Agenda packet — La Quinta City Council, May 6, 2025 (part 1 of 3)

CITY COUNCIL AGENDA Page 1 of 8 MAY 6, 2025

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, MAY 6, 2025
3:00 P.M. CLOSED SESSION | 4:00 P.M. OPEN SESSION
Members of the public may listen to this meeting by tuning-in live via www.laquintaca.gov/livemeetings.

CALL TO ORDER
ROLL CALL: Councilmembers: Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
At this time, members of the public may address the City Council on any matter not listed on the agenda pursuant to the “Public Comments – Instructions” listed at the end of the agenda.

The City Council values your comments; however, in accordance with State law, no action shall be taken on any item not appearing on the agenda unless it is an emergency item authorized by the Brown Act [Government Code § 54954.2(b)].

CONFIRMATION OF AGENDA

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
CASES NAMES AND NUMBERS – MULTIPLE (listed below, all in U.S. Bankruptcy Court, District of Delaware)
CASE NAME: CASE NUMBER
SilverRock Development Company, LLC 24-11647
SilverRock Lifestyle Residences, LLC 24-11648
SilverRock Lodging, LLC 24-11650
SilverRock Luxury Residences, LLC 24-11652
SilverRock Phase I, LLC 24-11654
RGC PA 789, LLC 24-11657
City Council agendas and staff reports
are available on the City’s
web page: www.LaQuintaCA.gov
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CITY COUNCIL AGENDA Page 2 of 8 MAY 6, 2025

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION; PURSUANT TO PARAGRAPH (1) OF SUBDIVISION (d) OF GOVERNMENT CODE SECTION 54956.9;
NAME OF CASE: CITY OF LA QUINTA V. SILVERROCK DEVELOPMENT COMPANY, ET AL. (RIVERSIDE COUNTY SUP. CT. CASE NO. CVPS2404750)

3. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6; CITY DESIGNATED REPRESENTATIVE: CARLA TRIPLETT, HUMAN RESOURCES DEPUTY DIRECTOR; AND EMPLOYEE ORGANIZATION: LA QUINTA CITY EMPLOYEES’ ASSOCIATION

RECESS TO CLOSED SESSION
RECONVENE AT 4:00 P.M.

REPORT ON ACTION(S) TAKEN IN CLOSED SESSION

PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS, PRESENTATIONS, AND WRITTEN COMMUNICATIONS

1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE

2. INTRODUCE NEW AND PROMOTED CITY STAFF MEMBERS

3. CERTIFICATES OF RECOGNITION COMMENDING LA QUINTA EMPLOYEES

OSVALDO VARGAS VALENCIA, ALFRED BERUMEN, JORGE VIZCARRA, SCOTT

HAMILTON AND JOSEPH PALAFOX FOR THEIR DEDICATION AND

UNWAVERING SERVICE IN PROVIDING ASSISTANCE TO PRESERVE LIFE AND SAFETY

4. CHILDREN’S DISCOVERY MUSEUM PROGRAM UPDATE BY CHIEF EXECUTIVE

OFFICER CINDY BURRESON

CONSENT CALENDAR
NOTE: Consent Calendar items are routine in nature and can be approved by one motion.

PAGE

1. APPROVE COUNCIL MEETING MINUTES DATED APRIL 15, 2025 9 CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 3 of 8 MAY 6, 2025

2. ADOPT ORDINANCE NO. 622 ON SECOND READING AMENDING SECTIONS

8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET HIGH
21 3. AUTHORIZE OVERNIGHT TRAVEL FOR ONE MAINTENANCE AND

OPERATIONS SUPERINTENDENT TO ATTEND THE CALIFORNIA
STORMWATER QUALITY ASSOCIATION 2025 ANNUAL CONFERENCE IN PASADENA, CALIFORNIA, SEPTEMBER 14 – 16, 2025
29 4. APPROVE PURCHASE OF (1) WATER PLAY STRUCTURE AND EQUIPMENT FROM VORTEX AQUATIC STRUCTURES INTERNATIONAL; (2) SHADE STRUCTURES FROM ICON SHELTER SYSTEMS, INC; AND (3) SEATS,

BENCHES, TABLES, AND BIKE STAND FROM SPRUCE AND GANDER, INC FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02 31 5. ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE PLACE

COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON TAX ROLLS FOR FISCAL YEAR 2025/26
[RESOLUTION NO. 2025-011]
49 6. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER
COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2025/26 65 7. APPROVE ALPHA MEDIA MARKETING SERVICES FOR FISCAL YEAR 2025/26
75 8. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH TRITON

TECHNOLOGY SOLUTIONS, INC FOR ANNUAL SUBSCRIPTIONS,

MAINTENANCE AND SUPPORT SERVICES FOR CABLECAST TECHNOLOGY

SYSTEM TO RECORD, STREAM, AND ARCHIVE PUBLIC MEETINGS VIDEOS 81 9. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH MULLHOLLAND

CONSULTING, INC FOR MISCELLANEOUS RETENTION BASIN
IMPROVEMENTS PROJECT NO. 2023-35 FOR EVALUATION AND DESIGN

SERVICES
115

10. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH RY+AO AND

AUTHORIZE ALL PHASES TO PROVIDE THE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE FOR X-PARK BUILDING AMERICANS WITH
DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-08
153

11. APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES

WITH TY LIN INTERNATIONAL FOR THE DUNE PALMS ROAD BRIDGE IMPROVEMENT PROJECT NO. 2011-05
195

12. APPROVE AMENDMENT NO. 3 TO AGREEMENT FOR CONTRACT SERVICES

WITH DESERT LIMNOLOGISTS DBA SOUTHWEST AQUATICS, INC FOR 203
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CITY COUNCIL AGENDA Page 4 of 8 MAY 6, 2025
VARIOUS LAKE MAINTENANCE, REPAIR, AND ON-CALL SERVICES; AND

AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR

AS SELECT SOURCE FOR ON-CALL LAKE MAINTENANCE AND REPAIR

SERVICES
215
245
251
257
263
269
275
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13. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VARIABLE

SPEED SOLUTIONS, INC FOR MISCELLANEOUS LAKE MAINTENANCE AND

REPAIR SERVICES

14. RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH HORIZON

LIGHTING, INC FOR CITYWIDE LIGHTING MAINTENANCE SERVICES PROJECT NO. 2023-29 AND ON-CALL SERVICES WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE AND ONCALL ELECTRICAL SERVICES

15. RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH VINTAGE

ASSOCIATES, INC FOR SILVERROCK LANDSCAPE MAINTENANCE
PROJECT NO. 2023-31 AND ON-CALL MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE

THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT

SOURCE FOR ON-CALL MAINTENANCE SERVICES

16. RECEIVE AND FILE CHANGE ORDER NO. 1 TO CONTRACT WITH DESERT

CONCEPTS CONSTRUCTION, INC FOR PARK LANDSCAPE MAINTENANCE SERVICES PROJECT NO. 2023-30 AND ON-CALL LANDSCAPE
MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO

UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE

SERVICES

17. RECEIVE AND FILE CHANGE ORDER NO. 2 TO CONTRACT WITH DESERT

CONCEPTS CONSTRUCTION, INC FOR CITYWIDE LANDSCAPE

MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 PROJECT NO. 2023-28 AND ON-CALL LANDSCAPE MAINTENANCE SERVICES FOR FISCAL YEAR 2025/26 AND RELATED COMPENSATION; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO

UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL MAINTENANCE

SERVICES

18. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED JANUARY 31, 2025

19. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED FEBRUARY 28, 2025
CITY COUNCIL AGENDA Page 5 of 8 MAY 6, 2025

20. APPROVE DEMAND REGISTERS DATED APRIL 11 AND 18, 2025 281

BUSINESS SESSION
PAGE

1. APPROVE AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE LAW ENFORCEMENT SERVICES FOR FISCAL YEARS 2025/26 AND 2026/27 299

2. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH JNS NEXT FOR

MARKETING AND MEDIA SERVICES
313

STUDY SESSION
PAGE

1. DISCUSS ADDING CHAPTER 11.46 TO TITLE 11 OF THE LA QUINTA

MUNICIPAL CODE RELATING TO THE REGULATING OF UNAUTHORIZED

CAMPING WITHIN THE CITY
345

2. DISCUSS ENFORCEMENT OF ANIMAL LEASH REGULATIONS 359
PUBLIC HEARINGS – None

DEPARTMENTAL REPORTS
PAGE

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK

4. COMMUNITY SERVICES QUARTERLY REPORT – JANUARY-MARCH 2025 367

5. DESIGN AND DEVELOPMENT

6. FINANCE

7. PUBLIC SAFETY

8. PUBLIC WORKS
MAYOR’S AND COUNCIL MEMBERS’ ITEMS

REPORTS AND INFORMATIONAL ITEMS

1. CVAG CONSERVATION COMMISSION (Evans)

2. CVAG ENERGY AND SUSTAINABILITY COMMITTEE (Evans)

3. CVAG EXECUTIVE COMMITTEE (Evans)

4. VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU (Evans)

5. LEAGUE OF CALIFORNIA CITIES DELEGATE (Evans)

6. COACHELLA VALLEY WATER DISTRICT JOINT POLICY COMMITTEE (Evans)

7. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

8. DESERT SANDS UNIFIED SCHOOL DISTRICT COMMITTEE (Evans & Sanchez)

9. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

10. COACHELLA VALLEY UNIFIED SCHOOL DISTRICT COMMITTEE (Fitzpatrick & Peña)

11. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

12. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)
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CITY COUNCIL AGENDA Page 6 of 8 MAY 6, 2025

13. COMMUNITY SERVICE GRANT REVIEW COMMITTEE (Evans & Sanchez)

14. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)

15. GREATER CV CHAMBER OF COMMERCE INFORMATION EXCHANGE COMMITTEE (Sanchez)

16. LEAGUE OF CALIFORNIA CITIES – ENVIRONMENTAL QUALITY POLICY COMMITTEE (McGarrey)

17. LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE RIVERSIDE COUNTY DIVISION (McGarrey)

18. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

19. CVAG PUBLIC SAFETY COMMITTEE (Peña)

20. CVAG HOMELESSNESS COMMITTEE (Peña)

21. COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT (Peña)

22. SUNLINE TRANSIT AGENCY (Peña)

23. ART PURCHASE COMMITTEE (Sanchez & McGarrey)

24. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)

25. CALIFORNIA ASSOCIATION OF LOCAL AGENCY FORMATION COMMISSION (Sanchez)

26. COACHELLA VALLEY ANIMAL CAMPUS COMMISSION (Sanchez)

27. LEAGUE OF CALIFORNIA CITIES – PUBLIC SAFETY COMMITTEE (Sanchez)

28. RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION (Sanchez)

29. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

30. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Sanchez)

31. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS REGIONAL COUNCIL (Sanchez)

32. HOUSING COMMISSION MEETING MINUTES DATED APRIL 16, 2025 373

33. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED APRIL 23, 2025
377

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on May 20, 2025, at 4:00 p.m. at the City Hall Council Chamber, 78495 Calle Tampico, La Quinta, CA 92253.

