280,000 0 0 280,000 0.00%
741,799 6,231 79,802 661,997 10.76%
1,500 0 0 1,500 0.00%
1,241,177 9,824,582
254 - COMMUNITY & CULTURAL CENTERS 500,000
259 - MAINTENANCE FACILITIES DIF FUND 100,000
270 - ART IN PUBLIC PLACES FUND 233,000
310 - LQ FINANCE AUTHORITY DEBT SERVICE 1,500
401 - CAPITAL IMPROVEMENT PROGRAM 27,218,109 80,726,566 70,901,984 12.17% 501 - FACILITY & FLEET REPLACEMENT 1,628,750 2,665,364 116,309 1,365,333 1,300,030 51.23% 502 - INFORMATION TECHNOLOGY 3,217,945 3,367,945 96,209 1,606,922 1,761,023 47.71% 503 - PARK EQUIP & FACILITY FUND 2,000,000 2,700,000 24,326 649,941 2,050,059 24.07% 504 - INSURANCE FUND 1,058,000 1,058,000 -593 1,045,158 12,842 98.79% 601 - SILVERROCK RESORT 5,365,000 5,365,000 540,986 3,552,134 1,812,866 66.21% 760 - SUPPLEMENTAL PENSION PLAN 12,850 12,850 0 12,833 17 99.87% 761 - CERBT OPEB TRUST 1,500 1,500 0 820 680 54.66%
762 - PARS PENSION TRUST 30,000 30,000 2,849 22,589 7,411 75.30% Report Total: 145,854,538 240,698,327 7,361,926 82,557,651 158,140,675 34.30% Accounts are subject to adjusting entries and audit. The City's Annual Comprehensive Financial Report, published annually, is the best resource for all final audited numbers.
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Fund # Name Notes
101 General Fund The primary fund of the City used to account for all revenue and expenditures of the City; a broad range of municipal activities are provided through this fund.
105 Disaster Recovery Fund
Accounts for use of one-time federal funding designed to deliver relief to American workers and aid in the economic recovery iin the wake of COVID-19. The American Rescue Plan Act (ARPA) was passed by Congress in 2021 to provide fiscal recovery funds to state and local governments. 201 Gas Tax Fund Gasoline sales tax allocations received from the State which are restricted to street-related expenditures. 202 Library and Museum Fund Revenues from property taxes and related expenditures for library and museum services. 203 Public Safety Fund General Fund Measure G sales tax revenue set aside for public safety expenditures. 210 Federal Assistance Fund Community Development Block Grant (CDBG) received from the federal government and the expenditures of those resources.
212 SLESF (COPS) Fund Supplemental Law Enforcement Services Funds (SLESF) received from the State for law enforcement activities.
Also known as Citizen's Option for Public Safety (COPS). 215 Lighting & Landscaping Fund Special assessments levied on real property for city-wide lighting and landscape maintenance/improvements and the expenditures of those resources.
220 Quimby Fund Developer fees received under the provisions of the Quimby Act for park development and improvements. 221 AB939 Fund/Cal Recycle Franchise fees collected from the city waste hauler that are used to reduce waste sent to landfills through recycling efforts. Assembly Bill (AB) 939.
223 Measure A Fund County sales tax allocations which are restricted to street-related expenditures. 224 TUMF Fund Developer-paid Transportation Uniform Mitigation Fees (TUMF) utilized for traffic projects in Riverside County. 225 Infrastructure Fund Developer fees for the acquisition, construction or improvement of the City’s infrastructure as defined by Resolution 226 Emergency Mgmt. Performance Grant (EMPG) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 227 State Homeland Security Programs (SHSP) Federal Emergency Management Agency (FEMA) grant for emergency preparedness. 230 CASP Fund, AB1379 / SB1186 Certified Access Specialist (CASp) program fees for ADA Accessibility Improvements; derived from Business License renewals. Assembly Bill (AB) 1379 and Senate Bill (SB) 1186. 231 Successor Agency PA 1 RORF Fund
Successor Agency (SA) Project Area (PA) 1 Redevelopment Obligation Retirement Fund (RORF) for Redevelopment Property Tax Trust Fund (RPTTF) taxes received for debt service payments on recognized obligations of the former Redevelopment Agency (RDA).
235 SO Coast Air Quality Fund (AB2766, PM10) Contributions from the South Coast Air Quality Management District. Uses are limited to the reduction and control of airborne pollutants. Assembly Bill (AB) 2766.
237 Successor Agency PA 1 Admin Fund Successor Agency (SA) Project Area (PA) 1 for administration of the Recognized Obligation Payment Schedule (ROPS) associated with the former Redevelopment Agency (RDA). 241 Housing Authority Activities of the Housing Authority which is to promote and provide quality affordable housing. 243 RDA Low-Moderate Housing Fund Activities of the Housing Authority which is to promote and provide quality affordable housing. Accounts for RDA loan repayments (20% for Housing) and housing programs,.
244 Housing Grants Activites related Local Early Action Planning (LEAP) and SB2 grants for housing planning and development. 247 Economic Development Fund Proceeds from sale of City-owned land and transfers from General Fund for future economic development. 249 SA 2011 Low/Mod Bond Fund Successor Agency (SA) low/moderate housing fund; 2011 bonds refinanced in 2016. 250 Transportation DIF Fund Developer impact fees collected for specific public improvements - transportation related. 251 Parks & Rec. DIF Fund Developer impact fees collected for specific public improvements - parks and recreation. 252 Civic Center DIF Fund Developer impact fees collected for specific public improvements - Civic Center. 253 Library Development DIF Fund Developer impact fees collected for specific public improvements - library. 254 Community Center DIF Fund Developer impact fees collected for specific public improvements - community center. 255 Street Facility DIF Fund Developer impact fees collected for specific public improvements - streets. 256 Park Facility DIF Fund Developer impact fees collected for specific public improvements - parks. 257 Fire Protection DIF Fund Developer impact fees collected for specific public improvements - fire protection. 259 Maintenance Facilities DIF Fund Developer impact fees collected for specific public improvements - maintenance facilities. 270 Art In Public Places Fund Developer fees collected in lieu of art placement; utilized for acquisition, installation and maintenance of public artworks.
275 LQ Public Safety Officer Fund Annual transfer in from General Fund; distributed to public safety officers disabled or killed in the line of duty. 299 Interest Allocation Fund Interest earned on investments. 310 LQ Finance Authority Debt Service Fund Accounted for the debt service the Financing Authority’s outstanding debt and any related reporting requirements.
This bond was fully paid in October 2018.
401 Capital Improvement Program Fund Planning, design, and construction of various capital projects throughout the City. 405 SA PA 1 Capital Improvement Fund Successor Agency (SA) Project Area (PA) 1 bond proceeds restricted by the bond indenture covenants. Used for SilverRock infrastructure improvements.
501 Equipment Replacement Fund Internal Service Fund for vehicles, heavy equipment, and related facilities. 502 Information Technology Fund Internal Service Fund for computer hardware and software and phone systems. 503 Park Equipment & Facility Fund Internal Service Fund for park equipment and facilities. 504 Insurance Fund Internal Service Fund for city-wide insurance coverages. 601 SilverRock Resort Fund Enterprise Fund for activities of the city-owned golf course. 602 SilverRock Golf Reserve Fund Enterprise Fund for golf course reserves for capital improvements. 760 Supplemental Pension Plan (PARS Account) Supplemental pension savings plan for excess retiree benefits to general employees of the City. 761 Other Post Benefit Obligation Trust (OPEB) For retiree medical benefits and unfunded liabilities. 762 Pension Trust Benefit (PARS Account) For all pension-related benefits and unfunded liabilities.
Fund Descriptions
279
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: APPROVE DEMAND REGISTERS DATED APRIL 11 AND 18, 2025
RECOMMENDATION
Approve demand registers dated April 11 and 18, 2025.
EXECUTIVE SUMMARY – None
FISCAL IMPACT
Demand of Cash:
City $ 4,871,515.77
Successor Agency of RDA $ 4,055.00
Housing Authority $ 26,632.80
$ 4,902,203.57
BACKGROUND/ANALYSIS
Routine bills and payroll must be paid between Council meetings. Attachment 1 details the weekly demand registers for April 11 and 18, 2025.
Warrants Issued:
216557-216610 $ 578,244.20
216611-216667 $ 2,862,963.02
EFT 205-208 $ 9,857.08
Wire Transfers $ 1,123,211.03
Payroll Tax Transfers $ 58,499.17
Payroll Direct Deposit $ 269,429.07
$ 4,902,203.57
*Check number 216668, payable to Southern California Gas Company, w ill be reported on a future Demand Register Report
CONSENT CALENDAR ITEM NO. 20
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Vendor Account Name Amount Purpose
Ortiz Enterprises, Inc. Construction $2,370,832.12 Dune Palms Bridge Progress Payment
PWLC II, Inc. Tree/Palm Trees
Maintenance
$191,250.00 Citywide Palm Tree Removal
American Business Bank Retention Payable $124,780.63 Dune Palms Bridge Retention Payment
Visit Greater Palm Springs VGPS $98,442.73 FY 24/25 City Funding Action Park Alliance, Inc. X-Park Programming $92,742.70 X-Park Operations Services Wire Transfers: Seventeen transfers totaled $1,123,211. Of this amount, $611,760 was to SilverRock Phase 1 LLC for Debtor-in-Possession financing and $232,852 was to Landmark (See Attachment 2 for a complete listing).
Investment Transactions: Full details of investment transactions, as well as total holdings, are reported quarterly in the Treasurer’s Report.
Prepared by: Jesse Batres, Finance Technician
Approved by: Rosemary Hallick, Principal Management Analyst Attachments: 1. Demand Registers
2. Wire Transfers
Transaction Issuer Type Par Value
Settle
Date
Coupon
Rate YTM
Maturity Capital One Bank USA N.A. CD $ 245,000 4/8/2025 1.600% 1.600% Purchase Federal National Mortgage Assoc. Agency $ 1,000,000 4/9/2025 4.250% 4.250% Purchase Federal Farm Credit Banks Agency $ 1,000,000 4/9/2025 4.000% 3.900% Purchase United States Treasury Treasury Note $ 1,000,000 4/15/2025 3.750% 3.760% Purchase Eagle Bank CD $ 248,000 4/16/2025 4.050% 4.050% Call Federal Home Loan Mortgage Corp Agency $ 1,000,000 4/17/2025 5.600% 5.611% 282 CLICK HERE to Return to Agenda
4/24/2025 2:34:42 PM Page 1 of 6
Demand Register
City of La Quinta Packet: APPKT04133 - 04/10/25 DR
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