DECLARATION OF POSTING
I, Monika Radeva, City Clerk of the City of La Quinta, do hereby declare that the foregoing Agenda for the La Quinta City Council meeting was posted on the City’s website, near the entrance to the Council Chamber at 78495 Calle Tampico, and the bulletin board at the La Quinta Cove Post Office at 51321 Avenida Bermudas, on May 2, 2025.

DATED: May 2, 2025
MONIKA RADEVA, City Clerk
City of La Quinta, California

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CITY COUNCIL AGENDA Page 7 of 8 MAY 6, 2025

Public Notices
 Agenda packet materials are available for public inspection: 1) at the Clerk’s Office at La Quinta City Hall, located at 78495 Calle Tampico, La Quinta, California 92253; and 2) on the City’s website at www.laquintaca.gov/councilagendas, in accordance with the Brown Act [Government Code § 54957.5; AB 2647 (Stats. 2022, Ch. 971)].  The La Quinta City Council Chamber is handicapped accessible. If special equipment is needed for the hearing impaired, please call the City Clerk’s office at (760) 777-7123, 24- hours in advance of the meeting and accommodations will be made.  If background material is to be presented to the City Council during a City Council meeting, please be advised that 15 copies of all documents, exhibits, etc., must be supplied to the City Clerk for distribution. It is requested that this takes place prior to the beginning of the meeting.

PUBLIC COMMENTS - INSTRUCTIONS
Members of the public may address the City Council on any matter listed or not listed on the agenda as follows:

WRITTEN PUBLIC COMMENTS can be provided either in-person during the meeting by submitting 15 copies to the City Clerk, it is requested that this takes place prior to the beginning of the meeting; or can be emailed in advance to [email protected], no later than 12:00 p.m., on the day of the meeting. Written public comments will be distributed to Council, made public, and will be incorporated into the public record of the meeting, but will not be read during the meeting unless, upon the request of the Mayor, a brief summary of public comments is asked to be reported.

If written public comments are emailed, the email subject line must clearly state “Written Comments” and should include: 1) full name, 2) city of residence, and 3) subject matter.

VERBAL PUBLIC COMMENTS can be provided in-person during the meeting by completing a “Request to Speak” form and submitting it to the City Clerk; it is requested that this takes place prior to the beginning of the meeting. Please limit your comments to three (3) minutes (or approximately 350 words). Members of the public shall be called upon to speak by the Mayor.

In accordance with City Council Resolution No. 2022-027, a one-time additional speaker time donation of three (3) minutes per individual is permitted; please note that the member of the public donating time must: 1) submit this in writing to the City Clerk by completing a “Request to Speak” form noting the name of the person to whom time is being donated to, and 2) be present at the time the speaker provides verbal comments.

Verbal public comments are defined as comments provided in the speakers’ own voice and may not include video or sound recordings of the speaker or of other individuals or entities, unless permitted by the Mayor.

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 8 of 8 MAY 6, 2025

resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

All writings or documents, including but not limited to emails and attachments to emails, submitted to the City regarding any item(s) listed or not listed on this agenda are public records. All information in such writings and documents is subject to disclosure as being in the public domain and subject to search and review by electronic means, including but not limited to the City’s Internet Web site and any other Internet Web-based platform or other Web-based form of communication. All information in such writings and documents similarly is subject to disclosure pursuant to the California Public Records Act [Government Code § 7920.000 et seq.].

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda. *** TELECONFERENCE PROCEDURES***

APPLICABLE ONLY WHEN TELECONFERENCE ACCESSIBILITY IS IN EFFECT Pursuant to Government Code § 54953(f) [AB 2449, Stats. 2022, Ch. 285, Rubio].

Verbal public comments via Teleconference – members of the public may attend and participate in this meeting by teleconference via Zoom and use the “raise your hand” feature when public comments are prompted by the Mayor; the City will facilitate the ability for a member of the public to be audible to the City Council and general public and allow him/her/them to speak on the item(s) requested. Please note – members of the public must unmute themselves when prompted upon being recognized by the Mayor, in order to become audible to the City Council and the public.

Only one person at a time may speak by teleconference and only after being recognized by the Mayor.

ZOOM LINK: https://us06web.zoom.us/j/86171130130
Meeting ID: 861 7113 0130
Or join by phone: (253) 215 – 8782
Written public comments – can be provided in person during the meeting or emailed to the City Clerk’s Office at [email protected] any time prior to the adjournment of the meeting, and will be distributed to the City Council, made public, incorporated into the public record of the meeting, and will not be read during the meeting unless, upon the request of the Mayor, a brief summary of any public comment is asked to be read, to the extent the City Clerk’s Office can accommodate such request.

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CITY COUNCIL MINUTES Page 1 of 12 APRIL 15, 2025

CITY COUNCIL

MINUTES
TUESDAY, APRIL 15, 2025

CALL TO ORDER
A regular meeting of the La Quinta City Council was called to order at 3:00 p.m. by Mayor Evans.

PRESENT: Councilmembers Fitzpatrick, McGarrey, Peña, Sanchez, and Mayor Evans ABSENT: None
PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA - none

CONFIRMATION OF AGENDA
City Manager McMillen said staff is available should Council have any questions or require additional information regarding Consent Calendar Item Nos. 7 and 10 on tonight’s agenda.

Councilmember Peña said he will recuse himself and abstain from participating in the discussion and vote on Consent Calendar Item No. 10 related to the plans, specifications, engineer’s estimate and advertisement for bid of the Fritz Burns Park Improvements Project No. 2021-02 due to a potential conflict of interest stemming from the proximity of real property to this project, and requested that the item be pulled for a separate vote.

Councilmember McGarrey said she will recuse herself and abstain from participating in the discussion and vote on Consent Calendar Item No. 14 due to a potential conflict of interest stemming from a business relationship, i.e., her employer, Southern California Gas Company, is listed on the Demand Register, and requested that the item be pulled for a separate vote.

City Attorney Ihrke said Consent Calendar Item No. 9, related to the Pavement Management Plan Fiscal Year 2024/25 Cove Area Slurry-seal Improvements Project No. 2024-03, includes project locations that are within 500 feet from real property owned by Councilmembers Peña and Sanchez, and Mayor Evans; however, there is no conflict of interest pursuant to regulations of the Fair Political Practices Commission (FPPC), specifically Title 2, Section 18702.2 of the California Code of Regulations regarding the materiality standards for financial interest in real property. Subdivision (d) provides exceptions where “The financial effect of a governmental decision on a parcel of real property in which an official has a financial interest is not material if: (1) The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities.”
Mayor Evans said an item entitled “Coachella Music Festival 2025 Weekend 1 – Traffic Impacts Update by Goldenvoice” will be added as Presentation Item No. (A) under CONSENT CALENDAR ITEM NO. 19
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CITY COUNCIL MINUTES Page 2 of 12 APRIL 15, 2025
“Announcements, Presentations, and Written Communications” section of tonight’s agenda.

Council concurred.

CLOSED SESSION

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:34 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:04 P.M. WITH ALL MEMBERS PRESENT
REPORT ON ACTION(S) TAKEN IN CLOSED SESSION:

City Attorney Ihrke reported the following pursuant to Government Code section 54957.1 (Brown Act):
 CLOSED SESSION ITEM NO. 1 – no reportable action
Council’s authorization remains in place for the City Attorney, in coordination with the City Attorney’s Office and Special Counsel, to defend and protect the interests of the City in the multiple bankruptcy cases filed by SilverRock Development Company and its responsive affiliates as reported out for Closed Session Item No. 2 from the August 6, 2024, Council meeting.
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 CLOSED SESSION ITEM NO. 2 – no reportable action
Mr. Ihrke noted that a brief summary of the bankruptcy proceedings status for SilverRock Development Company and its affiliates will be provided under the Announcements, Presentations, and Written Communications section of the agenda, as Presentation Item No. 1

PLEDGE OF ALLEGIANCE
Mayor Pro Tem McGarrey led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Eileen Lynch, Executive Director, Parkinson’s Resource Organization – noted it is Parkinson’s Awareness Month; provided statistics on the disease; effects on family; local resources available; requested that Council familiarize themselves with the Organization; and requested Council keep the Organization in mind for funding grants.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS >>> Added presentation
A. COACHELLA MUSIC FESTIVAL 2025 WEEKEND 1 – TRAFFIC IMPACTS

UPDATE BY GOLDENVOICE
PRESENTER: George Cunningham, Senior Vice President, Public Safety, Goldenvoice – Apologized for the traffic challenges and impacts experienced by the La Quinta community during Weekend 1 of the 2025 Coachella music festival; and explained the reason for the traffic problems being an unusual increase of attendees arriving early to the camp grounds.