ACTION PARK ALLIANCE, INC. 216557 04/01-06/30/25 - X-PARK OPERATIONS … X Park Programming 101-3003-60190 92,742.70 AT&T 216558 03/13/25 PHONE PINGS LA250630028 Special Enforcement Funds 101-2001-60175 175.00 BOYS & GIRLS CLUB OF COA… 216560 01/01-03/31/25 - JOINT FACILITY USE Boys & Girls Club 101-3001-60135 10,000.00 BOYS & GIRLS CLUB OF COA… 216560 04/01-06/30/25 - JOINT FACILITY USE Boys & Girls Club 101-3001-60135 10,000.00 CENTRAL COMMUNICATIONS 216561 04/2025 - STVR HOTLINE Professional Services 101-6004-60103 648.00 CHARTER COMMUNICATIONS… 216562 03/24-04/23/25 - FS #93 CABLE (4001) Cable/Internet - Utilities 101-2002-61400 120.02 COACHELLA VALLEY ASSOC O… 216563 01/2025 - ARTS AND MUSIC LINE SHARE… Contributions to Other Agenc… 101-7006-60480 954.81 COACHELLA VALLEY ASSOC O… 216563 01/2025 - ARTS AND MUSIC LINE SHARE… Contributions to Other Agenc… 101-7006-60480 5,407.35 COACHELLA VALLEY ASSOC O… 216563 02/2025 - ARTS AND MUSIC LINE SHARE… Contributions to Other Agenc… 101-7006-60480 195.19 COACHELLA VALLEY WATER D… 216564 WATER SERVICE Water -Pioneer Park - Utilities 101-3005-61207 594.63 CONVERGINT TECHNOLOGIES… 216565 03/2025 - CITYWIDE CAMERA SYSTEM … Public Safety Camera System… 101-2001-60692 2,123.17 DECKARD TECHNOLOGIES, I… 216567 04/2025 - RENTALSCAPE Professional Services 101-1005-60103 3,950.00 DUNN-EDWARDS CORPORAT… 216568 PAINT SUPPLIES Materials/Supplies 101-3008-60431 148.22 EISENHOWER MEDICAL CEN… 216569 02/04/25 - SEXUAL ASSAULT EXAM Y25… Sexual Assault Exam Fees 101-2001-60193 1,200.00 FEDEX 216571 03/07/25 - OVERNIGHT MAIL Postage 101-1007-60470 28.57 FEDEX 216571 03/22/25 - OVERNIGHT MAIL Postage 101-1007-60470 15.71 FIRSTLINE ENVIRONMENTAL … 216572 EMERGENCY BIO HARZARD CLEAN UP Street Cleaning/Accidents 101-7003-60120 12,422.70 HINDERLITER DE LLAMAS & … 216575 10/01-12/31/24 - AUDIT & SALES TAX C… Consultants 101-1006-60104 2,329.65 HINDERLITER DE LLAMAS & … 216575 10/01-12/31/24 - TRANSACTION TAX C… Consultants 101-1006-60104 2,839.75 HOME DEPOT CREDIT SERVIC… 216576 FS #32 REFLECTIVE NUMBERS Fire Station 101-2002-60670 7.47 HOME DEPOT CREDIT SERVIC… 216576 ALL PURPOSE SAND Materials/Supplies 101-3005-60431 134.42 HOME DEPOT CREDIT SERVIC… 216576 CONCRETE MIX Materials/Supplies 101-3005-60431 257.09 HOME DEPOT CREDIT SERVIC… 216576 CONCRETE RESURFACER & SUPPLIES Materials/Supplies 101-3005-60431 317.38 HOME DEPOT CREDIT SERVIC… 216576 ALL PURPOSE SAND Materials/Supplies 101-3005-60431 37.83 HOME DEPOT CREDIT SERVIC… 216576 REFUND FLAT WASHERS Materials/Supplies 101-3005-60431 -64.46 HOME DEPOT CREDIT SERVIC… 216576 SAW BLADES & MARKERS Materials/Supplies 101-3005-60431 17.89 HOME DEPOT CREDIT SERVIC… 216576 SAW BLADES & MARKERS Materials/Supplies 101-3005-60431 46.07 HOME DEPOT CREDIT SERVIC… 216576 PVC FITTINGS Materials/Supplies 101-3005-60431 183.79 HOME DEPOT CREDIT SERVIC… 216576 FLAT WASHERS Materials/Supplies 101-3005-60431 113.27 HOME DEPOT CREDIT SERVIC… 216576 HARDWARE Materials/Supplies 101-3005-60431 122.50 HOME DEPOT CREDIT SERVIC… 216576 SMALL TOOLS Tools/Equipment 101-3005-60432 43.43 HOME DEPOT CREDIT SERVIC… 216576 SMALL TOOLS Tools/Equipment 101-3005-60432 34.77 HOME DEPOT CREDIT SERVIC… 216576 TOILET SEAT Materials/Supplies 101-3008-60431 31.52 HOME DEPOT CREDIT SERVIC… 216576 BATTERIES Materials/Supplies 101-3008-60431 36.69 HOME DEPOT CREDIT SERVIC… 216576 SPRAY PAINT & BUCKET LID Materials/Supplies 101-3008-60431 42.30 HOME DEPOT CREDIT SERVIC… 216576 SPRAY PAINT & PAINT SUPPLIES Materials/Supplies 101-3008-60431 91.61 HOME DEPOT CREDIT SERVIC… 216576 WASHERS & NUTS Materials/Supplies 101-3008-60431 14.33 HOME DEPOT CREDIT SERVIC… 216576 PLUMBING PARTS Materials/Supplies 101-3008-60431 61.40 HOME DEPOT CREDIT SERVIC… 216576 STRIP LIGHT FIXTURES Materials/Supplies 101-3008-60431 293.53 HOME DEPOT CREDIT SERVIC… 216576 POWER TOOL & BATTERY Tools/Equipment 101-3008-60432 240.30 HOME DEPOT CREDIT SERVIC… 216576 POWER TOOL Tools/Equipment 101-3008-60432 292.19 HOME DEPOT CREDIT SERVIC… 216576 MORTAR MIX Operating Supplies 101-7003-60420 70.45 HOME DEPOT CREDIT SERVIC… 216576 PAINT & PAINT SUPPLIES Operating Supplies 101-7003-60420 100.42 HOME DEPOT CREDIT SERVIC… 216576 SUPPLIES Operating Supplies 101-7003-60420 240.85 HOME DEPOT CREDIT SERVIC… 216576 GAS CANS & SAW BLADES Operating Supplies 101-7003-60420 35.82 HOME DEPOT CREDIT SERVIC… 216576 FLAT WASHERS Operating Supplies 101-7003-60420 129.20 HOME DEPOT CREDIT SERVIC… 216576 SUPPLIES Operating Supplies 101-7003-60420 83.68 HOME DEPOT CREDIT SERVIC… 216576 SHOVEL & GLOVES Tools/Equipment 101-7003-60432 46.71 HOME DEPOT CREDIT SERVIC… 216576 SMALL TOOLS Tools/Equipment 101-7003-60432 113.09 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electricity - Utilities 101-2002-61101 630.60 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Monticello Park - Uti… 101-3005-61102 19.06 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Sports Complex - Uti… 101-3005-61106 4,111.57 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Colonel Paige - Utilit… 101-3005-61108 823.01 ATTACHMENT 1
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Demand Register Packet: APPKT04133 - 04/10/25 DR
4/24/2025 2:34:42 PM Page 2 of 6
Vendor Name Payment Number Description (Item) Account Name Account Number Amount IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Community Park - U… 101-3005-61109 7,556.83 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Adams Park - Utiliti… 101-3005-61110 56.87 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Eisenhower Park - U… 101-3005-61113 24.39 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Desert Pride - Utiliti… 101-3005-61114 19.06 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electricity - Utilities 101-3008-61101 12,670.59 INDUSTRIAL HEALTH MEDICA… 216579 03/31/25 - DMV DOT RECERTIFICATION Consultants/Employee Servic… 101-1004-60104 100.00 JNS MEDIA SPECIALISTS 216581 2025 DESERT RODEO SPONSORSHIP Sponsorships/Advertising 101-3007-60450 10,175.00 LANCE, SOLL, & LUNGHARD L… 216582 FY 23/24 SINGLE AUDIT PROGRESS BILL Auditors 101-1006-60106 7,020.00 LANCE, SOLL, & LUNGHARD L… 216582 FY 23/24 LEASE/SBITA ASSISTANCE Professional Services 101-1006-60103 1,350.00 LOWE'S HOME IMPROVEME… 216583 RECESSED DOWNLIGHTS Maintenance/Services 101-2002-60691 103.29 LOWE'S HOME IMPROVEME… 216583 NUMBERS Operating Supplies 101-3002-60420 23.94 LOWE'S HOME IMPROVEME… 216583 PAVER SAND Materials/Supplies 101-3005-60431 209.57 LOWE'S HOME IMPROVEME… 216583 SUPPLIES & MATERIALS Materials/Supplies 101-3005-60431 295.01 LOWE'S HOME IMPROVEME… 216583 SMALL TOOLS Tools/Equipment 101-3005-60432 62.98 LOWE'S HOME IMPROVEME… 216583 REFUND SMALL TOOLS Tools/Equipment 101-3005-60432 -62.98 LOWE'S HOME IMPROVEME… 216583 POWER TOOL Tools/Equipment 101-3005-60432 243.75 LOWE'S HOME IMPROVEME… 216583 UTILITY SINKS & PARTS Materials/Supplies 101-3008-60431 309.09 LOWE'S HOME IMPROVEME… 216583 BATTERIES Materials/Supplies 101-3008-60431 182.67 LOWE'S HOME IMPROVEME… 216583 TOILET FILL VALVE & HARDWARE Materials/Supplies 101-3008-60431 47.25 LOWE'S HOME IMPROVEME… 216583 SMALL TOOLS Tools/Equipment 101-3008-60432 144.59 LOWE'S HOME IMPROVEME… 216583 SMALL TOOLS Tools/Equipment 101-3008-60432 59.83 LOWE'S HOME IMPROVEME… 216583 WASHERS & NUTS Operating Supplies 101-7003-60420 113.10 LOWE'S HOME IMPROVEME… 216583 SMALL TOOLS Operating Supplies 101-7003-60420 38.06 LOWE'S HOME IMPROVEME… 216583 SMALL TOOLS Tools/Equipment 101-7003-60432 30.97 LOWE'S HOME IMPROVEME… 216583 ANGLE GRINDER POWER TOOL Tools/Equipment 101-7003-60432 440.99 MCGARREY, DEBORAH 216585 03/28/25 - LEAGUE OF CA MEETING RE… Travel & Training 101-1001-60320 213.72 MISSION LINEN SUPPLY 216586 CITY STAFF JACKETS Operating Supplies 101-1005-60420 214.19 MOTOPORT USA 216587 RSO BOOTS Special Enforcement Funds 101-2001-60175 395.34 NOBLEWINS LLC 216588 X-PARK BENCHES TAXES Sales Taxes Payable 101-0000-20304 -944.21 OCEAN SPRINGS TECH INC 216589 03/14-03/15/25 - FB POOL REPAIRS Fritz Burns Pool Maintenance 101-3005-60184 4,559.38 OCEAN SPRINGS TECH INC 216589 03/19-03/20/25 - FB POOL SERVICE CALL Fritz Burns Pool Maintenance 101-3005-60184 290.00 OCEAN SPRINGS TECH INC 216589 04/2025 - FB POOL MONTHLY MAINTEN… Fritz Burns Pool Maintenance 101-3005-60184 6,386.00 OFFICE OF ECONOMIC DEVE… 216590 STATE OF THE 4TH DISTRICT EVENT G.VI… Travel & Training 101-1002-60320 1,000.00 PACIFIC WEST AIR CONDITIO… 216591 03/2025 - CH WATER TREATMENT HVAC 101-3008-60667 125.00 PAX FITNESS REPAIR 216592 03/2025 - FITNESS EQUIPMENT MAINT… Operating Supplies 101-3002-60420 500.00 PAX FITNESS REPAIR 216592 FITNESS EQUIPMENT REPAIRS Operating Supplies 101-3002-60420 1,067.70 PROPER SOLUTIONS INC 216593 03/28/25 - TEMP AGENCY SERVICES G.R… Temporary Agency Services 101-1004-60125 1,706.80 QUINN COMPANY 216595 CH GENERATOR BATTERY Machinery & Equipment 101-2002-80101 486.40 QUINN COMPANY 216595 CH GENERATOR REPAIRS Machinery & Equipment 101-2002-80101 1,365.62 QUINN COMPANY 216595 CH GENERATOR MAINTENANCE Machinery & Equipment 101-2002-80101 1,244.60 QUINN COMPANY 216595 WC GENERATOR MAINTENANCE Machinery & Equipment 101-2002-80101 1,206.30 QUINN COMPANY 216595 FS #32 GENERATOR MAINTENANCE Machinery & Equipment 101-2002-80101 1,196.15 QUINN COMPANY 216595 FS #70 GENERATOR MAINTENANCE Machinery & Equipment 101-2002-80101 1,187.85 SANCHEZ, STEVE 216597 3/27/25 LEAGUE OF CA MEETING REIMB… Travel & Training 101-1001-60320 207.78 SHAUN KEATING 216598 STVR PERMIT REFUND STVR # 260560 STVR Business Licenses 101-0000-41602 21.00 STAPLES ADVANTAGE 216599 CARD STOCK Office Supplies 101-2002-60400 40.22 STAPLES ADVANTAGE 216599 OFFICE SUPPLIES Office Supplies 101-7001-60400 55.17 STAPLES ADVANTAGE 216599 LAPTOP CHARGER Office Supplies 101-7001-60400 58.61 TORRES WINDOW SOLUTION… 216600 CITY CLERK COUNTER TOP GLASS REMO… Maintenance/Services 101-3008-60691 600.00 TPX COMMUNICATIONS 216601 03/23-04/22/25 - EOC PHONE SERVICE Telephone - Utilities 101-2002-61300 821.70 UC REGENTS 216603 4/1/25-3/31/26 ANDERSON FORECAST … Prepaid Expense 101-0000-13600 1,500.00 USA DRAIN AND PLUMBING… 216606 SPORTS COMPLEX RESTROOM PLUMBI… Maintenance/Services 101-3008-60691 1,476.50 USA DRAIN AND PLUMBING… 216606 LQ PARK RESTROOM URINALS & SINKS … Maintenance/Services 101-3008-60691 650.00 USA DRAIN AND PLUMBING… 216606 LQ PARK RESTROOM TOILET REPAIR Maintenance/Services 101-3008-60691 595.00 USA-FACT,INC. 216607 03/2025 - PRE-EMPLOYMENT BACKGRO… Recruiting/Pre-Employment 101-1004-60129 466.60 VINTAGE ASSOCIATES 216608 LANDSCAPE ROCK FOR SRR PARK Maintenance/Services 101-3005-60691 798.00 VISIT GREATER PALM SPRINGS 216609 Q4 FY24/25 CITY FUNDING VGPS - Visit Greater Palm Spr… 101-3007-60151 98,442.73 Fund 101 - GENERAL FUND Total: 323,804.25
Fund: 201 - GAS TAX FUND
MARTIN MARIETTA 216584 ASPHALT Asphalt 201-7003-60430 594.38 284 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount UNDERGROUND SERVICE AL… 216604 04/01/25 DIG ALERT SERVICES Materials/Supplies 201-7003-60431 48.85 Fund 201 - GAS TAX FUND Total: 643.23
Fund: 202 - LIBRARY & MUSEUM FUND
DUNN-EDWARDS CORPORAT… 216568 PAINT Maintenance/Services 202-3004-60691 924.92 PACIFIC WEST AIR CONDITIO… 216591 03/2025 - LIBRARY WATER TREATMENT HVAC 202-3004-60667 125.00 Fund 202 - LIBRARY & MUSEUM FUND Total: 1,049.92
Fund: 215 - LIGHTING & LANDSCAPING FUND