Council discussed the maximum camping capacity; vehicle searches; toll booth opening hours; provision of restroom facilities and drinking water to those waiting in vehicles along access routes; roundabout access; traffic patterns; monitoring traffic real-time via cameras, then mitigating; communication via the unified command center; means of communicating to residents and concert-goers from command center; level of Thursday night performer popularity; increasing staff at entry points; CV Sync and California Highway Patrol (CHP) communications; assistance provided by law enforcement; value of the economic impact of the festivals to surrounding communities; appreciation of quick resolutions of some issues; and expectation that this new traffic issue will be resolved prior to Weekend 2 event.

1. SILVERROCK (FORMERLY TALUS) DEVELOPMENT PROJECT – STATUS UPDATE
City Attorney Ihrke said on August 5, 2024, SilverRock Development Company LLC and its affiliates (debtors), collectively referred to as “SDC,” voluntarily petitioned for Chapter 11 bankruptcy in U.S. Bankruptcy Court in Delaware; and per Council’s direction and approval, the City retained Special Counsel who has continuously been working with the City Manager and City Attorney throughout these proceedings. Prior Announcements 11 CLICK HERE to Return to Agenda
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regarding the bankruptcy case are available on the City’s website at www.laquintaca.gov/taluslq.

Earlier today, April 15, 2025, the U.S. Bankruptcy Court held a hearing on a Motion for Relief from the Automatic Stay, which was continued from March 12, 2025.

As previously announced, the “stay” is triggered under federal law when a bankruptcy proceeding is filed and essentially places an immediate “pause” on any actions that might affect the debtors’ property and estate.

The Motion for Relief from the Automatic Stay was brought by three subcontractors, specifically White’s Steel, Inc., Rowan Electric, and Gauston Corp., of one of the primary contractors for the project, RD Olson Construction Company. The subcontractors asked for a relief from the stay to pursue their money damages claim for breach of contract against RD Olson, filed in Riverside County Superior Court.

RD Olson opposed the motion, arguing that the subcontractors brought claims both to foreclose on their respective mechanics liens that secure unpaid contract claims, as well as for breach of contract, and the claims could not be separated so as to not affect the debtors’ property and estate.

The City, the debtors, and other parties also opposed this motion because, even though this motion primarily affected RD Olson and its subcontractors, a relief from the automatic stay would allow these three subcontractors to proceed with their lawsuits, filed in Riverside County Superior Court, which have been consolidated with approximately 30 other lawsuits, including the City’s lawsuit against SDC, all of which have been stayed by the automatic stay under federal bankruptcy law.

The City and other parties argued that allowing the relief from the automatic stay would not be in the best interest of the respective parties or consistent with “judicial economy,” or the concept of “one case at a time,” given every court’s limited resources. This is because:
(1) there is a bankruptcy court-approved “Bid Procedures” for the eventual disposition of the debtors’ property, which process is underway per previous announcements, and (2) the City, debtors, RD Olson, and presumably multiple other interested parties, that are part of the bankruptcy proceedings, will be required to defend their respective interests if the Riverside County Superior Court proceedings for the three subcontractors move forward, instead of being stayed like the other consolidated cases.

Today, April 15, 2025, the U.S. Bankruptcy Court denied the subcontractors’ motion, ruling that the automatic stay, triggered by the debtors’ bankruptcy proceedings, applies and prevents the subcontractors from pursuing their complaints under California law because their complaints are mechanic’s liens cases, and that directly affects the debtors’ property and estate. The bankruptcy court noted that lifting the automatic stay would impermissibly affect all of the consolidated cases in Riverside County Superior Court, thus, in summary, the automatic stay remains in place for all cases.

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City Manager McMillen said there continues to be tremendous interest and plenty of inquiries in the project from developers; and the process remains consistent for developers, and they are being referred to the Chief Restructuring Officer (CRO), who is an independent fiduciary responsible for the administration of the debtors’ estate through the bankruptcy case. The CRO then in turn refers interested developers to Jones, Lang, LaSalle (JLL), who is the brokerage firm retained by the CRO to research and market the sale of the debtors’ estate to secure a future developer to complete the project. Mr.

McMillen said it is anticipated to start receiving developer proposals for review sometime in May 2025.

Mayor Evans reiterated that all up-to-date information pertaining to this project, formerly Talus, now referred to as SilverRock is available on the City’s website at www.laquintaca.gov/taluslq.

2. CV HOUSING FIRST PROGRAM UPDATE BY COACHELLA VALLEY

ASSOCIATION OF GOVERNMENTS (CVAG) CHIEF OPERATING OFFICER (COO) ERICA FELCI
PRESENTERS: COO Felci and Management Analyst Candice Graff with CVAG provided an overview of CVAG’s homelessness assistance programs and efforts over the last 20 years, including Roy’s (2009 – 2017) operated by Jewish Family Services of the Desert, and CV Housing First program launched in 2017, focused on providing stable housing as a first step, followed by supporting services to help individuals address other challenges, such as employment opportunities, mental health, drug addiction, felony convictions, etc.

Ms. Felci presented a summary update on the CV Housing First program objectives, efforts, and successes, including services offered to chronically homeless individuals such as “rapid resolution” and “crisis stabilization;” the “CV-200” program has permanently housed over 200 homeless individuals across the Coachella Valley between 2021 and 2024; challenges to secure housing vouchers, coupled with rising rental costs and scarcity of available units; CVAG is using reserves to fund this program this fiscal year due to continuously rising costs year-over-year; the $100,000 funding contribution from Coachella Valley cities established over a decade ago does not include an escalator; CVAG is discussing increasing its contribution for next fiscal year to $125,000 and building in an escalator, and if approved, the same ask will be presented to all agencies contributing into the program, along with a revised Memorandum of Understanding proposing a multi-year funding request aiming to streamline the process and reduce administrative processing efforts every year to secure program funding.

Council discussed grant funding sources; program budget currently at approximately $1.7 million, with Riverside County contributing about $320,000; 8 out of the 9 Coachella Valley cities participating and providing program funding annually (Desert Hot Springs launched its own program in 2024 and withdrew its participation from CV Housing First); the likely need for CVAG to use reserves to fund the program even with the increased contribution request of $125,000; partnerships and collaborations with other regional homelessness assistance providers; applying a regional approach to homelessness is more effective; housing vouchers system process, units availability, market-rate rental allowance; Lift to Rise homelessness assistance program efforts, funding, and collaboration; mental health 13 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 6 of 12 APRIL 15, 2025
assistance; and exploring the possibility to build housing facilities for the CV Housing First program instead of having to partner with other agencies.

CONSENT CALENDAR

1. APPROVE COUNCIL MEETING MINUTES DATED MARCH 18, 2025

2. APPROVE COUNCIL, BOARDS, COMMISSION, AND COMMITTEES SPECIAL JOINT MEETING MINUTES DATED MARCH 20, 2025

3. APPROVE COUNCIL MEETING MINUTES DATED APRIL 1, 2025

4. ADOPT RESOLUTION TO APPROVE THE CITY’S PROJECT LIST FOR FISCAL YEAR 2025/26 FOR SENATE BILL 1 – ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDING [RESOLUTION NO. 2025-009]

5. APPROVE FISCAL YEAR 2025/26 THROUGH 2028/29 MEASURE A HALF CENT

SALES TAX FIVE-YEAR CAPITAL IMPROVEMENT PLAN

6. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH PALMS TO PINES

PRINTING FOR PROMOTIONAL AND PRINTING SERVICES

7. >>> Pulled for a separate vote by Mayor Evans

APPROVE ADDITIONAL CONTRACT SPENDING AUTHORITY FOR CITY CONTRACTED VENDORS IN FISCAL YEAR 2025/226 FOR ADDITIONAL WORK AND SERVICES OUTSIDE OF THE PROJECTS’ SCOPE OF WORK

8. APPROVE AMENDMENT NO. 4 TO SOFTWARE AS A SERVICE AGREEMENT

WITH TYLER TECHNOLOGIES INC FOR ENERGOV PERMITTING AND

LICENSING SOFTWARE

9. APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE, AND

ADVERTISE FOR BID THE PAVEMENT MANAGEMENT PLAN FISCAL YEAR 2024/25 COVE AREA SLURRY SEAL IMPROVEMENTS PROJECT NO. 2024-03

10. >>> Pulled for a separate vote by Councilmember Peña APPROVE PLANS, SPECIFICATIONS, ENGINEER’S ESTIMATE AND

ADVERTISE FOR BID THE FIRTZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02

11. APPROVE PURCHASE AND UPLIFT OF A 2025 CHEVROLET 2500

SILVERADO WORK TRUCK FROM PARADISE CHEVROLET CADILLAC

12. AUTHORIZE OVERNIGHT TRAVEL FOR DESIGN AND DEVELOPMENT

DEPARTMENT DATA REPORTING SPECIALIST AND HUB MANGER TO
ATTEND TYLER CONNECT 2025 ANNUAL CONFERENCE IN SAN ANTONIO, TEXAS, MAY 11-14, 2025
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CITY COUNCIL MINUTES Page 7 of 12 APRIL 15, 2025

13. APPROVE DEMAND REGISTERS DATED MARCH 28 AND APRIL

14. >>> Pulled for a separate vote by Mayor Pro Tem McGarrey

APPROVE DEMAND REGISTERS FOR SOUTHERN CALIFORNIA GAS
COMPANY DATED JANUARY 10, FEBRUARY 7, AND MARCH 7, 2025 CONSENT CALENDAR ITEM NO. 9
City Attorney Ihrke reiterated his announcement under Confirmation of Agenda on Consent Calendar Item No. 9, related to the Pavement Management Plan Fiscal Year 2024/25 Cove Area Slurry-seal Improvements Project No. 2024-03, includes project locations that are within 500 feet from real property owned by Councilmembers Peña and Sanchez, and Mayor Evans; however, there is no conflict of interest pursuant to regulations of the Fair Political Practices Commission (FPPC), specifically Title 2, Section 18702.2 of the California Code of Regulations regarding the materiality standards for financial interest in real property. Subdivision (d) provides exceptions where “The financial effect of a governmental decision on a parcel of real property in which an official has a financial interest is not material if: (1) The decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities.” MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item Nos. 1 – 6, 8 – 9, and 11 – 13 as presented, with Item No. 4 adopting Resolution No. 2025-009. Motion passed unanimously.