COACHELLA VALLEY WATER D… 216564 WATER SERVICE Water - Medians - Utilities 215-7004-61211 165.49 EWING IRRIGATION PRODUC… 216570 IRRIGATION PARTS Materials/Supplies 215-7004-60431 1,134.88 EWING IRRIGATION PRODUC… 216570 IRRIGATION PARTS Materials/Supplies 215-7004-60431 1,441.42 FRONTIER COMMUNICATIO… 216573 03/10-04/09/25 - PHONE SERVICE Electric - Utilities 215-7004-61116 58.80 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 3,611.84 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 1,634.49 IMPERIAL IRRIGATION DIST 216578 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 958.01 PWLC II, INC 216594 PALM TREE REMOVAL & SUMP GRINDI… Tree Maintenance/Palm Trees 215-7004-60673 191,250.00 RED TERRA NURSERY, LLC 216596 PLANTS Materials/Supplies 215-7004-60431 2,653.50 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 202,908.43 Fund: 230 - CASp FUND, AB 1379
SHAUN KEATING 216598 STVR PERMIT REFUND STVR # 260560 SB 1186 Revenue 230-0000-42130 4.00 Fund 230 - CASp FUND, AB 1379 Total: 4.00
Fund: 237 - SUCCESSOR AGCY PA 1 ADMIN
US BANK 216605 12/01/24-11/30/25 2016A BOND TRUST… Consultants 237-9001-60104 1,750.00 WILLDAN 216610 FY 23/24 CONTINUING BOND DISCLOSU… Consultants 237-9001-60104 2,305.00 Fund 237 - SUCCESSOR AGCY PA 1 ADMIN Total: 4,055.00
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
HERMANN DESIGN GROUP I… 216574 02/2025 - CITYWIDE IRRIGATION MAST… Design 401-0000-60185 6,158.75 HOME DEPOT CREDIT SERVIC… 216576 SPRAY PAINT & PAINT SUPPLIES Construction 401-0000-60188 58.39 HOME DEPOT CREDIT SERVIC… 216576 WASHER & SCREWS Construction 401-0000-60188 42.04 VINTAGE ASSOCIATES 216608 03/03-03/14/25 - CITYWIDE IRRIGATION… Design 401-0000-60185 6,770.00 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 13,029.18 Fund: 501 - FACILITY & FLEET REPLACEMENT
BMW MOTORCYCLES OF RIV… 216559 MOTORCYCLE REPAIRS A1245 Motorcycle Repair & Mainte… 501-0000-60679 2,475.89 BMW MOTORCYCLES OF RIV… 216559 MOTORCYCLE REPAIRS A1154 Motorcycle Repair & Mainte… 501-0000-60679 1,865.71 DANIEL'S TIRE SERVICE, INC. 216566 22 CHEVY COLORADO VIN N1128784 BR… Vehicle Repair & Maintenan… 501-0000-60676 538.84 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 4,880.44 Fund: 502 - INFORMATION TECHNOLOGY
INSIGHT PUBLIC SECTOR, INC. 216580 LENOVO DOCKING STATIONS FOR IT ST… Machinery & Equipment 502-0000-80100 696.12 INSIGHT PUBLIC SECTOR, INC. 216580 LENOVO DOCKING STATION TAX Machinery & Equipment 502-0000-80100 60.91 INSIGHT PUBLIC SECTOR, INC. 216580 LENOVO THINK PADS & DOCKING STATI… Computers 502-0000-80103 20.00 INSIGHT PUBLIC SECTOR, INC. 216580 LENOVO THINK PAD LAPTOPS Computers 502-0000-80103 4,692.00 INSIGHT PUBLIC SECTOR, INC. 216580 LENOVO THINK PADS TAX Computers 502-0000-80103 410.55 TPX COMMUNICATIONS 216601 03/23-04/22/25 - PHONE SERVICE Telephone - Utilities 502-0000-61300 3,188.94 TRITON TECHNOLOGY SOLUT… 216602 04/2025 - AV SYSTEM MAINTENANCE Maintenance Agreements 502-0000-60300 3,187.50 Fund 502 - INFORMATION TECHNOLOGY Total: 12,256.02
Fund: 503 - PARK EQUIP & FACILITY FUND
NOBLEWINS LLC 216588 X-PARK BENCHES FROM NOBLEWINS- F… Parks 503-0000-71060 3,150.00 NOBLEWINS LLC 216588 X-PARK BENCHES FROM NOBLEWINS- T… Parks 503-0000-71060 944.21 NOBLEWINS LLC 216588 X-PARK BENCHES FROM NOBLEWINS 1… Parks 503-0000-71060 -1,199.00 NOBLEWINS LLC 216588 X-PARK BENCHES FROM NOBLEWINS Parks 503-0000-71060 11,990.00 Fund 503 - PARK EQUIP & FACILITY FUND Total: 14,885.21
Fund: 601 - SILVERROCK RESORT
HOME DEPOT CREDIT SERVIC… 216576 STEEL DOOR Repair & Maintenance 601-0000-60660 354.97 HOME DEPOT CREDIT SERVIC… 216576 LIGHT BULBS Repair & Maintenance 601-0000-60660 104.23 HOME DEPOT CREDIT SERVIC… 216576 PAINT SUPPLIES Repair & Maintenance 601-0000-60660 24.41 HOME DEPOT CREDIT SERVIC… 216576 SUPPLIES Repair & Maintenance 601-0000-60660 106.53 LOWE'S HOME IMPROVEME… 216583 TUBE LIGHT BULBS Repair & Maintenance 601-0000-60660 61.97 285 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount LOWE'S HOME IMPROVEME… 216583 TUBE LIGHT BULBS Repair & Maintenance 601-0000-60660 76.41 Fund 601 - SILVERROCK RESORT Total: 728.52
Grand Total: 578,244.20
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 323,804.25
201 - GAS TAX FUND 643.23
202 - LIBRARY & MUSEUM FUND 1,049.92
215 - LIGHTING & LANDSCAPING FUND 202,908.43
230 - CASp FUND, AB 1379 4.00
237 - SUCCESSOR AGCY PA 1 ADMIN 4,055.00
401 - CAPITAL IMPROVEMENT PROGRAMS 13,029.18
501 - FACILITY & FLEET REPLACEMENT 4,880.44
502 - INFORMATION TECHNOLOGY 12,256.02
503 - PARK EQUIP & FACILITY FUND 14,885.21
601 - SILVERROCK RESORT 728.52
Grand Total: 578,244.20
Account Summary
Account Number Account Name Expense Amount
101-0000-13600 Prepaid Expense 1,500.00
101-0000-20304 Sales Taxes Payable -944.21
101-0000-41602 STVR Business Licenses 21.00
101-1001-60320 Travel & Training 421.50
101-1002-60320 Travel & Training 1,000.00
101-1004-60104 Consultants/Employee S… 100.00
101-1004-60125 Temporary Agency Servi… 1,706.80
101-1004-60129 Recruiting/Pre-Employm… 466.60
101-1005-60103 Professional Services 3,950.00
101-1005-60420 Operating Supplies 214.19
101-1006-60103 Professional Services 1,350.00
101-1006-60104 Consultants 5,169.40
101-1006-60106 Auditors 7,020.00
101-1007-60470 Postage 44.28
101-2001-60175 Special Enforcement Fu… 570.34
101-2001-60193 Sexual Assault Exam Fees 1,200.00
101-2001-60692 Public Safety Camera Sys… 2,123.17
101-2002-60400 Office Supplies 40.22
101-2002-60670 Fire Station 7.47
101-2002-60691 Maintenance/Services 103.29
101-2002-61101 Electricity - Utilities 630.60
101-2002-61300 Telephone - Utilities 821.70
101-2002-61400 Cable/Internet - Utilities 120.02
101-2002-80101 Machinery & Equipment 6,686.92
101-3001-60135 Boys & Girls Club 20,000.00
101-3002-60420 Operating Supplies 1,591.64
101-3003-60190 X Park Programming 92,742.70
101-3005-60184 Fritz Burns Pool Mainten… 11,235.38
101-3005-60431 Materials/Supplies 1,670.36
101-3005-60432 Tools/Equipment 321.95
101-3005-60691 Maintenance/Services 798.00
101-3005-61102 Electric - Monticello Park… 19.06
101-3005-61106 Electric - Sports Complex… 4,111.57
101-3005-61108 Electric - Colonel Paige -… 823.01
101-3005-61109 Electric - Community Par… 7,556.83
101-3005-61110 Electric - Adams Park - Ut… 56.87
101-3005-61113 Electric - Eisenhower Par… 24.39
101-3005-61114 Electric - Desert Pride - U… 19.06
101-3005-61207 Water -Pioneer Park - Uti… 594.63
101-3007-60151 VGPS - Visit Greater Palm… 98,442.73
101-3007-60450 Sponsorships/Advertising 10,175.00
101-3008-60431 Materials/Supplies 1,258.61
101-3008-60432 Tools/Equipment 736.91
101-3008-60667 HVAC 125.00
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Account Summary
Account Number Account Name Expense Amount
101-3008-60691 Maintenance/Services 3,321.50
101-3008-61101 Electricity - Utilities 12,670.59
101-6004-60103 Professional Services 648.00
101-7001-60400 Office Supplies 113.78
101-7003-60120 Street Cleaning/Accidents 12,422.70
101-7003-60420 Operating Supplies 811.58
101-7003-60432 Tools/Equipment 631.76
101-7006-60480 Contributions to Other A… 6,557.35
201-7003-60430 Asphalt 594.38
201-7003-60431 Materials/Supplies 48.85
202-3004-60667 HVAC 125.00
202-3004-60691 Maintenance/Services 924.92
215-7004-60431 Materials/Supplies 5,229.80
215-7004-60673 Tree Maintenance/Palm … 191,250.00
215-7004-61116 Electric - Utilities 4,628.65
215-7004-61117 Electric - Medians - Utilit… 1,634.49
215-7004-61211 Water - Medians - Utiliti… 165.49
230-0000-42130 SB 1186 Revenue 4.00
237-9001-60104 Consultants 4,055.00
401-0000-60185 Design 12,928.75
401-0000-60188 Construction 100.43
501-0000-60676 Vehicle Repair & Maint… 538.84
501-0000-60679 Motorcycle Repair & Ma… 4,341.60
502-0000-60300 Maintenance Agreements 3,187.50
502-0000-61300 Telephone - Utilities 3,188.94
502-0000-80100 Machinery & Equipment 757.03
502-0000-80103 Computers 5,122.55
503-0000-71060 Parks 14,885.21
601-0000-60660 Repair & Maintenance 728.52
Grand Total: 578,244.20
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 344,791.87
201804E Landscape & Lighting Median Islan… Landscape & Lighting Median Island Improvements 5,229.80 202008CB Contribution Expense Avenue 48 Art and Music Line Project 6,557.35 202215E Landscape Maintenance Refurbis… Landscape Maint Refurbishment-PWLC II Inc191,250.00 202331E SilverRock Landscape Maintenance… SilverRock Landscape Maintenance Services 798.00 202415D Design Expense Citywide Irrigation Upgrade 12,928.75 2425TMICT Construction Expense FY24/25 Traffic Maintenance Improvements 100.43 STVRE Short Term Vacation Rental Expen… Short Term Vacation Rental Tracking 4,598.00 XPARKE X Park Expenses X Park 11,990.00
Grand Total: 578,244.20
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
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Demand Register
City of La Quinta Packet: APPKT04141 - 04/18/25 DR
Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 101 - GENERAL FUND
BATUTA, DANIELE 205 FY 24/25 WELLNESS DOLLARS REIMB D.… Annual Wellness Dollar Reim… 101-1004-50252 75.00 DELGADO AGUILERA, JOSE A 206 PROPANE REFILL REFUND J.DELGADO Gas - Utilities 101-3008-61100 28.26 ORTEGA, VIRGINIA 207 FY 24/25 WELLNESS DOLLARS REIMB V.… Annual Wellness Dollar Reim… 101-1004-50252 200.00 ARMOR TOWING 216613 POLICE TOW LA243340016 Sheriff - Other 101-2001-60176 185.00 BMO FINANCIAL GROUP 216614 FLEET TEST Travel & Training 101-3008-60320 50.00 BMO FINANCIAL GROUP 216614 PW PARKS APRIL APWA LUNCHEON Travel & Training 101-3005-60320 110.40 BMO FINANCIAL GROUP 216614 PW ADMIN APRIL APWA LUNCHEON Travel & Training 101-7001-60320 99.74 BMO FINANCIAL GROUP 216614 OPERATING SUPPLIES Operating Supplies 101-7001-60420 332.36 BMO FINANCIAL GROUP 216614 PW STREETS APRIL APWA LUNCHEON Travel & Training 101-7003-60320 320.54 BMO FINANCIAL GROUP 216614 PW INSPECTORS CGP REVIEW Travel & Training 101-7006-60320 250.00 BMO FINANCIAL GROUP 216614 PW ENG APRIL APWA LUNCHEON Travel & Training 101-7006-60320 105.07 BMO FINANCIAL GROUP 216614 SNACKS FOR CONCERTS IN THE PARK Operating Supplies 101-1004-60420 217.00 BMO FINANCIAL GROUP 216614 SENIOR LUNCHEON Operating Supplies 101-3002-60420 702.10 BMO FINANCIAL GROUP 216614 FOOD FOR CONCERTS IN THE PARK Community Experiences 101-3003-60149 172.89 BMO FINANCIAL GROUP 216614 MUSIC LICENSE Community Experiences 101-3003-60149 1,253.52 BMO FINANCIAL GROUP 216614 DELIVER/INSTALL CANOPIES, TABLES & L… Community Experiences 101-3003-60149 1,135.00 BMO FINANCIAL GROUP 216614 SNACKS FOR CONCERTS Community Experiences 101-3003-60149 224.70 BMO FINANCIAL GROUP 216614 FOOD FOR CONCERTS IN THE PARK Community Experiences 101-3003-60149 198.17 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Operating Supplies 101-3003-60420 217.99 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Office Supplies 101-1002-60400 39.32 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Office Supplies 101-1002-60400 40.19 BMO FINANCIAL GROUP 216614 03/15 - 3/16 BBP/HEAT ILLNESS TRAINI… Travel & Training 101-1004-60320 97.24 BMO FINANCIAL GROUP 216614 ERGONOMICS TRAINING SNACKS Travel & Training 101-1004-60320 111.91 BMO FINANCIAL GROUP 216614 EMPLOYEE APPRECIATION DINNER SUP… Employee Recognition Events 101-1004-60340 38.28 BMO FINANCIAL GROUP 216614 EMPLYOEE APPRECIATION DINNER SUP… Employee Recognition Events 101-1004-60340 70.63 BMO FINANCIAL GROUP 216614 2025 CSMFO MEMBERSHIP C.MARTINEZ Membership Dues 101-1006-60351 