CONSENT CALENDAR ITEM NO. 14 – pulled for a separate vote MAYOR PRO TEM McGARREY RECUSED HERSELF, AND SAID SHE WILL

ABSTAIN FROM THE DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 14 DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM A

BUSINESS RELATIONSHIP WITH HER EMPLOYER SOUTHERN CALIFORNIA

GAS COMPANY, WHICH IS A PAYEE ON THE DEMAND REGISTER
MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Consent Calendar Item No. 14 as presented. Motion passed: ayes – 4, noes – 0, abstain – 1 (McGarrey), absent – 0.

CONSENT CALENDAR ITEM NO. 7 – pulled for a separate vote Maintenance and Operations Superintendent Hansen and Public Works Director/City Engineer McKinney presented the staff report, which is on file at the Clerk’s Office, and provided a summary overview of the types of unanticipated on-call work for which the additional spending authorization is used, which is outside of the scope of a project’s work under each contract.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Peña to approve Consent Calendar Item No. 7 as presented. Motion passed unanimously. 15 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 8 of 12 APRIL 15, 2025
CONSENT CALENDAR ITEM NO. 10 – pulled for a separate vote COUNCILMEMBER PEÑA RECUSED HIMSELF, AND SAID HE WILL ABSTAIN FROM THE DISCUSSION AND VOTE ON CONSENT CALENDAR ITEM NO. 10

DUE TO A POTENTIAL CONFLICT OF INTEREST STEMMING FROM THE

PROXIMITY OF HIS REAL PROPERTY TO THE FRITZ BURNS PARK
Council discussed the importance of ensuring the improvements are scheduled with the least impact on the community’s use of the park; disseminating proper and effective communication in advance, including the use of quick response (QR) code signs, webpage, patron’s list notifications, etc.; and, anticipated timing to award the bid.

Public Works Director/City Engineer McKinney explained the improvements will be carried out in 3 phases:
(1) Plaza and Promenade with public art play elements, seating, and shading; expanded playground with new equipment, shade, lighting, and drinking fountains; restroom building; and relocation of the dog park – slated to begin in summer 2025 when the use of these areas is limited due to the high temperatures.

Mr. McKinney noted access to the pool and tennis and pickleball courts will be available during the construction of Phase 1 improvements.
(2) Parking lot improvements – modified existing parking lot with shade; and installing electric vehicle charging stations – slated to begin in late summer 2025. (3) Pool area improvements – new water playground with wading pool; expanded pool deck with shade and seating; and expanded pool equipment area – slated to begin in the fall 2025 when the weather gets cooler and pool use is limited, and the closure of the pool will be coordinated with the Community Services Department and outside agencies’ programming.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to approve Consent Calendar Item No. 10 as presented. Motion passed: ayes – 4, noes – 0, abstain – 1 (Peña), absent – 0.

BUSINESS SESSION

1. INTRODUCE FOR FIRST READING AN ORDINANCE AMENDING SECTIONS

8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET IN HEIGHT
[ORDINANCE NO. 622]
Building Official Ortega presented the staff report, which is on file in the Clerk’s Office.

Council discussed different permit requirements for masonry walls versus fences; permits per year for walls over 3 feet (approximately 350); applies to residences increasing heights; and 6-foot maximum height allowed per Zoning Code; and any potential revenue loss from 16 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 9 of 12 APRIL 15, 2025
issuance of fewer permits will be countered by staff’s ability to redirect attention to more time-sensitive items.

MOTION – A motion was made and seconded by Councilmembers McGarrey/Peña to take up Ordinance No. 622 by title and number only and waive further reading amending Sections 8.02.020 and 8.06.020 of the La Quinta Municipal Code to exempt from permit fences not over 7 feet high as presented. Motion passed unanimously.

City Clerk Radeva read the following title of Ordinance No. 622 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTIONS 8.02.020 AND 8.06.020 OF TITLE 8 OF

THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET HIGH
MOTION – A motion was made and seconded by Councilmembers McGarrey/Fitzpatrick to introduce at first reading Ordinance No. 622 amending Sections 8.02.020 and 8.06.020 of the La Quinta Municipal Code to exempt from permit fences not over 7 feet high as presented. Motion passed unanimously.

2. APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER

COACHELLA VALLEY CHAMBER OF COMMERCE (GCVCC) FOR FISCAL YEAR 2025/26
Marketing Manager Graham presented the staff report, which is on file in the Clerk’s Office.

Council discussed placement of the GEM magazine overruns; ongoing delivery issues with the United States Postal Service (USPS), and delivery to apartments, assisted living complexes, etc.; new weekly social networking at local restaurants; membership statistics; recovery on non-renewal by members; business walk locations; GCVCC intern program; monthly variation of the number of pages in GEM; writers of the City pages, and other content; Postmaster response to households’ non-receipt delivery issues, and recourses available; using GCVCC ambassadors as representatives of small businesses; ribboncutting scheduling and improvements; car show event timeline, adding a stage, and coordinating event dates with Art-on-Main-Street event in Old Town La Quinta; livestreaming/recording the State-of-the-City event; and means by which other cities are participating.

PUBLIC SPEAKER: Brandon Marley, President and CEO with the GCVCC and La Quinta resident – answered various Council questions with regards to memberships, USPS delivery issues, GEM publication, and explained new programs, including internship program, business walks, new weekly social networking events, etc.

City Attorney Ihrke recommended that this item be continued and brought back for Council’s consideration at the next Council meeting, on the Consent Calendar, in order to include language in the terms of the proposed Memorandum of Understanding regarding restrictions for use of public funds for election-related activities, and include Exhibit B, detailing the City’s obligations, which was inadvertently omitted from the MOU included in this agenda packet.
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CITY COUNCIL MINUTES Page 10 of 12 APRIL 15, 2025
MOTION – A motion was made and seconded by Councilmembers Peña/McGarrey to continue consideration of the Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2025/26 until the May 6, 2025, Council meeting to address the City Attorney’s comments listed in the above paragraph. Motion passed unanimously.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:17 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:27 P.M. WITH

ALL MEMBERS PRESENT
PUBLIC HEARINGS – taken out of Agenda order

1. ADOPT RESOLUTION TO APPROVE LANDMARK DESIGNATION 2025-0001

FOR A SINGLE-FAMILY RESIDENCE LOCATED AT THE NORTHWEST
CORNER OF AVENIDA DIAZ AND AVENIDA MONTEZUMA; CEQA: THE

DESIGN AND DEVELOPMENT DEPARTMENT HAS DETERMINED THAT THIS

PROJECT IS EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW PURSUANT TO SECTION 15301, CLASS 1 EXISTING FACILITIES; LOCATION: 51495 AVENIDA DIAZ [RESOLUTION NO. 2025-010]
Design and Development Director Castro presented the staff report, which is on file in the Clerk’s Office.

MAYOR EVANS DECLARED THE PUBLIC HEARING OPEN AT 6:36 P.M.

Councilmembers announced they toured the site.

APPLICANT: Robert Lindemann, La Quinta – applicant/owner of the residence; explained his unique property, and reasons for seeking designation.

MAYOR EVANS DECLARED THE PUBLIC HEARING CLOSED AT 6:38 P.M.

MOTION – A motion was made and seconded by Councilmembers Peña/Fitzpatrick to adopt Resolution No. 2025-010 approving Landmark Designation 2025-0001 for a single family residence located at 51495 Avenida Diaz; and find the project is exempt from environmental review pursuant California Environmental Quality Act Section 15301, Class 1 (existing facilities) as presented as presented:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A LANDMARK DESIGNATION FOR 51495 AVENIDA

DIAZ, LOCATED AT THE NORTHEAST CORNER OF AVENIDA DIAZ AND

AVENIDA MONTEZUMA
CASE NUMBER: LANDMARK DESIGNATION 2025-0001
APPLICANTS: ROBERT LINDEMANN AN DULLA LEMBORN
Motion passed unanimously.
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CITY COUNCIL MINUTES Page 11 of 12 APRIL 15, 2025
BUSINESS SESSION – Continued

3. APPROVE CIVIC CENTER CAMPUS LAKE MAINTENANCE AND AUTHORIZE

SPENDING FOR RELATED EXPENSES WITH SOUTHWEST AQUATICS, INC AND VARIABLE SPEED SOLUTIONS, INC IN FISCAL YEAR 2024/25 Maintenance and Operations Superintendent Hansen presented the staff report, which is on file in the Clerk’s Office.

Council discussed replacement check of the second pump; means of removing the sediment; placement of information board on construction fencing; public education campaign regarding the harm to turtles and other wildlife placed in the lake as well as the financial burden to City taxpayers; clarification on project costs, and on-call services and costs; timing of the second pump assessment; scheduling work around prom and graduation photo season; use of back-up/temporary pumps if needed; and importance of proactive and clear public communication.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/Sanchez to approve Civic Center Lake maintenance and authorize spending for related expenses with Southwest Aquatics, Inc. and Variable Speed Solutions, Inc. up to $170,000 in fiscal year 2024/25, and move the project start date from April 28, 2025, to May 19, 2025. Motion passed unanimously.

STUDY SESSION – None
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office.

3. CITY CLERK – UPDATE ON RESOLUTION NO. 2025-001 AUTHORIZING

TEMPORARY CONDITIONS RELATED TO THE SHORT-TERM VACATION

RENTAL PROGRAM
City Clerk Radeva presented the departmental report, which is on file in the Clerk’s Office, and noted Resolution No. 2025-001 will sunset on April 21, 2025, pursuant to its own terms.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Mayor Evans reported on her, and other Councilmembers’ attendance at Veteran’s Expo; Bunker Bar mixer; Indian Wells State-of-the-City; Fine Food Telethon; California Society of Municipal Financial Officers (CSFMO) Coachella Valley Chapter Meeting panel; Riverside County Crime Victims’ Rights vigil; Chamber of Commerce ribbon-cutting; and Jocelyn Fashion Show.

Councilmember Fitzpatrick reported on her and other Councilmembers’ attendance at the Fly Over LQ: A Kite Experience at SilverRock Park; and X-park BMX grant. 19 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 12 of 12 APRIL 15, 2025

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2025, Mayor Evans reported on her participation in the following organizations’ meetings:
 CVAG COACHELLA VALLEY CONSERVATION COMMISSION
 CVAG ENERGY AND SUSTAINABILITY COMMITTEE
 VISIT GREATER PALM SPRINGS CONVENTION AND VISITORS BUREAU La Quinta’s representative for 2025, Councilmember Fitzpatrick reported on her participation in the following organizations’ meetings:
 CVAG TRANSPORTATION COMMITTEE
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION
La Quinta’s representative for 2025, Mayor Pro Tem McGarrey reported on her participation in the following organization’s meeting:
 LEAGUE OF CALIFORNIA CITIES – EXECUTIVE COMMITTEE, RIVERSIDE

COUNTY DIVISION
La Quinta’s representative for 2025, Councilmember Sanchez reported on his participation in the following organizations’ meetings:
 RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
 RIVERSIDE COUNTY ANIMAL CAMPUS COMMISSION

ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Peña/Fitzpatrick to adjourn at 7:41 p.m. Motion passed unanimously.

Respectfully submitted,
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NO. 622 ON SECOND READING AMENDING SECTIONS 8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES NOT OVER 7 FEET HIGH

RECOMMENDATION
Adopt Ordinance No. 622 on second reading amending Sections 8.02.020 and 8.06.020 of Title 8 of the La Quinta Municipal Code exempting from permit fences not over 7 feet high.

EXECUTIVE SUMMARY
• On April 15, 2025, Council introduced Ordinance No. 622 for first reading amending Sections 8.02.020 and 8.06.020 of the La Quinta Municipal Code (LQMC) amending the permit exemption for fences from 3 feet to 7 feet and under in height, measured from finished grade, consistent with the California Building Standards Commission (CBSC).
• If adopted on second reading, Ordinance No. 622 will go into effect 30 days after adoption, or on June 5, 2025.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
On April 15, 2025, Council introduced for first reading Ordinance No. 622 proposing amendments to Sections 8.02.020 and 8.06.020 of Title 8 of the LQMC to exempt fences 7 feet and under in height from a building permit. A building permit would still be required for non-retaining masonry walls over 3 feet in height measured from finished grade, and Planning review would continue to ensure that location, height, design and materials are in compliance with standards of the zoning code. The proposed amendments will streamline and expedite the permit process and remain consistent with CBSC.

If adopted on second reading, Ordinance No. 622 will go into effect 30 days after adoption, or on June 5, 2025.

CONSENT CALENDAR ITEM NO. 2
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ALTERNATIVES
As Council approved Ordinance No. 622 at first reading, staff does not recommend an alternative.

Prepared by: Oscar Mojica, Deputy City Clerk
Approved by: Monika Radeva, City Clerk
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ORDINANCE NO. 622

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, AMENDING SECTIONS

8.02.020 AND 8.06.020 OF TITLE 8 OF THE LA QUINTA

MUNICIPAL CODE TO EXEMPT FROM PERMIT FENCES
NOT OVER 7 FEET HIGH
WHEREAS, California Health & Safety Code Section 17958 and 18941.5 mandates that the City of La Quinta adopt ordinances or regulations imposing the requirements of certain uniform industry codes adopted by the State pursuant to Health & Safety Code Section 17922; and
WHEREAS, the State of California has adopted the 2022 editions of the California Administrative Code, California Building Code, the California Residential Code, the California Electrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Historical Building Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code, and the California Referenced Standards Code, known collectively as the California Building Standards Code, and comprising Title 24 of the California Code of Regulations; and
WHEREAS, the California Building Standards Code establishes minimum standards to regulate the construction of buildings throughout the State; and WHEREAS, California Health & Safety Code Section 17958.5 permits the City of La Quinta to make such changes and modifications to the California Building Standards Code as are reasonably necessary because of local conditions; and WHEREAS, the Building Official, and the Design and Development Director, have recommended that changes be made to the adoption of the California Building and Residential Codes to remove the local amendment and return the work exempt from permit to the model code criteria of fences not over 7 feet high and clarify a permit is still required for masonry/concrete walls over 3 feet in height measured from finished grade.

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

SECTION 1. Sections 8.02.020 and 8.06.020 of Title 8 of the La Quinta Municipal Code shall be amended as written in "Exhibit A" attached hereto.

SECTION 2. As recommended by the Building Official, and the Design and Development Director, the previously adopted local amendment to work exempt from permit is no longer reasonably necessary.

SECTION 3. EFFECTIVE DATE: This Ordinance shall be in full force and effect thirty (30) days after its adoption.
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Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025

Page 2 of 6 ends

SECTION 4. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least two public places designated by resolution of the City Council, shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the Book of Ordinances of the City of La Quinta.

SECTION 5. CORRECTIVE AMENDMENTS: That the City Council does hereby grant the City Clerk the ability to make minor amendments to "Exhibit A" to ensure consistency of all approved text amendments prior to the publication in the La Quinta Municipal Code.

SECTION 6. SEVERABILITY: If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more section, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of May 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
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Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025

Page 3 of 6 ends

ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025

Page 4 of 6 ends

8.02.020 Work exempt from permit.

Subsection 105.2 of Section 105 of the California Building Code is amended by deleting the subheading "Building" and its listed items 1 through 13 and replacing them with the following:

Building:

1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet (11 m2 ). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences not over 7 feet (2134 mm) high and non-retaining masonry walls not over 3 feet (914 mm) in height measured from finished grade.

3. Oil derricks.

4. Retaining walls that are not over 2 feet (609 mm) in height measured from finished grade to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.

5. Water tanks supported directly on grade if the capacity is not greater than 5,000 gallons (18,925 L) and the ratio of height to diameter or width is not greater than 2:1.

6. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below and are not part of an accessible route.

7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

8. Temporary motion picture, television and theater stage sets and scenery.

9. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground.

10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.

11. Swings and other playground equipment accessory to detached one- and two-family dwellings.

12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.

13. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1,753 mm) in height.
(Ord. 604 § 4, Exh. A(3), 2022; Ord. 581 § 4, 2019; Ord. 551 § 4, 2016; Ord. 517 § 4, 2013; Ord. 483 § 2, 2010; Ord. 447 § 2, 2007; Ord. 376 Exh. A(3), 2002; Ord. 330 Exh. A(5), 1999; Ord. 276 § 2, 1995; Ord. 150 § 1, 1989; Ord. 114 § 1, 1987; Ord. 68 § 1, 1985)

EXHIBIT A
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Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025

Page 5 of 6 ends

8.06.020 Work exempt from permit.

Subsection R105.2 of Section 105 of the California Residential Code is amended by deleting the subheading "Building" and its listed items 1 through 10 and replacing them with the following:

Building:

1. Other than storm shelters, One-story detached accessory structures, provided the floor area does not exceed 120 square feet (11.15 m2 ). It is permissible that these structures still be regulated by Section 710A, despite exemption from permit.

2. Fences not over 7 feet (2134 mm) high and non-retaining masonry walls not over 3 feet (914 mm) in height measured from finished grade.

3. Retaining walls that are not over 2 feet (609 mm) in height measured from finished grade, unless supporting a surcharge.

4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1.

5. Sidewalks and driveways.

6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

7. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 24 inches (610 mm) deep, are not greater than 5,000 gallons (18,925 L), and are installed entirely above ground.

8. Swings and other playground equipment.

9. Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.

10. Decks not exceeding 200 square feet (18.58 m2 ) in area, that are not more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling, and do not serve the exit door required by Section R311.4.

All such structures must comply with the setback and height requirements of the La Quinta Municipal Code, as applicable. Unless otherwise exempted, separate plumbing, electrical, and mechanical permits are required for the above-exempted items.
(Ord. 604 § 4, Exh. A(14), 2022; Ord. 581 § 4, 2019; Ord. 551 § 4, 2016; Ord. 517 § 4, 2013) 27 CLICK HERE to Return to Agenda
Ordinance No. 622
Amending Title 8 Sections 8.02.020 and 8.06.020 – Work Exempt from Permit Adopted: May 6, 2025

Page 6 of 6 ends

STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 622 which was introduced at a regular meeting on the 15th day of April 2025, and was adopted at a regular meeting held on the 6th day of May 2025, not being less than 5 days after the date of introduction thereof.

I further certify that the foregoing Ordinance was posted in three places within the City of La Quinta as specified in the Rules of Procedure adopted by City Council Resolution No. 2022-27.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California

DECLARATION OF POSTING
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify that the foregoing ordinance was posted on 7th of May 2025, pursuant to Council Resolution 2022-027.
_______________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: AUTHORIZE OVERNIGHT TRAVEL FOR ONE MAINTENANCE AND

OPERATIONS SUPERINTENDENT TO ATTEND THE CALIFORNIA STORMWATER QUALITY ASSOCIATION 2025 ANNUAL CONFERENCE IN PASADENA, CALIFORNIA, SEPTEMBER 14 – 16, 2025

RECOMMENDATION
Authorize overnight travel for one Maintenance and Operations Superintendent to attend the California Stormwater Quality Association 2025 Annual Conference in Pasadena, California, September 14-16, 2025.