150.00 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Office Supplies 101-1006-60400 17.39 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Office Supplies 101-1006-60400 101.26 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Office Supplies 101-1006-60400 85.90 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Office Supplies 101-1006-60400 68.11 BMO FINANCIAL GROUP 216614 FINANCE SAFE KEYPAD Office Supplies 101-1006-60400 141.34 BMO FINANCIAL GROUP 216614 BREAKROOM SUPPLIES Citywide Supplies 101-1007-60403 44.71 BMO FINANCIAL GROUP 216614 BREAKROOM COFFEE SUPPLIES Citywide Supplies 101-1007-60403 29.99 BMO FINANCIAL GROUP 216614 COFFEE SUPPLIES Citywide Supplies 101-1007-60403 5.89 BMO FINANCIAL GROUP 216614 COFFEE MACHINE SUPPLIES Citywide Supplies 101-1007-60403 81.55 BMO FINANCIAL GROUP 216614 BREAKROOM SUPPLIES Citywide Supplies 101-1007-60403 28.80 BMO FINANCIAL GROUP 216614 BREAKROOM COFFEE SUPPLIES Citywide Supplies 101-1007-60403 60.04 BMO FINANCIAL GROUP 216614 NEIGHBORHOOD WATCH MEETING SNA… LQ Police Volunteers 101-2001-60109 59.88 BMO FINANCIAL GROUP 216614 NOTARY EXAM FOR POLICE Travel & Training 101-2001-60320 1,060.23 BMO FINANCIAL GROUP 216614 EMERGENCY MANAGEMENT MONTHLY… Office Supplies 101-2002-60400 62.76 BMO FINANCIAL GROUP 216614 EOC SUPPLIES Office Supplies 101-2002-60400 29.34 BMO FINANCIAL GROUP 216614 FOOD SUPPLY FOR EOC @ PW YARD Disaster Prep Supplies 101-2002-60406 307.30 BMO FINANCIAL GROUP 216614 VIAL OF LIFE MAGNETS Disaster Prep Supplies 101-2002-60406 92.31 BMO FINANCIAL GROUP 216614 RESUPPLY OF VIAL OF LIFE BAGS Disaster Prep Supplies 101-2002-60406 819.60 BMO FINANCIAL GROUP 216614 FS #93 CLEANING SUPPLIES Fire Station 101-2002-60670 195.65 BMO FINANCIAL GROUP 216614 FS #93 DOOR BUTTON REPLACEMENT Fire Station 101-2002-60670 153.87 BMO FINANCIAL GROUP 216614 FS #70 COFFEE MAKER/POD DISPENSER Fire Station 101-2002-60670 189.20 BMO FINANCIAL GROUP 216614 FS#93 COOK VENT FAN Maintenance/Services 101-2002-60691 143.08 BMO FINANCIAL GROUP 216614 WC SUPPLIES Operating Supplies 101-3002-60420 198.59 BMO FINANCIAL GROUP 216614 KITE EVENT SUPPLIES Community Experiences 101-3003-60149 82.64 BMO FINANCIAL GROUP 216614 KITE EVENT SUPPLIES Community Experiences 101-3003-60149 17.35 BMO FINANCIAL GROUP 216614 KITE EVENT SUPPLIES Community Experiences 101-3003-60149 71.39 BMO FINANCIAL GROUP 216614 MATERIALS Materials/Supplies 101-3005-60431 35.77 289 CLICK HERE to Return to Agenda
Demand Register Packet: APPKT04141 - 04/18/25 DR
4/24/2025 2:29:37 PM Page 2 of 8
Vendor Name Payment Number Description (Item) Account Name Account Number Amount BMO FINANCIAL GROUP 216614 MATERIALS Materials/Supplies 101-3005-60431 1,383.60 BMO FINANCIAL GROUP 216614 MATERIALS Materials/Supplies 101-3005-60431 909.48 BMO FINANCIAL GROUP 216614 03/2025 - MAILCHIMP Membership Dues 101-3007-60351 219.00 BMO FINANCIAL GROUP 216614 APPLE MONTHLY MEMBERSHIP Membership Dues 101-3007-60351 25.95 BMO FINANCIAL GROUP 216614 PODCAST EQUIPMENT Operating Supplies 101-3007-60420 11.63 BMO FINANCIAL GROUP 216614 WC BREAKROOM SUPPLIES Operating Supplies 101-3007-60420 93.50 BMO FINANCIAL GROUP 216614 PODCAST EQUIPMENT Operating Supplies 101-3007-60420 29.34 BMO FINANCIAL GROUP 216614 DIGITAL WALL CLOCK Materials/Supplies 101-3008-60431 168.51 BMO FINANCIAL GROUP 216614 CABINET LOCKS Materials/Supplies 101-3008-60431 32.60 BMO FINANCIAL GROUP 216614 FLAGPOLE ROPE KIT Materials/Supplies 101-3008-60431 29.34 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Office Supplies 101-6001-60400 40.72 BMO FINANCIAL GROUP 216614 SEAT CUSHION FOR OFFICE CHAIR Office Supplies 101-6004-60400 40.21 BMO FINANCIAL GROUP 216614 CHAINS/LOCKS FOR SRR PARK Supplies - Field 101-6004-60425 162.99 BMO FINANCIAL GROUP 216614 REFUND HEAVY DUTY CABLE/CHAINS Supplies - Field 101-6004-60425 -86.48 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Operating Supplies 101-6006-60420 177.24 BMO FINANCIAL GROUP 216614 PRE-EMPLOYMENT PHYSICAL Recruiting/Pre-Employment 101-1004-60129 99.00 BMO FINANCIAL GROUP 216614 INTERVIEW PANEL LUNCH Recruiting/Pre-Employment 101-1004-60129 89.13 BMO FINANCIAL GROUP 216614 PRE-EMPLOYMENT PHYSICAL Recruiting/Pre-Employment 101-1004-60129 99.00 BMO FINANCIAL GROUP 216614 EMP APPRECIATION DINNER Employee Recognition Events 101-1004-60340 950.00 BMO FINANCIAL GROUP 216614 EMP APPRECIATION DINNER Employee Recognition Events 101-1004-60340 50.00 BMO FINANCIAL GROUP 216614 EMP APPRECIATION DINNER Employee Recognition Events 101-1004-60340 15.09 BMO FINANCIAL GROUP 216614 EMP APPRECIATION DINNER Employee Recognition Events 101-1004-60340 75.00 BMO FINANCIAL GROUP 216614 EMP APPRECIATION DINNER Employee Recognition Events 101-1004-60340 400.00 BMO FINANCIAL GROUP 216614 EMP APPRECIATION DINNER Employee Recognition Events 101-1004-60340 1,393.00 BMO FINANCIAL GROUP 216614 EMP APPRECIATION DINNER Employee Recognition Events 101-1004-60340 75.00 BMO FINANCIAL GROUP 216614 EMP APPRECIATION DINNER Employee Recognition Events 101-1004-60340 75.00 BMO FINANCIAL GROUP 216614 CEQA TRAINING 03/13/25 SFERNANDEZ Travel & Training 101-6002-60320 120.00 BMO FINANCIAL GROUP 216614 2025 SCAG CONFERENCE DCASTRO Travel & Training 101-6002-60320 400.00 BMO FINANCIAL GROUP 216614 2025 SCAG CONFERENCE CFLORES Travel & Training 101-6002-60320 400.00 BMO FINANCIAL GROUP 216614 2025 CASP CERT - DCLAYTON Travel & Training 101-6003-60320 51.50 BMO FINANCIAL GROUP 216614 TO BE REIMB. Administration 101-1006-60102 5.00 BMO FINANCIAL GROUP 216614 POLE STRAIGHTENER Tools/Equipment 101-7003-60432 1,574.45 BMO FINANCIAL GROUP 216614 CPRS MEMBERSHIP DUES Membership Dues 101-3005-60351 150.00 BMO FINANCIAL GROUP 216614 MMASC MEMBERSHIP L. MCGINLEY Membership Dues 101-1002-60351 125.00 BMO FINANCIAL GROUP 216614 2025 INNOVA TECH EVENT Membership Dues 101-1002-60351 50.00 BMO FINANCIAL GROUP 216614 SPRING FORUM D.KINLEY/L.MCGINGLY Membership Dues 101-1002-60351 280.00 BMO FINANCIAL GROUP 216614 WORK MANAGEMENT ANNUAL SUBSCR… Membership Dues 101-3007-60351 288.00 BMO FINANCIAL GROUP 216614 X-PARK STICKERS Printing 101-3007-60410 243.06 BMO FINANCIAL GROUP 216614 MARKETING INTERVIEWS Marketing & Tourism Promot… 101-3007-60461 168.22 BMO FINANCIAL GROUP 216614 ERGONOMICS TRAINING SNACKS Travel & Training 101-1004-60320 82.83 BMO FINANCIAL GROUP 216614 BBP/HEAT ILLNESS TRAINING SNACKS Travel & Training 101-1004-60320 106.33 BMO FINANCIAL GROUP 216614 COUNCIL MEETING SNACKS Travel & Training 101-1001-60320 44.43 BMO FINANCIAL GROUP 216614 RM CHAMBER LUNCH Travel & Training 101-1001-60320 55.00 BMO FINANCIAL GROUP 216614 04/23/25 D.MCGARREY LEAGUE CONFR… Travel & Training 101-1001-60320 385.96 BMO FINANCIAL GROUP 216614 UNITED WAY GALA S.SANCHEZ Travel & Training 101-1001-60320 295.00 BMO FINANCIAL GROUP 216614 03/18/25 COUNCIL MEETING DINNER Travel & Training 101-1001-60320 259.26 BMO FINANCIAL GROUP 216614 03/20/25 JOINT COUNCIL MEETING LU… Travel & Training 101-1001-60320 837.27 BMO FINANCIAL GROUP 216614 LEAGUE CONFRENCE REG D.MCGARREY Travel & Training 101-1001-60320 160.00 BMO FINANCIAL GROUP 216614 03/04/25 COUNCIL MEETING LUNCH Travel & Training 101-1006-60320 106.38 BMO FINANCIAL GROUP 216614 LEAGUE MEETING D.MCGARREY Travel & Training 101-1006-60320 60.00 BMO FINANCIAL GROUP 216614 GALA FUNDRAISER BOYS&GIRLS CLUB S.… Travel & Training 101-1006-60320 500.00 BMO FINANCIAL GROUP 216614 OFFICE SUPPLIES Office Supplies 101-1005-60400 193.66 BMO FINANCIAL GROUP 216614 TRAINING WORKING LUNCH Travel & Training 101-7003-60320 103.89 BMO FINANCIAL GROUP 216614 TRAINING WORKING LUNCH Travel & Training 101-7003-60320 34.23 BMO FINANCIAL GROUP 216614 03/25/25 TRAINING WORK LUNCH Travel & Training 101-7003-60320 122.51 CLEARSOURCE FINANCIAL C… 216623 FY 24/25 ASSESSMENT CALC & TAX ROLL… Consultants 101-7002-60104 3,500.00 COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water - Utilities 101-2002-61200 115.02 COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water -Fritz Burns Park - Utili… 101-3005-61204 302.76 COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water -Community Park - Util… 101-3005-61209 1,774.92 COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water - Utilities 101-3008-61200 26.08 290 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water - Utilities 101-2002-61200 551.61 COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water -Monticello Park - Utili… 101-3005-61201 1,320.52 COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water -Seasons Park - Utilities 101-3005-61208 28.68 COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water - Utilities 101-3008-61200 71.76 COACHELLA VALLEY WATER D… 216624 WATER SERVICE PM 10 - Dust Control 101-7006-60146 43.90 COOL CACTUS CANDIES 216625 CANDIES FOR EGG HUNT EVENT REMAIN… Community Experiences 101-3003-60149 1,250.00 COUNTY OF RIVERSIDE 216626 01/01-03/31/25 - EMERGENCY SVCS CO… Fire Service Costs 101-2002-60139 11,250.00 DATA TICKET, INC. 216628 03/2025 - CODE CITATION PROCESSING Administrative Citation Servi… 101-6004-60111 547.00 DATA TICKET, INC. 216628 03/2025 - POLICE CITATION PROCESSING Administrative Citation Servi… 101-6004-60111 271.57 DESERT CONCEPTS CONSTR… 216629 X-PARK TREE & IRRIGATION INSTALLATI… Maintenance/Services 101-3005-60691 1,000.00 DESERT CONCEPTS CONSTR… 216629 04/11/25 - MONTICELLO PARK PLANT R… Maintenance/Services 101-3005-60691 1,080.00 DESERT SANDS UNIFIED SCH… 216630 12/12/24-01/08/25 - BP #7 SCHOOL RE… School Officer 101-2001-60168 8,956.34 FEDEX 216632 04/02/25 - OVERNIGHT MAIL Postage 101-1007-60470 15.71 FRANCHISE TAX BOARD 216633 GARNISHMENT Garnishments Payable 101-0000-20985 224.39 FRONTIER COMMUNICATIO… 216634 03/26-04/25/25 - POLICE INTERNET Cable/Internet - Utilities 101-2001-61400 535.68 FRONTIER COMMUNICATIO… 216634 03/28-04/27/25 - SPORTS COMPLEX PH… Telephone - Utilities 101-3005-61300 70.62 JOHNSTONE SUPPLY 216637 CITYWIDE HVAC FILTERS HVAC 101-3008-60667 1,921.45 KETTLEMITAS, INC 216638 POPCORN FOR EGG HUNT EVENT Community Experiences 101-3003-60149 750.00 KONE INC 216639 04/01-06/30/25 - CH ELEVATOR MAINT… Maintenance/Services 101-3008-60691 710.19 LOGIC COMPENSATION GRO… 216640 SALARY SCHEDULE STRUCTURE DISCUSS… Professional Services 101-1004-60103 162.50 MADDEN MEDIA 216642 03/2025 - MEDIA SERVICES Marketing & Tourism Promot… 101-3007-60461 81,575.99 MERCHANTS BUILDING MAI… 216643 03/2025 - JANITORIAL SERVICES Janitorial 101-3008-60115 15,833.98 MOWERS PLUS INC 216644 EQUIPMENT SUPPLIES Tools/Equipment 101-7003-60432 231.28 OCEAN SPRINGS TECH INC 216645 03/31/25 - FB POOL SENSOR REPLACEM… Fritz Burns Pool Maintenance 101-3005-60184 594.26 OCEAN SPRINGS TECH INC 216645 03/29/25 - FB POOL IPS CONTROLLER M… Fritz Burns Pool Maintenance 101-3005-60184 324.80 OCHOA JR, JESUS 216646 CITY BDAY DESSERT REMAINING BALAN… Community Experiences 101-3003-60149 2,177.28 PACIFIC PLAY SYSTEMS, INC. 216648 PARK REPLACEMENT PARTS Materials/Supplies 101-3005-60431 233.00 PARTY PALS 216650 ATTRACTIONS EASTER EGGS HUNT Community Experiences 101-3003-60149 5,495.00 PARTY PALS 216650 ATTRACTIONS CITY BIRTHDAY Community Experiences 101-3003-60149 9,045.00 POWERS AWARDS INC 216652 JIYA COMMUNITY AWARD Community Experiences 101-3003-60149 92.68 PROPER SOLUTIONS INC 216653 04/04/25 - TEMP AGENCY SERVICES G.R… Temporary Agency Services 101-1004-60125 1,365.44 RIVERSIDE COUNTY SHERIFF … 216654 02/25-03/24/25 - MOTOR FUEL CHARGES Sheriff - Other 101-2001-60176 722.28 SILVERROCK RESORT 216657 01/01-03/31/25 - USE TAXES Sales Taxes Payable 101-0000-20304 178.00 SMITH PIPE & SUPPLY CO 216658 IRRIGATION PARTS Materials/Supplies 101-3005-60431 223.24 SMITH PIPE & SUPPLY CO 216658 IRRIGATION PARTS Materials/Supplies 101-3005-60431 340.58 SMITH PIPE & SUPPLY CO 216658 IRRIGATION PARTS Materials/Supplies 101-3005-60431 452.94 SOUTH COAST AIR QUALITY … 216659 WC GENERATOR PERMIT FEE G42712 Annual Permits/Inspections 101-3008-60196 541.04 SOUTH COAST AIR QUALITY … 216659 07/2024-06/2025 - WC GENERATOR EM… Annual Permits/Inspections 101-3008-60196 165.96 THE LOCK SHOP, INC 216661 PW DOOR LEVER Materials/Supplies 101-3008-60431 231.66 THE TOKENS 216662 05/07/25 - MUSICAL PERFORMANCE Community Experiences 101-3003-60149 2,205.02 T-MOBILE 216663 1/01-3/26/25 POLICE GPS/TIMING ADV… Special Enforcement Funds 101-2001-60175 165.00 UNITED WAY OF THE DESERT 216664 CONTRIBUTION United Way Deductions 101-0000-20981 108.00 USA DRAIN AND PLUMBING… 216665 LQ PARK RESTROOM TOILET REPAIR Maintenance/Services 101-3008-60691 525.00 Fund 101 - GENERAL FUND Total: 183,677.21
Fund: 201 - GAS TAX FUND
BMO FINANCIAL GROUP 216614 CONCRETE Materials/Supplies 201-7003-60431 459.87 BMO FINANCIAL GROUP 216614 COFFEE SUPPLIES Materials/Supplies 201-7003-60431 46.73 BMO FINANCIAL GROUP 216614 REFUND FOR PROPELLER GUARD Materials/Supplies 201-7003-60431 -1,757.39 BMO FINANCIAL GROUP 216614 REFUND FOR 2 YEAR PLAN DJI AIR 3S Materials/Supplies 201-7003-60431 -189.00 Fund 201 - GAS TAX FUND Total: -1,439.79
Fund: 202 - LIBRARY & MUSEUM FUND
COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water - Utilities 202-3006-61200 249.60 KONE INC 216639 04/01-06/30/25 - MUSEUM ELEVATOR … Maintenance/Services 202-3006-60691 710.19 MERCHANTS BUILDING MAI… 216643 03/2025 - JANITORIAL SERVICES Janitorial 202-3004-60115 3,264.32 MERCHANTS BUILDING MAI… 216643 03/2025 - JANITORIAL SERVICES Janitorial 202-3006-60115 989.54 Fund 202 - LIBRARY & MUSEUM FUND Total: 5,213.65
Fund: 210 - FEDERAL ASSISTANCE FUND
BOYS & GIRLS CLUB OF COA… 216620 FY24/25 CDBG FUNDING CDBG Public Service Grants 210-0000-60135 13,915.00 Fund 210 - FEDERAL ASSISTANCE FUND Total: 13,915.00
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount Fund: 215 - LIGHTING & LANDSCAPING FUND
COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water - Medians - Utilities 215-7004-61211 2,095.33 COACHELLA VALLEY WATER D… 216624 WATER SERVICE Water - Medians - Utilities 215-7004-61211 914.89 DESERT CONCEPTS CONSTR… 216629 04/10/25 - VILLAGE STREET PLANT REPL… Maintenance/Services 215-7004-60691 1,080.00 DESERT CONCEPTS CONSTR… 216629 04/07-04/09/25 - AVE 52 MEDIAN REST… Maintenance/Services 215-7004-60691 3,240.00 EWING IRRIGATION PRODUC… 216631 IRRIGATION PARTS Materials/Supplies 215-7004-60431 514.17 IMPERIAL IRRIGATION DIST 216636 ELECTRICITY SERVICE Electric - Utilities 215-7004-61116 125.00 IMPERIAL IRRIGATION DIST 216636 ELECTRICITY SERVICE Electric - Medians - Utilities 215-7004-61117 30.78 MACIAS NURSERY, INC. 216641 PLANTS Materials/Supplies 215-7004-60431 1,903.13 SMITH PIPE & SUPPLY CO 216658 IRRIGATION PARTS Materials/Supplies 215-7004-60431 405.22 W.D. YOUNG & SONS 216667 PALMS TREES FOR HWY 111 Materials/Supplies 215-7004-60431 1,950.00 W.D. YOUNG & SONS 216667 PALMS TREES HWY 111 CRANE SERVICE Maintenance/Services 215-7004-60691 1,000.00 Fund 215 - LIGHTING & LANDSCAPING FUND Total: 13,258.52 Fund: 221 - AB 939 - CALRECYCLE FUND
BMO FINANCIAL GROUP 216614 FUND. OF FOOD RECOVERY EVENT SB13… AB 939 Recycling Solutions 221-0000-60127 810.00 BMO FINANCIAL GROUP 216614 CRRA MEMBERSHIP BALANCE A - MOR… AB 939 Recycling Solutions 221-0000-60127 100.00 BMO FINANCIAL GROUP 216614 CRRA MEMBERSHIP DEPOSIT A-MORENO AB 939 Recycling Solutions 221-0000-60127 100.00 BMO FINANCIAL GROUP 216614 CRRA MEMBERSHIP DEPOSIT AB 939 Recycling Solutions 221-0000-60127 100.00 BMO FINANCIAL GROUP 216614 CRRA MEMBERSHIP R.CAMARENA AB 939 Recycling Solutions 221-0000-60127 100.00 BMO FINANCIAL GROUP 216614 FUND. OF FOOD RECOVERY SB1383 A.… AB 939 Recycling Solutions 221-0000-60127 810.00 BMO FINANCIAL GROUP 216614 FUND. OF FOOD RECOVERY SB1383 EVE… AB 939 Recycling Solutions 221-0000-60127 810.00 Fund 221 - AB 939 - CALRECYCLE FUND Total: 2,830.00
Fund: 241 - HOUSING AUTHORITY
BMO FINANCIAL GROUP 216614 RIVCO RECORDER Professional Services 241-9101-60103 28.64 CAHA, BECKY 216621 03/2025 - HOUSING CONSULTANT SERV… Professional Services 241-9101-60103 9,937.50 Fund 241 - HOUSING AUTHORITY Total: 9,966.14
Fund: 247 - ECONOMIC DEVELOPMENT FUND
BMO FINANCIAL GROUP 216614 MARKETING VIDEOS LUNCHEON Marketing & Tourism Promot… 247-0000-60461 179.21 Fund 247 - ECONOMIC DEVELOPMENT FUND Total: 179.21
Fund: 270 - ART IN PUBLIC PLACES FUND
BMO FINANCIAL GROUP 216614 LQAC APP PURCHASE Art Purchases 270-0000-74800 7,200.00 POWERS AWARDS INC 216652 SIGNAGE FOR APP Operating Supplies 270-0000-60482 108.29 Fund 270 - ART IN PUBLIC PLACES FUND Total: 7,308.29
Fund: 401 - CAPITAL IMPROVEMENT PROGRAMS
AMERICAN BUSINESS BANK 216611 03/2025 DUNE PALMS BRIDGE RETENTI… Retention Payable 401-0000-20600 124,780.63 ORTIZ ENTERPRISES INC. 216647 03/2025 - DUNE PALMS BRIDGE PROGR… Retention Payable 401-0000-20600 -124,780.63 ORTIZ ENTERPRISES INC. 216647 03/2025 - DUNE PALMS BRIDGE PROGR… Construction 401-0000-60188 2,495,612.75 PLANIT REPROGRAPHICS SYS… 216651 CITYWIDE MISC ADA IMPROVEMENTS B… Construction 401-0000-60188 17.28 ROMTEC INC. 216655 POOL BUILDING PURCHASE Construction 401-0000-60188 11,679.00 ROMTEC INC. 216655 POOL BUILDING PURCHASE TAXES Construction 401-0000-60188 1,750.00 ROMTEC INC. 216655 POOL BUILDING PURCHASE Construction 401-0000-60188 8,321.00 ROMTEC INC. 216655 RESTROOM PURCHASE TAXES Construction 401-0000-60188 4,021.59 ROMTEC INC. 216655 RESTROOM BUILDING PURCHASE Construction 401-0000-60188 34,644.43 ROMTEC INC. 216655 RESTROOM BUILDING PURCHASE Construction 401-0000-60188 11,316.62 ST. FRANCIS ELECTRIC, LLC 216660 03/2025 - ONCALL TRAFFIC SIGNAL MAI… Construction 401-0000-60188 536.00 Fund 401 - CAPITAL IMPROVEMENT PROGRAMS Total: 2,567,898.67 Fund: 501 - FACILITY & FLEET REPLACEMENT
WEX BANK 208 02/26-03/25/25 - FUEL Fuel & Oil 501-0000-60674 9,553.82 BMO FINANCIAL GROUP 216614 310 HL BACKHOE - NEW BATTERIES Vehicle Repair & Maintenan… 501-0000-60676 910.22 BMO FINANCIAL GROUP 216614 310HL BACKHOE - REPAIR DAMAGE Vehicle Repair & Maintenan… 501-0000-60676 1,364.59 BMW MOTORCYCLES OF RIV… 216619 MOTORCYCLE MAINTENANCE A1155 Motorcycle Repair & Mainte… 501-0000-60679 1,070.41 DANIEL'S TIRE SERVICE, INC. 216627 22 CHEVY SILVERADO VIN F182418 MAI… Vehicle Repair & Maintenan… 501-0000-60676 279.76 PARKHOUSE TIRE INC 216649 DUMP TRUCK TIRE REPAIR Vehicle Repair & Maintenan… 501-0000-60676 513.77 S&D CARWASH MANAGEME… 216656 03/2025 - CAR WASH MEMBERSHIP Vehicle Repair & Maintenan… 501-0000-60676 779.61 Fund 501 - FACILITY & FLEET REPLACEMENT Total: 14,472.18 Fund: 502 - INFORMATION TECHNOLOGY
ANDERSON COMMUNICATI… 216612 04/2025 - STREETS RADIO RENTALS Cell/Mobile Phones 502-0000-61301 136.00 BMO FINANCIAL GROUP 216614 04/2025 - EMAIL PROTECTION SOFTWA… Software Licenses 502-0000-60301 499.00 292 CLICK HERE to Return to Agenda
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Vendor Name Payment Number Description (Item) Account Name Account Number Amount BMO FINANCIAL GROUP 216614 03/28 - 04/28/25 MOBILE SVC MGNT Software Licenses 502-0000-60301 324.00 BMO FINANCIAL GROUP 216614 EMAIL SUBSCRIPTION SPARK PREMIUM Software Licenses 502-0000-60301 59.99 BMO FINANCIAL GROUP 216614 REGISTER PLAYINLAQUINTA DOMAIN Software Licenses 502-0000-60301 108.00 BMO FINANCIAL GROUP 216614 GODADDY DOMAIN 5YR RENEWAL Software Licenses 502-0000-60301 499.95 BMO FINANCIAL GROUP 216614 REGISTER PLAYINLAQUINTA DOMAIN Software Licenses 502-0000-60301 10.00 BMO FINANCIAL GROUP 216614 PLAYINLAQUINTA DOMAIN RENEWAL Software Licenses 502-0000-60301 77.16 BMO FINANCIAL GROUP 216614 IT STOCK SUPPLIES Operating Supplies 502-0000-60420 34.79 BMO FINANCIAL GROUP 216614 02/2025 HULU SERVICES Cable/Internet - Utilities 502-0000-61400 87.99 BMO FINANCIAL GROUP 216614 03/2025 HULU SERVICE Cable/Internet - Utilities 502-0000-61400 87.99 BMO FINANCIAL GROUP 216614 OPERATING SUPPLIES Operating Supplies 502-0000-60420 108.74 BMO FINANCIAL GROUP 216614 LAPTOPS FOR IT STOCK Computers 502-0000-80103 3,042.37 CARAHSOFT TECHNOLOGY C… 216622 7/1/25-3/31/26 ASSET MANAGEMENT … Prepaid Expense 502-0000-13600 5,714.55 CARAHSOFT TECHNOLOGY C… 216622 4/1/-6/30/25 - ASSET MANAGEMENT I… Software Implementation/E… 502-0000-71049 1,904.87 FRONTIER COMMUNICATIO… 216634 03/25-04/24/25 - CH INTERNET Cable/Internet - Utilities 502-0000-61400 132.13 FRONTIER COMMUNICATIO… 216634 03/27-04/26/25 - BLACKHAWK/LQ PARK… Cable/Internet - Utilities 502-0000-61400 130.62 VISUAL EDGE IT, INC. 216666 03/2025 - IT SERVICES Consultants 502-0000-60104 33,178.00 VISUAL EDGE IT, INC. 216666 03/2025 - CONTINGENCY Consultants 502-0000-60104 8,914.92 Fund 502 - INFORMATION TECHNOLOGY Total: 55,051.07
Fund: 504 - INSURANCE FUND
BMO FINANCIAL GROUP 216614 SEAT CUSHION FOR OFFICE CHAIR Operating Supplies 504-1010-60420 65.24 BMO FINANCIAL GROUP 216614 FIRST AID SUPPLIES FOR MOBILE/FLEET Operating Supplies 504-1010-60420 182.58 Fund 504 - INSURANCE FUND Total: 247.82
Fund: 601 - SILVERROCK RESORT
GARDAWORLD 216635 03/2025 - SRR ARMORED SVCS TIER PRIC… Bank Fees 601-0000-60455 242.13 Fund 601 - SILVERROCK RESORT Total: 242.13
Grand Total: 2,872,820.10
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Fund Summary
Fund Expense Amount
101 - GENERAL FUND 183,677.21
201 - GAS TAX FUND -1,439.79
202 - LIBRARY & MUSEUM FUND 5,213.65
210 - FEDERAL ASSISTANCE FUND 13,915.00
215 - LIGHTING & LANDSCAPING FUND 13,258.52
221 - AB 939 - CALRECYCLE FUND 2,830.00
241 - HOUSING AUTHORITY 9,966.14
247 - ECONOMIC DEVELOPMENT FUND 179.21
270 - ART IN PUBLIC PLACES FUND 7,308.29
401 - CAPITAL IMPROVEMENT PROGRAMS 2,567,898.67
501 - FACILITY & FLEET REPLACEMENT 14,472.18
502 - INFORMATION TECHNOLOGY 55,051.07
504 - INSURANCE FUND 247.82
601 - SILVERROCK RESORT 242.13
Grand Total: 2,872,820.10
Account Summary
Account Number Account Name Expense Amount
101-0000-20304 Sales Taxes Payable 178.00
101-0000-20981 United Way Deductions 108.00
101-0000-20985 Garnishments Payable 224.39
101-1001-60320 Travel & Training 2,036.92
101-1002-60351 Membership Dues 455.00
101-1002-60400 Office Supplies 79.51
101-1004-50252 Annual Wellness Dollar … 275.00
101-1004-60103 Professional Services 162.50
101-1004-60125 Temporary Agency Servi… 1,365.44
101-1004-60129 Recruiting/Pre-Employm… 287.13
101-1004-60320 Travel & Training 398.31
101-1004-60340 Employee Recognition E… 3,142.00