EXECUTIVE SUMMARY
 The California Stormwater Quality Association (CASQA) Annual Conference is geared toward Stormwater Public Works decision makers and offers in-depth training and discussion on a variety of stormwater-related issues.  Participants will gain a better understanding of the tools and resources required and can network with staff and colleagues.
 The conference will feature thematic technical presentations, panel discussions, and training workshops, organized into multiple concurrent tracks over three days, presented by leading stormwater practitioners.

FISCAL IMPACT
Estimated expenses are $2,500 which includes lodging, registration, travel, and meals for one attendee. Funds are available in the fiscal year 2024/25 and 2025/26 Streets – Traffic Travel and Training budget (Account no. 101-7003-60320).

BACKGROUND/ANALYSIS
The CASQA Annual Conference offers a unique opportunity to interact with leading members of the stormwater community and practitioners for multiple days of in-depth training, discussions, and exhibits addressing a wide range of challenges and opportunities facing stormwater professionals in California.

CONSENT CALENDAR ITEM NO. 3
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The Maintenance and Operations Superintendent maintains city roads and storm drain inlets and outlets. This conference will provide additional resources and training to strengthen knowledge in best practices for maintenance.

ALTERNATIVES
Council may choose not to authorize this request; however, since this will provide further information and training, Staff does not recommend this alternative.

Prepared by: David Eastlick, Maintenance & Operations Superintendent Approved by: Tony Ulloa, Public Works Deputy Director
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: APPROVE PURCHASE OF (1) WATER PLAY STRUCTURE AND EQUIPMENT FROM VORTEX AQUATIC STRUCTURES INTERNATIONAL; (2) SHADE STRUCTURES FROM ICON SHELTER SYSTEMS, INC; AND (3) SEATS, BENCHES,

TABLES, AND BIKE STAND FROM SPRUCE AND GANDER, INC FOR THE FRITZ BURNS PARK IMPROVEMENTS PROJECT NO. 2021-02

RECOMMENDATION
Approve purchase of (1) water play structure and equipment from Vortex Aquatic Structures International; (2) shade structures from ICON Shelter Systems, Inc.; and (3) seats, benches, tables, and bike stand from Spruce and Gander, Inc. for the Fritz Burns Park Improvements Project no. 2021-02; and authorize the City Manager to sign related documents to complete the purchases.

EXECUTIVE SUMMARY
• Vortex Aquatic Structures International (Vortex), ICON Shelter Systems, Inc. (ICON), and Spruce and Gander, Inc. (S&G) are subconsultants to In-Site Landscape Architecture, Inc. (In-Site) who provides Master Planning Services for the Fritz Burns Park Improvements Project.
• Purchasing directly from the manufacturers, Vortex, ICON, and S&G, is most cost efficient.
• The proposed purchase from Vortex includes the water play structure, equipment, and installation materials.
• The proposed purchase from S&G includes custom seats, tables, benches, and bike stand.
• The proposed purchase from ICON includes the shade structures.

FISCAL IMPACT
The cost to purchase the water play structure is $201,938 (Attachment 1). The cost for the seats, tables, benches, and bike stand is $395,667 (Attachment 3). The cost for the shade structures is $458,938 (Attachment 5). The Capital Improvement Program (CIP) includes funding for this project in the amount of $8,350,000. There is sufficient funding in the project budget (2021-02) for these purchases as detailed in the table below, and funding for the direct purchases is being pulled from the Construction budget:

CONSENT CALENDAR ITEM NO. 4
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Total Budget*
Master Plan/Design $461,340
Project Management $60,000
Construction $6,090,256
Direct Equipment Purchase: $1,969,307
Inspection/Testing/Survey $125,000
Contingency $500,000
TOTAL $9,205,903
*Note: Staff is bidding the project prior to requesting additional funding.

BACKGROUND/ANALYSIS
In May 2022, following the competitive Requests for Proposals (RFP) procurement process, Council approved an agreement with In-site for master planning services for the Fritz Burns Park Improvements Project No. 2021-02; Vortex, ICON, and S&G are subconsultants to InSite.

In-Site requested that the City pay the cost for purchase of the water play structure, shade structures, and seats, tables, benches, and bike stand directly to Vortex, ICON, and S&G, respectively, instead of through the reimbursement clause in In-Site’s contract which allows for a 10% mark-up.

Purchasing of the water play structure, shade structures, and seats, tables, benches, and bike stand directly from the manufacturers will save on construction time and overall costs.

ALTERNATIVES
Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Vortex Quote

2. Vortex Select Source Form

3. S&G Quote

4. S&G Select Source Form

5. ICON Quote

6. ICON Select Source Form
Services
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QUOTE
Account Name: City of La Quinta Created Date: 3/26/2025 12:45 PM Project Name: 41414-Fritz Burns Park/LaQuinta/CA Quote Number: QUO-23538-W8H9C0 Project ID: 41414 Quote Name: QT - 41414 Fritz Burns VC Bill To Name: City of La Quinta
Bill To Address: 78495 Calle Tampico
La Quinta, CA 92253
United States
Contact Name: Ubaldo Ayon
Phone: 760-777-7051
Email: [email protected]
Everette Lathan
Email: [email protected]
Prepared By:

Elevation L3 304L Steel Grade
Twinsplash
Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6
Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada)
Email: [email protected] Website: vortex-intl.com
Vortex Aquatic Structures International, USA Office
3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: [email protected] Website: vortex-intl.com
ATTACHMENT 1
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QUOTE
Payment Terms
The following terms and conditions (the "Terms and Conditions") form part of the Purchase Contract (the "Purchase Contract) between yourself (the "Customer, and Vortex Aquatic Structures International and/or Vortex USA Inc. ("Vortex"). The Customer's acceptance and understanding of these Terms and Conditions and all other supporting documentation provided as part of this package is evidenced by signing of the Purchase Purchase Contract Terms & Conditions of Sales
Terms & Conditions
Products Payment Terms:

Total Summary
Customer Signature:

Products: 170,200.00
Transport: 16,575.00
Subtotal: 186,775.00
Tax: 15,
Total: 201,
Currency: US Dollar
Incoterm:

Enquire about our cooperative purchasing programs.

Thank you for doing business with us!
Pricing is valid for a period of 45 days.

Freight Charges
Please note: freight charge is an estimate and is subject to change without notice. Vortex reserves the right to adjust the freight charge quoted above. Should embed equipment be required ahead of scheduled delivery date, additional freight charges will apply.

Additional Information
Special Payment Terms: 100% before shipment
Exclusions: Kiddie Racer slide exit barrier shown not included in the base price (optional recommended item).

Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6
Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada)
Email: [email protected] Website: vortex-intl.com
Vortex Aquatic Structures International, USA Office
3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: [email protected] Website: vortex-intl.com
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QUOTE
Service & Support
Vortex standard lead times are up to 3-4 weeks for embeds, up to 6-8 weeks for Play Products, up to 10 weeks for Water Recirculation Contract, approved drawings, and all applicable color selections. Expected timing for order completion and shipment will be communicated to Vortex reserves the right to refuse a Customer s delivery date change request if a delivery date confirmation has been previously confirmed/communicated to the Customer. All fees related to the delivery will be the sole responsibility of the Customer and will be borne by them. Storage fees will be charged if the Customer is unable or unwilling to receive the product as per the dates communicated by Vortex. The All products will be packaged to mitigate damage during shipment. All shipments must be inspected upon delivery and any damage, errors or [email protected]
reserves the right to amend and modify the transportation costs based on the Customer Lead Times & Logistics
Unless otherwise specified in the Purchase Contract, payment by the Customer of the purchase price specified in the Purchase Contract (with production on the Customer's order. Any overdue balances are subject to interest charges of 1.5% per month.

Unless otherwise specifically stated, all sales taxes or any other personal property taxes, use taxes, duties, excises, levies or tariffs imposed by any government authority and incurred by Vortex through performance of the Purchase Contract will be the Customer's responsibility. Without limiting the generality foregoing, applicable taxes will be applied to all taxable goods arid services included in the Purchase Contract as amended from time to time. Customers are advised to consult with their financial and tax advisors to obtain further information regarding taxes applicable to their purchase.

Cheque, Wire Transfer, Irrevocable Letter of Credit or Credit Card (note: an administrative fee of 3.5% may apply to payments made via Except where title to the products contained in the Customer's order is explicitly transferred by Vortex to the Customer and the Purchase Price is paid in full, title to and right to possession of such products shall remain with Vortex until the Purchase Price and all sums due or Should the goods comprising the Customer's order be connected to the ground or real property or buildings because of foundations or Customer when the goods are delivered to the Customer or its agent or to a carrier for delivery to the Customer or its agent, whichever event shall first occur. In the event of where Vortex is suppling and installing goods, risk of loss of the goods shall pass to the Customer Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6
Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada)
Email: [email protected] Website: vortex-intl.com
Vortex Aquatic Structures International, USA Office
3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: [email protected] Website: vortex-intl.com
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QUOTE
The Customer has reviewed local codes and standards and has accepted the design and product specifications, including custom-designed The Customer agrees to pay on demand all expenses reasonably incurred by Vortex in efforts to collect the amounts owing under the Purchase Contract. The Customer shall pay reasonable legal costs (fees and disbursements), including fees incurred in both trial and appellate courts or Confidentiality: The design details and specifications of the products included in the Customer's order, including without limitation, fabrication drawings, samples, sketches, photographs, foundation drawings, approval drawings, shipping lists, manuals and any other technical details (collectively, the "Confidential Information"} supplied are the property of Vortex and are confidential. The Customer shall not, without prior written consent of Vortex, use the Confidential Information except in connection with the installation and operation of the goods supplied or Limitation of Liability: The aggregate liability of Vortex, its affiliates, and their respective employees, directors, officers, agents and contractors for any claim, whether in contract, tort (including negligence) or otherwise, for any loss or damage arising out of, connected with, or resulting from the manufacture, sale, delivery, installation, resale, repair, replacement or use of any product will in no case exceed the actual portion of the Purchase Price paid by the Customer for the Purchase Contract. In no event will the Vortex be liable for special, indirect, or consequential Vortex is not responsible for any damages to the Customer s environment and or landscaping as a result of its products. All modifications and alterations made to Vortex
Change Order request.