101-1004-60420 Operating Supplies 217.00
101-1005-60400 Office Supplies 193.66
101-1006-60102 Administration 5.00
101-1006-60320 Travel & Training 666.38
101-1006-60351 Membership Dues 150.00
101-1006-60400 Office Supplies 414.00
101-1007-60403 Citywide Supplies 250.98
101-1007-60470 Postage 15.71
101-2001-60109 LQ Police Volunteers 59.88
101-2001-60168 School Officer 8,956.34
101-2001-60175 Special Enforcement Fu… 165.00
101-2001-60176 Sheriff - Other 907.28
101-2001-60320 Travel & Training 1,060.23
101-2001-61400 Cable/Internet - Utilities 535.68
101-2002-60139 Fire Service Costs 11,250.00
101-2002-60400 Office Supplies 92.10
101-2002-60406 Disaster Prep Supplies 1,219.21
101-2002-60670 Fire Station 538.72
101-2002-60691 Maintenance/Services 143.08
101-2002-61200 Water - Utilities 666.63
101-3002-60420 Operating Supplies 900.69
101-3003-60149 Community Experiences 24,170.64
101-3003-60420 Operating Supplies 217.99
101-3005-60184 Fritz Burns Pool Mainten… 919.06
101-3005-60320 Travel & Training 110.40
101-3005-60351 Membership Dues 150.00
101-3005-60431 Materials/Supplies 3,578.61
101-3005-60691 Maintenance/Services 2,080.00
101-3005-61201 Water -Monticello Park -… 1,320.52
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Account Summary
Account Number Account Name Expense Amount
101-3005-61204 Water -Fritz Burns Park -… 302.76
101-3005-61208 Water -Seasons Park - Ut… 28.68
101-3005-61209 Water -Community Park … 1,774.92
101-3005-61300 Telephone - Utilities 70.62
101-3007-60351 Membership Dues 532.95
101-3007-60410 Printing 243.06
101-3007-60420 Operating Supplies 134.47
101-3007-60461 Marketing & Tourism Pr… 81,744.21
101-3008-60115 Janitorial 15,833.98
101-3008-60196 Annual Permits/Inspecti… 707.00
101-3008-60320 Travel & Training 50.00
101-3008-60431 Materials/Supplies 462.11
101-3008-60667 HVAC 1,921.45
101-3008-60691 Maintenance/Services 1,235.19
101-3008-61100 Gas - Utilities 28.26
101-3008-61200 Water - Utilities 97.84
101-6001-60400 Office Supplies 40.72
101-6002-60320 Travel & Training 920.00
101-6003-60320 Travel & Training 51.50
101-6004-60111 Administrative Citation … 818.57
101-6004-60400 Office Supplies 40.21
101-6004-60425 Supplies - Field 76.51
101-6006-60420 Operating Supplies 177.24
101-7001-60320 Travel & Training 99.74
101-7001-60420 Operating Supplies 332.36
101-7002-60104 Consultants 3,500.00
101-7003-60320 Travel & Training 581.17
101-7003-60432 Tools/Equipment 1,805.73
101-7006-60146 PM 10 - Dust Control 43.90
101-7006-60320 Travel & Training 355.07
201-7003-60431 Materials/Supplies -1,439.79
202-3004-60115 Janitorial 3,264.32
202-3006-60115 Janitorial 989.54
202-3006-60691 Maintenance/Services 710.19
202-3006-61200 Water - Utilities 249.60
210-0000-60135 CDBG Public Service Gra… 13,915.00
215-7004-60431 Materials/Supplies 4,772.52
215-7004-60691 Maintenance/Services 5,320.00
215-7004-61116 Electric - Utilities 125.00
215-7004-61117 Electric - Medians - Utilit… 30.78
215-7004-61211 Water - Medians - Utiliti… 3,010.22
221-0000-60127 AB 939 Recycling Solutio… 2,830.00
241-9101-60103 Professional Services 9,966.14
247-0000-60461 Marketing & Tourism Pr… 179.21
270-0000-60482 Operating Supplies 108.29
270-0000-74800 Art Purchases 7,200.00
401-0000-20600 Retention Payable 0.00
401-0000-60188 Construction 2,567,898.67
501-0000-60674 Fuel & Oil 9,553.82
501-0000-60676 Vehicle Repair & Maint… 3,847.95
501-0000-60679 Motorcycle Repair & Ma… 1,070.41
502-0000-13600 Prepaid Expense 5,714.55
502-0000-60104 Consultants 42,092.92
502-0000-60301 Software Licenses 1,578.10
502-0000-60420 Operating Supplies 143.53
502-0000-61301 Cell/Mobile Phones 136.00
502-0000-61400 Cable/Internet - Utilities 438.73
502-0000-71049 Software Implementatio… 1,904.87
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Demand Register Packet: APPKT04141 - 04/18/25 DR
4/24/2025 2:29:37 PM Page 8 of 8
Account Summary
Account Number Account Name Expense Amount
502-0000-80103 Computers 3,042.37
504-1010-60420 Operating Supplies 247.82
601-0000-60455 Bank Fees 242.13
Grand Total: 2,872,820.10
Project Account Summary
Project Account Key Project Account Name Project Name Expense Amount **None** **None** **None** 267,561.51
111205CT Construction Expense Dune Palms Bridge Imp/BRLKS-5433(014)2,495,612.75 111205RP Retention Payable Dune Palms Bridge Imp/BRLKS-5433(014) 0.00 201804E Landscape & Lighting Median Islan… Landscape & Lighting Median Island Improvements 6,225.46 202102CT Construction Expense Fritz Burns Park Improvements 71,732.64 202328E Citywide Landscape Maintenance … Citywide Landscape Maintenance Srvcs (L&L AD 89-1) 4,320.00 202330E Park Landscape Maintenance Servi… Park Landscape Maintenance Services 2,643.82 202405CT Construction Expense Citywide Miscellaneous ADA Improvements 17.28 2425TMICT Construction Expense FY24/25 Traffic Maintenance Improvements 536.00 BDAYE City Picnic & Birthday Celebration … City Picnic & Birthday Celebration 11,222.28 CONCERTE Concert Expense Master Account for all SRR Concert Series 4,054.30 EGGE La Quinta Egg Hunt Expense La Quinta Egg Hunt 7,495.00 KITEE Fly Over La Quinta Expense Fly Over LQ: A Kite Experience 1,306.38 PILQE Pillars of the Community Expense Pillars of the Community 92.68 Grand Total: 2,872,820.10
*Project codes are generally used to track Capital Improvement Program (CIP) projects, other large public works projects, developer deposits, or city-wide events. Normal operational expenditures are not project coded and, therefore, will report as "none" in this section.
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City of La Quinta
Bank Transactions 04/07/2025-04/18/2025
Wire Transaction
Listed below are the wire transfers from 04/07/2025-04/18/2025.
Wire Transfers:
04/07/2025 - WIRE TRANSFER - SILVERROCK PHASE 1 LLC(1) $611,760.41 04/09/2025 - WIRE TRANSFER - CALPERS $159,773.04
04/11/2025 - WIRE TRANSFER - CALPERS $250.20
04/11/2025 - WIRE TRANSFER - CALPERS $7,543.47
04/11/2025 - WIRE TRANSFER - CALPERS $15,395.41
04/11/2025 - WIRE TRANSFER - CALPERS $36,158.61
04/11/2025 - WIRE TRANSFER - LQCEA $583.00
04/11/2025 - WIRE TRANSFER - MISSION SQUARE $4,105.00
04/11/2025 - WIRE TRANSFER - MISSION SQUARE $15,711.26
04/14/2025 - WIRE TRANSFER - MIDAMERICA $20,650.74
04/15/2025 - WIRE TRANSFER - STERLING $1,426.45
04/16/2025 - WIRE TRANSFER - AMERITAS $48.40
04/16/2025 - WIRE TRANSFER - AMERITAS $691.98
04/16/2025 - WIRE TRANSFER - AMERITAS $8,066.08
04/16/2025 - WIRE TRANSFER - STANDARD OF OREGON $1,841.56 04/17/2025 - WIRE TRANSFER - LINCOLN NATIONAL $6,353.60 04/18/2025 - WIRE TRANSFER - LANDMARK $232,851.82
TOTAL WIRE TRANSFERS OUT $1,123,211.03
(1)These funds represent a loan under the Debtor-in-Possession (DIP) financing. This disbursement does not reflect the City financing of construction or development at SilverRock.
ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES FOR FISCAL YEARS 2025/26 AND 2026/27
RECOMMENDATION
Approve Agreement with the County of Riverside to provide Law Enforcement Services for fiscal years 2025/26 and 2026/27; and authorize the Mayor to execute the agreement.
EXECUTIVE SUMMARY
The City contracts with Riverside County Sheriff’s Department (RCSD) for law enforcement services; the current two-year agreement expires on June 30, 2025. Riverside County Sheriff’s Department (RCSD) continues to provide effective police services by preserving the safety of the City.
Proposed is a new two-year service agreement (Agreement), from July 1, 2025, to June 30, 2027 (Attachment 1); there are no changes to the agreement terms.
FISCAL IMPACT
Based on a projected 9.5% rate increase the estimated Agreement amount for fiscal year (FY) 2025/26 is $21,870,000. This includes staffing, facilities fee, equipment and vehicles, for law enforcement staff, except for equipment and uniforms for motor officers dedicated (assigned) to the City. The rate for FY 2025/26 will be presented by the Sheriff’s Department in April 2026.
BACKGROUND/ANALYSIS
The City has partnered with RCSD to strength the community’s safety, improve communication, and enhance operation efficiencies through the adoption of technology enhancements. In the last five years, some of the strategic improvements made include the installation of the Public Safety Camera System in 2021, and the Automated License Reader System approved in 2023. Additionally, 3 traffic deputies have been converted to motor officers to increase traffic enforcement efforts. As shown in the table below, crime rates have steadily declined since 2022, which shows the effectiveness of law enforcement in the community.
BUSINESS SESSION ITEM NO. 1
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RCSD recommends maintaining the same service levels. Therefore, there are no changes to staffing or services under this new agreement.
This proposed Agreement would be effective from July 1, 2025, through June 30, 2027. The following contract service levels are included:
130 fully supported hours per day (equivalent to approximately 25 Deputy Sheriff positions at 1,884 annual productive hours per position).
Dedicated Positions are as follows:
One (1) Lieutenant
Two (2) Sergeants
Five (5) Deputy Sheriffs classified as the Special Enforcement Team (SET) – Target Team Four (4) Motor Officers
One (1) Traffic Officers
One (1) Deputy Sheriff (unsupported) position – Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position – Coachella Valley Narcotics Task Force Six (6) Community Service Officers II
ALTERNATIVE
Given that the existing agreement expires June 30, 2025, and law enforcement services are necessary, staff does not recommend an alternative.
Prepared by: Lisa Chastain, Public Safety Management Analyst Approved by: Martha Mendez, Public Safety Deputy Director Attachment: 1. Agreement for Law Enforcement Services
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AGREEMENT FOR LAW ENFORCEMENT SERVICES
BETWEEN THE CITY OF LA QUINTA
AND THE COUNTY OF RIVERSIDE
THIS AGREEMENT FOR LAW ENFORCEMENT SERVICES (“Agreement”) is made and entered into by and between the CITY OF LA QUINTA, a California Charter City, hereinafter “City,” and the COUNTY OF RIVERSIDE, a political subdivision of the State of California, on behalf of the Riverside County Sheriff’s Office, hereinafter “County”, sometimes collectively referred to herein as the “parties” and individually as a “party”.
IT IS THEREFORE AGREED AS FOLLOWS:
1. TERM
1.1 Effective Dates. This Agreement shall be effective from July 1, 2025 through June 30, 2027.
1.2 Renewal. In the event City desires to terminate this Agreement at the end of any current two (2) year period, the City Council, not later than twelve (12) months preceding the expiration date of the current term of this Agreement, shall notify the Sheriff and the Board of Supervisors that it wishes to terminate the same.
1.3 Termination. Notwithstanding the provisions of Paragraphs 1.1 and 1.2 herein, either party may terminate this Agreement upon notice in writing to the other party of not less than twelve (12) months prior to the effective termination date.
2. SCOPE OF SERVICE
2.1 Services. The County agrees, through Sheriff thereof, to provide municipal police protection within the corporate limits of City to the extent and in the manner hereinafter set forth. It is understood that the Sheriff’s Office shall be the sole provider of general and specialized law enforcement services within the corporate limits of City. City shall not hire any other persons or company to provide general and specialized law enforcement services within the corporate limits of City. However, City is not precluded by any language in this section from hiring an unarmed code enforcement unit. The Sheriff’s services shall encompass duties and functions of the type falling under the jurisdiction of and customarily rendered by a police department of the City under State statutes.
Such services shall include the enforcement of State Criminal Codes and all pertinent City criminal codes and ordinances. Services shall also include traffic enforcement and related services to the extent possible given the size of the force provided for in this Agreement. County agrees to provide all investigative support necessary to complete criminal investigations conducted hereunder. However, all investigator overtime will be charged to City at the Board of Supervisors approved hourly overtime rate.
ATTACHMENT 1
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2.2 California Identification System (CAL-ID) and Records Management System (RMS).
City agrees as a condition of receiving services hereunder to participate in CAL-ID and RMS under the terms and conditions set forth in this Section and to pay for these services under separate billings.
2.2A Definitions. For purposes of this Agreement the following are some of the more common definitions which shall apply, but shall not be limited by this reference:
a) Records Management System (RMS) Functions shall mean the software functions provided to City by County, which are supplied by the RMS. These functions shall include inquiry and case entry into the RMS, access to the Master Name Index, Warrant and Master Location Index and Jail Locator databases.
b) The California Law Enforcement Telecommunications System Access (CLETS) shall mean that access to the Department of Justice computers provided by County to City.
c) Work Station shall mean those County devices and software, which are used by City to access RMS functions and the CLETS.
d) LAWNET shall mean the County’s law enforcement telecommunications network consisting of County provided data circuits, digital service units, routers, hubs and other County provided hardware and software that is used by City to connect work stations to RMS services as defined below.
e) County Services shall mean the collective hardware and software, work LAWNET, stations, RMS functions and CLETS.
2.2B Scope of RMS Services. County agrees to provide to City full access to the RMS and CLETS systems. CLETS access will be provided within the scope of CLETS access rules and regulations as established by the California State Department of Justice.
2.2C Provision of RMS Supervision, Labor and Equipment. Supervision over the provision of County Services, the standards of performance and other matters incident to the performance of such services, shall remain with County. Security of the host system and control of LAWNET shall remain with County. The County shall furnish all labor and equipment for the host system necessary to maintain the level of service rendered hereunder. In the event City chooses to provide PC-based equipment for services defined herein, the equipment must be configured in accordance with County specifications. Further, City shall not alter the configuration of any PCbased equipment used to provide services herein without the permission of Sheriff's Information Technology Officer.
2.2D Establishment of RMS Rates and Payment of Costs. Establishment of RMS rates and payments for provided services shall be as specified in Sections 7.2 and 7.4 of this Agreement. 302 CLICK HERE to Return to Agenda
3. LEVEL OF SERVICE
3.1 Level of Service Specified. County shall provide all enforcement services at the level specified in Attachment A, attached hereto and incorporated herein by this reference.
3.2 Variation in Level of Service. Variations in the level of service shall be made by amendment, as provided for in Section 11 of this Agreement, and under the following terms:
If City requests an increase in the level of service to be provided under this Agreement, County agrees to provide such increased level of service as soon as is practicable, consistent with the ability of the Sheriff to hire and train recruits.
If City elects to reduce the level of service provided herein by ten percent (10%) or greater, City must give notice in writing to County not less than twelve (12) calendar months prior to the effective date of such reduction. If City elects to reduce the level of service provided herein by less than ten percent (10%), County agrees to reduce the level of service accordingly as soon as it is practicable. The level of service, however, may not be reduced to below the minimum level, as determined by County, required to ensure public and officer safety.
4. CHIEF OF POLICE
The Sheriff will, to the extent practical, coordinate appointment of a Police Chief with City and consult with City on final selection for the position.
5. PROVISION OF SUPERVISION, LABOR, AND EQUIPMENT
5.1 Supervision. Supervision over the rendition of law enforcement services, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain with County. The Sheriff or a designated representative will meet and confer with the City Manager or a designated representative on questions related to the provision of services.
5.2 Labor and Equipment. For the purpose of performing said services, County shall furnish and supply all labor, supervision, equipment, communication services, and supplies necessary to maintain the level of service to be rendered hereunder. Location of the above will not necessarily be within City limits. Notwithstanding anything herein contained, it is agreed that in all instances where specific equipment used solely to support specialized enforcement activities within the City not normally provided by the Sheriff is to be used, or where special supplies, stationery, notices, forms, and the like related to law enforcement are to be issued in the name of City, such equipment and materials shall be supplied by City at its own cost and expense. Any such special equipment or materials so purchased by City shall meet with the Sheriff's specifications shall remain within the City limits, and ownership title thereto shall remain with City.
However, under no circumstances shall City purchase or otherwise provide general patrol vehicles for services provided pursuant to this Agreement without permission of Sheriff. The County shall provide all marked general Patrol vehicles to City and shall charge City for their use on a per mile basis.
5.3 City-Owned Motorcycles and Specialized Support Vehicles. In the event City chooses to provide motorcycles or specialized support vehicles for use in providing services hereunder, the 303 CLICK HERE to Return to Agenda
motorcycles or specialized support vehicles shall meet minimum specifications furnished by County, shall be adequately equipped and ready for use, and shall be registered in the name of City. It is further understood that City is providing motorcycles or specialized support vehicles to Sheriff expressly for law enforcement services and shall only be operated by Sheriff’s personnel, or persons authorized by the Sheriff.
City shall bear the cost of maintenance, fuel, licensing, and any and all expenses associated with use of the motorcycles and specialized support vehicles for the provision of services hereunder, which is inclusive of responsibility for any and all cost for physical damage to the City-owned motorcycles or specialized support vehicles. However, County shall be responsible for the cost of all third party liability caused by the operation of the City-owned motorcycles or specialized support vehicles, including the property damage caused by the negligence or wrongful acts of County officers and employees while operating City-owned motorcycles and specialized support vehicles. Motorcycles and specialized support vehicles shall be used only for city-approved functions.
5.4 Vehicle Insurance. City shall maintain insurance for any physical damage to the Cityowned vehicles in an amount equal to the replacement value of all vehicles provided to the County under this Agreement. Policy shall, by endorsement, name the County of Riverside, its Departments, Districts, Agencies and Special Districts, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents, or representatives as Additional Insureds. Such insurance may be provided through a program of self-insurance.
General Insurance Provisions - All lines:
a. Any insurance carrier providing insurance coverage hereunder shall be admitted to the State of California and have an A.M. BEST rating of not less than an A: VIII (A: 8) unless such requirements are waived, in writing, by the County Risk Manager. If the County's Risk Manager waives a requirement for a particular insurer such waiver is only valid for that specific insurer and only for one policy term.
b. The City shall cause their insurance carrier(s) to furnish the County of Riverside with 1) a properly executed original Certificate(s) of Insurance and certified original copies of Endorsements effecting coverage as required herein; or, 2) if requested to do so orally or in writing by the County Risk Manager, provide original certified copies of policies including all Endorsements and all attachments thereto, showing such insurance is in full force and effect. Further, said Certificate(s) and policies of insurance shall contain the covenant of the insurance carrier(s) that shall provide no less than thirty (30) days written notice be given to the County of Riverside prior to any material modification or cancellation of such insurance. In the event of a material modification or cancellation of coverage, this Agreement shall terminate forthwith, unless the County of Riverside receives, prior to such effective date, another properly executed original Certificate of Insurance and original copies of endorsements or certified original policies, including all endorsements and attachments thereto evidencing coverages and the insurance required herein are in full force and effect. Individual(s) authorized by the insurance carrier to do so on its behalf shall sign the original endorsements for each policy and the Certificate of Insurance. If County is utilizing City-owned vehicles, operations shall not commence until the County of Riverside has been furnished original Certificate (s) of Insurance and certified original copies of endorsements or policies of insurance including all endorsements and any and all other attachments as required in this Section.
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c. It is understood and agreed by the parties hereto and the City's insurance company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall be construed as primary insurance, and the County's insurance and/or deductibles and/or self-insured retentions or self-insured programs shall not be construed as contributory.
6. EMPLOYMENT STATUS OF PERSONNEL
6.1 Employment Status. Any persons employed by County for the performance of services and functions pursuant to this Agreement shall remain employees of County on special assignment to City for the purposes of this Agreement, and shall not be considered employees of City. No such County employee shall have any entitlement to compensation, workers’ compensation coverage, pension, or civil service benefits from City.
6.2 Labor Shortage. In the event of a work slow-down, strike, or any other form of job action by those individuals assigned to City, County agrees to provide only that level of service which may be available through mutual aid, pursuant to Government Code Section 8615, et seq. City shall be billed only for the actual hours of service received.
7. COMPENSATION
7.1 Payment Basis. City shall reimburse County the cost of rendering services hereunder at rates established by the County Board of Supervisors, which rates shall include all items of cost and expense to the Sheriff for providing the services hereunder. Such cost of services shall be established by the County Board of Supervisors in the form of hourly rates for Sheriff’s Office personnel, vehicle mileage rates, facility use rates, RMS transaction fees and CAL-ID fees. "Cost" as used herein shall not include items of expense attributable to services normally provided or available to all territory within the County as part of County's obligation to enforce State law. In addition to any other fees or costs set forth herein, County may impose on City, and City shall pay upon receipt of an invoice from County, a criminal justice administrative fee consistent with Government Code Section 29550 with respect to arrests made by County employees pursuant to this Agreement just as if such arrests had been made by City employees. Pursuant to Government Code Section 51350, County shall not charge City for services it would provide to any city in the County free of charge. These services, which are provided at the discretion of County, could typically include the services of the Sheriff's Special Investigations Bureau, Emergency Services Team and Aviation Unit.
7.2 Establishment of Costs. The rates to be charged City shall be adjusted periodically, but not more than once each fiscal year, to reflect any changes in the cost to County for providing services hereunder. City shall be notified of any change in the rates to be charged City prior to submittal of the proposed change to the County Board of Supervisors for adoption, and City shall be given the opportunity to review the proposed change with County personnel. City shall, thereafter, be notified of adoption by County of the rates to be charged City, and said new rates shall take effect on the same date as County incurs the associated costs. Should City, subsequent to a rate adjustment, choose not to appropriate or expend any additional monies needed to support the level of service theretofore supplied, County reserves the right to reduce the level of service in accordance with the amount City is willing to expend.
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7.3 Facility Rate Charges. City shall reimburse County for the costs incurred by the Sheriff’s Office at County-owned or leased facilities. Costs are prorated according to the facility’s square footage occupied by a Sheriff’s Office Bureau or Unit.
7.3A Calculation of Facility Rates. The total of the facility’s cost components is divided by the appropriate variable number of positions (number of station funded, sworn department funded or total Department funded employees depending on the facility in question and the Department population served). This cost per funded position is then applied to the number of positions chargeable to the contract city to arrive at each contract city’s share of the facility cost.
The County agrees that Facility Rate Station charges to City will not be increased due to the Sheriff’s decision to move Contract or unincorporated County Patrol positions from the Station.
7.4 Payment of Costs. County, through the Sheriff’s Office, shall provide to City within thirty (30) days of the conclusion of each billing period, an itemized statement of the costs for services being charged for said billing period. Billing statements for RMS services will be provided quarterly for services being charged for said quarter. City shall remit payment to the invoicing department within thirty (30) days after receipt of such statements. If such payment is not received by the County within thirty (30) days after presentation of billing, County may satisfy such indebtedness from any funds of the City on deposit with County as provided by law pursuant to Government Code Section 907.
7.5 Field Training Costs. Should City elect to add additional Deputy Sheriff positions to the level of service described herein, there will be an associated field training cost for each additional position. City will be billed, on a separate invoice, up to a maximum of sixteen (16) weeks of training on a one-time basis for each additional Deputy position. Said cost will be charged at the Unsupported Deputy hourly rate as approved by the County Board of Supervisors. Billing will be provided for field training costs in conjunction with the rate adjustment billing. Field training costs will not apply to supervisory or classified positions added to the level of service.
7.6 Miscellaneous Costs. There are a number of other service costs that City shall be responsible for paying as they are incurred. These costs are not included as the support or service and materials cost components in the fully supported Deputy hourly rate, nor any other such rates established by the County Board of Supervisors. These service costs may include, but are not limited to, charges from vendors for: crime scene clean-up, blood draws, rape exams, polygraph exams, specialized printing jobs exclusive to City and training for personnel requested by City for specialized law enforcement.
8. INDEMNIFICATION AND HOLD HARMLESS
8.1 Indemnification by City. City shall indemnify and hold harmless the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of City, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. City shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the County, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, Board of Supervisors, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by 306 CLICK HERE to Return to Agenda
City, City shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of County; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes City's indemnification of County. City's obligations hereunder shall be satisfied when City has provided to County the appropriate form of dismissal (or similar document) relieving the County from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe City's obligations to indemnify and hold harmless the County.
8.2 Indemnification by County. County shall indemnify and hold harmless the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives from any liability, claim, damage or action whatsoever, based or asserted upon any act or omission of County, its officers, employees, contractors, agents or representatives arising out of or in any way relating to this Agreement, including but not limited to property damage, bodily injury, or death. County shall defend, at its sole cost and expense, including but not limited to attorney fees, cost of investigation, defense and settlements or awards, the City, its Agencies, Districts, Special Districts and Departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives in any such action or claim. With respect to any action or claim subject to indemnification herein by County, County shall, at its sole cost, have the right to use counsel of its own choice and shall have the right to adjust, settle, or compromise any such action or claim without the prior consent of City; provided, however, that any such adjustment, settlement or compromise in no manner whatsoever limits or circumscribes County's indemnification of City. County's obligations hereunder shall be satisfied when County has provided to City the appropriate form of dismissal (or similar document) relieving the City from any liability for the action or claim involved. Any insurance coverage shall in no way limit or circumscribe County's obligations to indemnify and hold harmless the City.
9. ADMINISTRATION
The City Manager of City shall administer this Agreement on behalf of City, and the Sheriff shall administer this Agreement on behalf of County.