General Terms & Conditions
Unless otherwise specified, the following is excluded from Vortex purchase agreement price and responsibility: project management, project coordination, loading and unloading, onsite storage, installation services, permits and permit fees, local, state and or health department codes and approvals, OHSA documentation, onsite electrical work, electrical connections, onsite plumbing work and plumbing connections, bonding payment, geotechnical survey work, excavation & removal of materials, concrete surfacing, slab design and concrete footings.

Exclusions
Digital versions of operations and maintenance manuals will be provided at the later of either the delivery of the products or completion of the project installation. Vortex is not responsible for coordination the installation project unless otherwise specified in the Contract. The Customer is responsible for coordinating installation schedules with Vortex to ensure that the site is ready for Vortex products and services. Vortex reserves the right to charge the Customer and the Customer agrees to pay for any additional time or idle time on site and all additional expenses incurred as a result of the site not being ready for the planned services.

Vortex reserves the right to cancel supervision, installation start-up and commissioning services if Vortex deems the site unsafe or not ready.

The Customer is responsible for ensuring a safe working environment for any Vortex or contracted service technicians. Vortex reserves the right to bill the Customer for (and the Customer agrees to pay) any additional time on site as well as any additional expenses incurred as a Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6
Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada)
Email: [email protected] Website: vortex-intl.com
Vortex Aquatic Structures International, USA Office
3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: [email protected] Website: vortex-intl.com
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QUOTE
Vortex Aquatic Structures International, Corporate Headquarters 7800 9R 1C6
Tel: +1-514-694-3868 or 1-877-586-7839 (USA & Canada)
Email: [email protected] Website: vortex-intl.com
Vortex Aquatic Structures International, USA Office
3500 South Dupont Highway, Suite EP-101, Dover, DE 19901 Tel: +1 (704) 280-09271 or 1-877-586-7839 (USA & Canada) Email: [email protected] Website: vortex-intl.com
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SELECT/SOLE SOURCE JUSTIFICATION
Complete responses must be provided for all of the following items.

A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW:

1. Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid.

Examples of Single/Sole Source procurements include, but are not limited to:

Compatibility: The commodity or service matches existing brand of equipment for compatibility.

Replacement Part: The item is a replacement part for a specific brand of existing equipment.

Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids.

2. What market research was conducted to substantiate no competition, including evaluation of other items considered?
Provide a narrative of your efforts to identify other similar goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable.

The names and addresses of suppliers contacted and the reasons for not considering them must be included OR an explanation of why the survey or effort to identify other goods/services was not performed.

PRICE ANALYSIS:

How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison . For example, if the item/service has been purchased in the past, compare historical pricing.

Approved By
Sole or Select Source: Defined as any contract entered into without a competitive process, based on a justification that only one known source exists or that only one single supplier can fulfill the requirements. The requesting department is responsible for supplying written justification, approved by the department director or designee with signing authority for these purchases.

Select/Sole Source purchases may be made in a non-competitive manner only when in the best interest of the City and when the price is considered reasonable. Attach this form and other supporting documents if available, to the purchase Requisition.

ATTACHMENT 2
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ATTACHMENT 3
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SELECT/SOLE SOURCE JUSTIFICATION
Complete responses must be provided for all of the following items.

A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW:

1. Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid.

Examples of Single/Sole Source procurements include, but are not limited to:

Compatibility: The commodity or service matches existing brand of equipment for compatibility.

Replacement Part: The item is a replacement part for a specific brand of existing equipment.

Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids.

PRICE ANALYSIS:

ATTACHMENT 4
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Line Part # Description Qty Unit Price Net Price
1 10806 AC14X34.75-9K 4 49,900.00 199,600.00
Good Buy Contract Number 24-25 9B000
AC - Arbor (Curved) Width: 14.000 Length: 34.750
Steel (4) Column Design
Primary Roof: Straight Steel Slats

9.00' Eave Height
Curved Beams
Custom Steel Slat Size
ECoat/Powdercoat Included
ABK Included
Preliminary ID: 85920
Powder Coat (4) 0.00
Tax Estimate 17,453.00
2 Engineering Engineering - 10806 1 0.00 0.00
3 ABK Anchor Bolt Kit - 10806 4 0.00 0.00
Salesperson: Chad Barry
Job Location:

Payment Terms: N30
City of La Quinta
Attn: Ubaldo Ayon
78-495 Calle Tampico
La Quinta, CA 92253
USA
Customer:

City of La Quinta
Attn: Ubaldo Ayon
78-495 Calle Tampico
La Quinta CA 92253
Phone:
[email protected]
Fax:

Email:

QUOTE
Quote Number:30823F
Project Name:Fritz Burns Park
Date Quoted:3/28/2025
Quote Expires:5/27/2025
ATTACHMENT 5
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4 10808 MP24X46.5M-P3 3 46,300.00 138,900.00
Good Buy Contract Number 24-25 9B000
MP - Monoslope Width: 24.000 Length: 46.500
Steel (8) Column Design
Primary Roof: 24 ga Pre-Cut Multi-Rib Metal Roof
Roof Slope: 3:12

8.00' Eave Height
Large Overhang on Front of Shelter
ECoat/Powdercoat Included
ABK Included
Preliminary ID: 83618
Powder Coat (3) 0.00
Tax Estimate 12,185.00
5 Engineering Engineering - 10808 1 0.00 0.00
6 ABK Anchor Bolt Kit - 10808 3 0.00 0.00
7 11124 AR14X52-9K 1 66,500.00 66,500.00
Good Buy Contract Number 24-25 9B000
AR - Arbor (Straight) Width: 14.000 Length: 52.000
Steel (8) Column Design
Primary Roof: Straight Steel Slats

9.00' Eave Height
ECoat/Powdercoat Included
ABK Included
Preliminary ID: 84808
Powder Coat 0.00
Tax Estimate 5,800.00
8 Engineering Engineering 11124 1 0.00 0.00
9 ABK Anchor Bolt Kit - 11124 1 0.00 0.00
10 PRODPACK Production Package - 10806 1 0.00 0.00
11 PRODPACK Production Package - 10808 1 0.00 0.00
12 PRODPACK Production Package - 11124 1 0.00 0.00
QUOTE
Quote Number:30823F
Project Name:Fritz Burns Park
Date Quoted:3/28/2025
Quote Expires:5/27/2025
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Total:

Freight Charge:

Grand Total:
18,500.00
458,938.00
Tax: 0.00
Customer Approval Signature
440,438.00
All ICON quotes are subject to change after the quote expiration date, even if the project has been ordered. The quote can be revised until the order has been released into fabrication and assigned a ship date.

ICON requires a 50% deposit on projects exceeding $80,000 Quote does not include any state or local sales taxes.

Sales tax will be added to the order if required.

Defects to the underside of the metal panel including scratching, uneven color, discoloration, wear marks are not covered under Icons warranty. *Icon may issue a credit for the anchor bolts if a customer specified foundation design or anchor system is substituted for Icon's standard Pier or Spread Footing. The credit will be based on Icon's Anchor Bolt cost.

QUOTE
Quote Number:30823F
Project Name:Fritz Burns Park
Date Quoted:3/28/2025
Quote Expires:5/27/2025
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SELECT/SOLE SOURCE JUSTIFICATION
Complete responses must be provided for all of the following items.

A. THE PURCHASE REQUEST IS RESTRICTED TO ONE VENDOR FOR THE REASONS STATED BELOW:

1. Why is the purchase of goods or services restricted to this vendor? Explain why the purchase cannot be competitively bid.

Examples of Single/Sole Source procurements include, but are not limited to:

Compatibility: The commodity or service matches existing brand of equipment for compatibility.

Replacement Part: The item is a replacement part for a specific brand of existing equipment.

Emergency: URGENT NEED for the item or service does not permit soliciting competitive bids.

PRICE ANALYSIS:

ATTACHMENT 6
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTION TO REQUEST COUNTY OF RIVERSIDE

PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE FAMILY DWELLINGS ON TAX ROLLS FOR FISCAL YEAR 2025/26

RECOMMENDATION
Adopt a Resolution to request the County of Riverside place collection costs for solid waste handling services for single-family dwellings on the tax rolls for fiscal year 2025/26.

EXECUTIVE SUMMARY
 In 2016, the Governor of California approved Senate Bill 1383 [Stats. 2016, Ch. 395, SB 1383 Lara] (SB 1383) related to short-live climate pollutants, such as black carbon, fluorinated gases, and methane, which included target goals for the reduction in the level of statewide disposal of organic waste in order to reduce methane emissions, which went into effect January 2022 requiring cities to provide organics recycling services to all residents and businesses.  In 2022 and 2023, Council approved the Amended and Restated Agreement (Agreement) and subsequent Amendment No. 1 with Burrtec Waste and Recycling Services, LLC (Burrtec) for waste handling, recycling, organics, and household hazardous waste services in the City, which included property tax roll billing for residential customers.
 On June 4, 2024, Council adopted Resolution No. 2024-021 approving Amendment No. 2 to the Agreement, implementing the procurement of a certain amount of qualifying compost and mulch as required by SB 1383.  The County Tax Assessor requires Council to annually adopt a resolution requesting that the cost of solid waste collection services be placed on the residential tax rolls.

FISCAL IMPACT - None

BACKGROUND/ANALYSIS
On May 17, 2022, Council adopted Resolution No. 2022-013, approving the current operative exclusive franchise Agreement with Burrtec for solid waste handling, recycling, CONSENT CALENDAR ITEM NO. 5
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organics, and household hazardous waste services, which includes property tax roll billing for residential customers. On June 6, 2023, Council adopted Resolution No. 2023-014, approving Amendment No. 1 to the Agreement and amending “Section 8.6.8 Acceptance of Recyclable Materials and Household Hazardous Waste,” which added collection of household hazardous waste.