10. RECORDS
County shall maintain adequate records to discharge its responsibilities under this Agreement, and shall permit inspection of County’s appropriate records that relate to City services under this Agreement, as allowed by law. County shall provide City access to appropriate records pertaining to City services for approval, funding or auditing services, upon reasonable notice. County shall maintain such records for periods of time as provided by law or records retention schedules duly adopted by the appropriate legislative body. Covenants under this Section shall survive the termination of this Agreement.
11. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement which is formally approved and executed by both parties.
No waiver of any term or condition of this Agreement by either party shall be a continuing waiver thereof.
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12. NOTICES
Any notices required or desired to be served by either party upon the other shall be addressed to the respective parties as set forth below:
County City
Chad Bianco, Sheriff City of La Quinta
Riverside County Sheriff’s Office 78-495 Calle Tampico
Post Office Box 512 La Quinta, California 92253
Riverside, California 92502 Attn: City Manager
or to such other addresses as from time to time may be designated by the respective parties. An information copy of any notice to County shall also be sent to:
Clerk of the Board of Supervisors
County of Riverside
4080 Lemon Street, 1st Floor
Riverside, California 92501
Notice shall be deemed given when in writing and delivered personally or mailed with confirming delivery receipt addressed as set out above.
13. SEVERABILITY
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.
14. STANDARD OF CARE
In performing the police services required by this Agreement, County agrees to use that degree of care and skill ordinarily exercised under similar circumstances by law enforcement officers in performance of the duties required by this Agreement. All Sheriff’s personnel who provide general and specialized law enforcement services to City pursuant to this Agreement shall have met the minimum qualifications designated for their specific classification, including a background investigation.
15. JURISDICTION AND VENUE
This Agreement shall be construed under the laws of the State of California. In the event any action or proceeding is filed to interpret, enforce, challenge, or invalidate any term of this Agreement, venue shall lie only in the state or federal courts in or nearest to Riverside County.
16. ENTIRE AGREEMENT
This Agreement is intended by the parties hereto as a final expression of their understanding with respect to the subject matter hereof and as a complete and exclusive statement of the terms and conditions 308 CLICK HERE to Return to Agenda
thereof and supersedes any and all prior and contemporaneous agreements and understandings, oral or written, in connection therewith.
17. ELECTRONIC/DIGITAL SIGNATURES
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signatures, such as digital signatures that meet the requirements of the California Uniform Electronic Transactions Act ((“CUETA”) Cal. Civ. Code §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the parties. For purposes of this section, a digital signature is a type of "electronic signature" as defined in subdivision (i) of Section 1633.2 of the Civil Code. [Signatures on Following Page]
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IN WITNESS WHEREOF, the City of La Quinta, by minute order or resolution duly adopted by its City Council, has caused this Agreement to be signed by its Mayor and attested and sealed by its Clerk, and the County of Riverside, by order of its Board of Supervisors, has caused this Agreement to be subscribed by the Chair of said Board and sealed and attested by the Clerk of said Board, all on the dates indicated below.
CITY OF LA QUINTA
Dated:___________________ By:
Linda Evans, Mayor
ATTEST:
Name:
Title:
By:
COUNTY OF RIVERSIDE
Dated: By:
V. Manuel Perez
Chair of the Board of Supervisors
Riverside County Board of Supervisors
ATTEST: APPROVED AS TO FORM:
Kimberly Rector Minh C. Tran
Clerk of the Board County Counsel
By: By:
Deputy Amrit P. Dhillon
Deputy County Counsel
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ATTACHMENT A
CITY OF LA QUINTA
LEVEL OF SERVICE
Average Patrol Services
130 fully supported hours per day (Approximate equivalent of 25 Deputy Sheriff positions @ 1,884 annual productive hours per position.)
Dedicated Positions
One (1) Sheriff’s Lieutenant position
Two (2) Sheriff’s Sergeant positions
Five (5) Deputy Sheriff (fully supported) positions – Target Team Four (4) Deputy Sheriff (fully supported) positions – Motor Officers One (1) Deputy Sheriff (fully supported) positions – Traffic Officers One (1) Deputy Sheriff (unsupported) position – Violent Crime Gang Task Force One (1) Deputy Sheriff (unsupported) position – Coachella Valley Narcotics Task Force Six (6) Community Service Officer II positions
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025
STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH JNS NEXT
FOR MARKETING AND MEDIA SERVICES
RECOMMENDATION
Approve Agreement for Contract Services with JNS Next, for marketing and media services; and authorize the City Manager to execute the agreement.
EXECUTIVE SUMMARY
• The 2025/26 Marketing Strategies will continue to focus on a more robust and informative outreach plan to residents, visitors, and current and future businesses through economic development efforts.
• In February 2025, the City solicited a Request for Proposal (RFP) for a full service marketing agency and received 24 submittals; 4 firms were interviewed; and JNS Next was selected based on their experience and qualifications. • The proposed Agreement for Contract Services (Agreement) (Attachment 1) with JNS Next is for a 5-year term for an amount not to exceed $725,000 per year with an option to extend for an additional two years.
FISCAL IMPACT
Fiscal year (FY) 2025/26 budget includes an allocation of $725,000 for marketing services, including account management, media buys, and miscellaneous services.
The proposed Agreement is for a 5-year term, beginning July 1, 2025, to June 30, 2030, and an optional 2-year extension, at a not to exceed amount of $725,000 per FY. Funds will be budgeted in the Marketing and Tourism Promotions account 101-3007-60461 in future FYs pursuant to the Agreement.
BUSINESS SESSION ITEM NO. 2
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BACKGROUND/ANALYSIS
The marketing strategies will continue to focus on strong Community Engagement and Economic Development to inform and educate our residents and businesses on various projects, events, updates and consistent messaging in the City:
• Create strategies to educate and inform residents through in-person activations, the City’s podcast platform, strategic social media, and local media platforms. • Continue communications to businesses with further enhancements to the Economic Development microsite, utilizing the Chamber business walks, and frequent e-blasts. • Expanded marketing plan to include additional print and digital platforms to our direct flight markets, as well as additional media to ensure local coverage.
In February 2025, the City published an RFP for a full-service marketing agency; received 24 proposals; 4 firms were interviewed – JNS Next, Madden Media, 62 Above, and Strausberg Group; and JNS was selected based on their experience and qualifications.
Proposed is a 5-year Agreement to partner with JNS Next on an expansive marketing strategy that will not only focus and engage our residents, but our business development as well. Staff will direct JNS Next to develop new ways to reach our residents, visitors, and businesses to offer resources, assistance, and pertinent information consistently.
The Plan has been designed to enhance communication in a variety of outlets such as:
• Significant increase in public relations to create a higher frequency of press releases, media alerts, online and social communications.
• Working with the Chamber of Commerce to expand their workforce attraction campaigns focusing on La Quinta being a desirable place to live, work, play, and open a business.
• Work with all City departments to ensure communications are serving the community. • Continue our “Love La Quinta” and “Uncovering the Gems” campaigns that reach our local residents for all things LQ.
• Continue to review and enhance the City’s brand pillars to ensure market trends, technology updates, and strategies.
ALTERNATIVE
Council may elect not to approve or amend FY 2025/26 Marketing Strategies; and may elect not to approve the Agreement.
Prepared by: Marcie Graham, Marketing Manager
Approved by:Gilbert Villalpando, Director (Business Unit/Housing Development) Attachment: 1. Agreement for Contract Services with JNS Next 314 CLICK HERE to Return to Agenda
AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and JNS Next, a California Limited Liability Corp, (“Contracting Party”). The parties hereto agree as follows:
1. SERVICES OF CONTRACTING PARTY.
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to marketing services as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.
1.2 Compliance with Law. All Services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, regulations, and laws of the City and any Federal, State, or local governmental agency of competent jurisdiction.
1.3 Wage and Hour Compliance, Contracting Party shall comply with applicable Federal, State, and local wage and hour laws.
1.4 Licenses, Permits, Fees and Assessments. Except as otherwise specified herein, Contracting Party shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement, including a City of La Quinta business license. Contracting Party and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required for the performance of the Services required by this Agreement.
Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, defend (with counsel selected by City), and hold City, its elected officials, officers, employees, and agents, free and harmless against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.
1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, ATTACHMENT 1
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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 not to exceed Seven Hundred Twenty-Five Thousand Dollars ($725,000.00) per year for the life of the Agreement, encompassing the initial and any extended terms. (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.
Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.
2.2 Method of Billing & Payment. Any month in which Contracting Party wishes to receive payment, Contracting Party shall submit to City no later than the tenth (10th) working day of such month, in the form approved by City’s Finance Director, an invoice for Services rendered prior to the date of the invoice. Such invoice shall (1) describe in detail the Services provided, including time and materials, and (2) specify each staff member who has provided Services and the number of hours assigned to each such staff member. Such invoice shall contain a certification by a principal member of Contracting Party specifying that the payment requested is for Services performed in accordance with the terms of this Agreement. Upon approval in writing by the Contract Officer, or assigned designee, and subject to retention pursuant to Section 8.3, City will pay Contracting Party for all items stated thereon which are approved by City pursuant to this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.
2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the 317 CLICK HERE to Return to Agenda
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Contract Sum may be approved by the Contract Officer or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.
3. PERFORMANCE SCHEDULE.
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.
3.2 Schedule of Performance. All Services rendered pursuant to this Agreement shall be performed diligently and within the time period established in “Exhibit C” (the “Schedule of Performance”). Extensions to the time period specified in the Schedule of Performance may be approved in writing by the Contract Officer or assigned designee.
3.3 Force Majeure. The time period specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contracting Party, including, but not restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency other than City, and unusually severe weather, if Contracting Party shall within ten (10) days of the commencement of such delay notify the Contract Officer, or assigned designee, in writing of the causes of the delay. The Contract Officer, or assigned designee, shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the forced delay when and if in the Contract Officer’s judgment such delay is justified, and the Contract Officer’s determination, or assigned designee, shall be final and conclusive upon the parties to this Agreement. Extensions to time period in the Schedule of Performance which are determined by the Contract Officer, or assigned designee, to be justified pursuant to this Section shall not entitle the Contracting Party to additional compensation in excess of the Contract Sum.
3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2025, and terminate on June 30, 2030 (“Initial Term”). This Agreement may be extended for two (2) additional year(s) upon mutual agreement by both parties (“Extended Term”) and executed in writing.
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4. COORDINATION OF WORK.
4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Garry Sage, President
Tel No. (760) 992-4099
E-mail: [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 the Marketing Manager or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not 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.
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4.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Contracting Party, its agents, or its employees, perform the Services required herein, except as otherwise set forth herein.
City shall have no voice in the selection, discharge, supervision, or control of Contracting Party’s employees, servants, representatives, or agents, or in fixing their number or hours of service. Contracting Party shall perform all Services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Contracting Party in its business or otherwise or a joint venture or a member of any joint enterprise with Contracting Party. Contracting Party shall have no power to incur any debt, obligation, or liability on behalf of City. Contracting Party shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. Except for the Contract Sum paid to Contracting Party as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Contracting Party for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Contracting Party for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contracting Party and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Contracting Party agrees to pay all required taxes on amounts paid to Contracting Party under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contracting Party shall fully comply with the workers’ compensation laws regarding Contracting Party and Contracting Party’s employees. Contracting Party further agrees to indemnify and hold City harmless from any failure of Contracting Party to comply with applicable workers’ compensation laws. City shall have the right to offset against the amount of any payment due to Contracting Party under this Agreement any amount due to City from Contracting Party as a result of Contracting Party’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 320 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.
5.1 Insurance. Prior to the beginning of any Services under this Agreement and throughout the duration of the term of this Agreement, Contracting Party shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, policies of insurance as set forth in “Exhibit E” (the “Insurance Requirements”) which is incorporated herein by this reference and expressly made a part hereof.
5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to Agency along with all required endorsements. Certificate of Insurance and endorsements must be approved by Agency’s Risk Manager prior to commencement of performance.
6. INDEMNIFICATION.
6.1 Indemnification. To the fullest extent permitted by law, Contracting Party shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, agents, and volunteers as set forth in “Exhibit F” (“Indemnification”) which is incorporated herein by this reference and expressly made a part hereof.
7. RECORDS AND REPORTS.
7.1 Reports. Contracting Party shall periodically prepare and submit to the Contract Officer, or assigned designee, such reports concerning Contracting Party’s performance of the Services required by this Agreement as the Contract Officer, or assigned designee, shall require. Contracting Party hereby acknowledges that City is greatly concerned about the cost of the Services to be performed pursuant to this Agreement. For this reason, Contracting Party agrees that if Contracting Party becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein or, if Contracting Party is providing design services, the cost of the project being designed, Contracting Party shall promptly notify the Contract Officer, or assigned designee, of said fact, circumstance, technique, or event and the estimated increased or decreased cost related thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.
7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with 321 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.
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 322 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.
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 323 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.
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 324 CLICK HERE to Return to Agenda
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the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.
8.8 Termination for Default of Contracting Party. If termination is due to the failure of Contracting Party to fulfill its obligations under this Agreement, Contracting Party shall vacate any City-owned property which Contracting Party is permitted to occupy hereunder and City may, after compliance with the provisions of Section 8.2, take over the Services and prosecute the same to completion by contract or otherwise, and Contracting Party shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Contracting Party for the purpose of setoff or partial payment of the amounts owed City.
8.9 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees; provided, however, that the attorneys’ fees awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing party in the conduct of the litigation.
Attorneys’ fees shall include attorneys’ fees on any appeal, and in addition a party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery, and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The court may set such fees in the same action or in a separate action brought for that purpose.
9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.
9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 325 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.
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: Marcie Graham
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:
JNS NEXT
GARRY SAGE, PRESIDENT
75410 GERALD FORD DR. #201
PALM DESERT, CA 92211
10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.3 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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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:
JNS Next:
Garry Sage, President
Dated: __________________________
ATTEST:
MONIKA RADEVA, City Clerk
City of La Quinta, California
By:
Name:
Title:
APPROVED AS TO FORM:
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Exhibit A