In 2016, the Governor of California approved SB 1383 related to “Short-lived climate pollutants: methane emissions: dairy and livestock: organic waste: landfills, which went into effect January 2022, and required cities to provide organics recycling services to all residents and businesses, and included target goals for the reduction in the level of statewide disposal or organic waste to reduce methane emissions.

On June 4, 2024, Council adopted Resolution No. 2024-021, approving Amendment No. 2 to the Agreement which amended “Section 8.18 Provision for Recovered Organic Waste Product” and implemented the procurement of a certain amount of qualifying compost and mulch as required by SB 1383, assisting the City with ensuring compliance with this State mandate. Burrtec is able to maintain lower rates during the Agreement term and reduce the impact of added costs from the mandatory implementation of SB 1383.

The City’s Agreement with Burrtec stipulates that the costs of solid waste collection, handling, and street sweeping services for single-family dwellings will be collected through tax rolls. Section 24 of the Agreement specifies that Burrtec can adjust the rates per the Consumer Price Index annually and pass along any increases from the Transfer Station.

The table below details the proposed rates for fiscal year 2025/26 (Attachment 1). These service costs are not subject to Proposition 218 (which provides that all taxes and most charges are subject to voter approval) because the rates are reasonably related to the cost of services provided.

Single-Family Dwelling 2024/25 Rate
(existing)
2025/26 Rate
(proposed)
Service Component* $18.42/month $19.61/month
Disposal Component $7.36/month $7.67/month
AB 939 Fee $0.10/month $0.10/month
Total Rate $25.88/month
$310.56/year
$27.38/month
$328.56/year
Additional Residential Services 2024/25 Rate
(existing)
2025/26 Rate
(proposed)
Additional Refuse Cart $9.16/month
$109.92/year
$9.39/month
$112.68/year
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Backyard Service for 3 containers $16.31/month
$195.72/year
$16.72/month
$200.64/year
Backyard Service additional container $3.22/month
$38.64/year
$3.30/month
$39.60/year
PGA 2nd Pick-up Day $16.74/month
$200.64/year
$17.23/month
$206.76/year
Surcharge for Homeowners Association
desiring Monday service
10% of Service
Component
10% of Service
Component
*Service Component increase is comprised of – $0.37 CPI adjustment; $0.80 phasing in SB 1383; $0.02 household hazardous waste fee.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Gil Villalpando, Director of Business Unit and Housing Development Approved by: Jon McMillen, City Manager
Attachment: 1. Waste Handling Service Rates – effective July 1, 2025 51 CLICK HERE to Return to Agenda
RESOLUTION NO. 2025 – 0XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA

QUINTA, CALIFORNIA, REQUESTING THE COUNTY OF

RIVERSIDE TO PLACE COLLECTION OF COSTS FOR SOLID

WASTE HANDLING SERVICES AT SINGLE- FAMILY

DWELLINGS ON THE TAX ROLLS
WHEREAS, the La Quinta City Council wishes to ensure the uniform collection of rates for solid waste handling services at single-family dwellings and place collection thereof on the County of Riverside Tax Assessor’s Tax Rolls; and WHEREAS, the attached “Exhibit A” sets forth the maximum rates that may be collected for solid waste handling services at single-family dwellings in the City of La Quinta pursuant to a franchise agreement with an Effective Date of July 1, 2022, entitled “Amended and Restated Agreement Between The City of La Quinta and Burrtec Waste and Recycling Services, LLC, for Solid Waste Handling Services” (Agreement), as amended by that certain Amendment No. 1 to the Agreement, dated July 1, 2023, and Amendment No. 2 to the Agreement, dated July 1, 2024; and WHEREAS, the City of La Quinta has determined that applicable provisions, if any, of Proposition 218 (Articles XIII C and XIII D of the California Constitution) have been satisfied in connection with the matters addressed by the Resolution.

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

SECTION 1. The City Council hereby requests the Riverside County Tax Assessor to place collection of costs for solid waste handling services at single-family dwellings in the City on the County’s tax rolls as set forth by “Exhibit A,” attached hereto and incorporated by this reference.

PASSED, APPROVED, and ADOPTED at a regular meeting of the La Quinta City Council held on this 6th day of May 2025 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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Resolution No. 2025 – 0XX
Residential Waste Fee Schedule on Tax Roll for Fiscal Year 2025/26 Adopted: May 6, 2025

Page 2 of 3 ends

________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
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Resolution No. 2025 – 0XX
Residential Waste Fee Schedule on Tax Roll for Fiscal Year 2025/26 Adopted: May 6, 2025

Page 3 of 3 ends

EXHIBIT A
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ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: APPROVE MEMORANDUM OF UNDERSTANDING WITH GREATER COACHELLA VALLEY CHAMBER OF COMMERCE FOR FISCAL YEAR 2025/26

RECOMMENDATION
Approve a Memorandum of Understanding with the Greater Coachella Valley Chamber of Commerce for fiscal year 2025/26; and authorize the City Manager to execute the document.

EXECUTIVE SUMMARY
 Since 1991 the City has partnered with the La Quinta Chamber of Commerce or the Greater Coachella Valley Chamber of Commerce (Chamber) to support business development, retention, and tourism.
 The Chamber provides professional promotional services for City sponsored events, business engagement, and the publication of The Gem magazine, which is distributed monthly to residents in La Quinta both printed and digitally.  The proposed Memorandum of Understanding (MOU) (Attachment 1) is for a 1-year term from July 1, 2025, through June 30, 2026, for a total of $177,399.

FISCAL IMPACT
Funds will be allocated for Chamber services in the Marketing & Tourism Promotions account (101-3007-60461) and from AB 939 Recycling Solutions accounts (221-0000- 60127) for fiscal year (FY) 2025/26. The fiscal impact is as follows:

Chamber Services FY 2025/26
State of the City $ 22,500
Hot Rod & Custom Car Show $ 12,750
Business Engagement $ 8,000
The Gem Publication $133,089
The Gem Digital Version $ 1,000
TOTAL $177,339
Allocation of funds is as follows:
 Marketing & Tourism Promotions account (101-3007-60461) = $153,339 o Options would be allocated under Marketing & Tourism account  AB 939 Recycling Solutions account (221-0000-60127) = $24,000 CONSENT CALENDAR ITEM NO. 6
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BACKGROUND/ANALYSIS
The City and the Chamber have a long-standing partnership, since 1991, to support business development, retention, and tourism. The Chamber provides professional promotional services for City sponsored events, business engagement, and the publication of The Gem magazine, which is distributed monthly to residents in La Quinta both printed and digitally.

The proposed MOU outlines the events and services for FY 2025/26 as follows:

1. The Gem magazine – includes exclusive City content and educational material related to Senate Bill 1383 (Stats. 2016, CH. 395, Lara) related to organics recycling regulation. The City reserves the option to purchase ad space with exclusive pricing as outlined in the MOU.

2. State of the City event – staged by the Chamber and designed by City staff which includes presentations by Mayor and Council of City progress and on-going development efforts, presentation of business awards agreed upon by both the City and Chamber.

3. Title sponsorship of the annual Hot Rod & Custom Car Show – includes 80-150 vehicle entries, 8-25 food/retail vendors and alcohol sales and live entertainment. The City’s title sponsorship includes event materials branding (both print and digital), press release inclusion, and drive market promotion (in San Diego and Orange Counties).

4. Business development and outreach services such as:
 Ombudsman-like Services
 Strategic Advertising/Public Relations (PR)
 Regional Investment
 Workforce and Business Development
 Data Collection of City's Businesses
 Minimum of (10) in-person business connect type meetings per month  (2) Business education workshops per year for businesses On April 15, 2025, Council considered the MOU and continued the item to the May 6, 2025, regular meeting as the proposed MOU inadvertently omitted the City’s obligations detailed in Exhibit B of the MOU, and to include language in the MOU terms regarding restrictions for use of public funds for election-related activities.

ALTERNATIVES
Council may choose to make modifications to the scope of services and/or funding levels.

Prepared by: Marcie Graham, Marketing Manager
Approved by: Gil Villalpando, Director
Attachment: 1. Memorandum of Understanding with the Chamber 66 CLICK HERE to Return to Agenda

MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF LA QUINTA AND

GREATER COACHELLA VALLEY CHAMBER OF COMMERCE
This Memorandum of Understanding ("MOU") is made by and between the CITY OF LA QUINTA, a California municipal corporation ("CITY"), and GREATER COACHELLA VALLEY CHAMBER OF COMMERCE ("CHAMBER" and, along with CITY, sometimes referred to as the "parties"), with respect to the following:

RECITALS
WHEREAS, the CITY, in strategically advancing its interests, requires certain professional promotional services rendered in coordination with the local business community; and WHEREAS, the CHAMBER is qualified by virtue of experience, training, education, product offering, and expertise to provide these services, and has agreed to provide same as reflected herein.

NOW THEREFORE, CITY and CHAMBER agree to the following:

1.0 TERM OF MEMORANDUM.

1.1 All recitals set out above are true and correct.

1.2 The Term of this MOU shall be for a period of 1 (one) year commencing on July 1, 2025, through June 30, 2026. This MOU may be terminated at any time by any of the parties to the MOU with a 30 (thirty) day written notice to the remaining party.

2.0 OBLIGATIONS OF THE CHAMBER

2.1 The CHAMBER will provide the services listed on Exhibit A, attached and incorporated (“CHAMBER obligations”).

2.2 Notwithstanding any other provisions in this MOU, the CHAMBER shall not use, nor may the CHAMBER authorize the use of, any funds or other subsidy (of whatever kind) provided by the CITY pursuant to this MOU or any other agreement with the CITY, including but not limited to any funds or other subsidies provided by the CITY for the “CHAMBER obligations” listed in Exhibits A and “CITY obligations” listed in Exhibit B, to advocate to any person or entity (of whatever organization whatsoever, including but not limited to, sole proprietors, unincorporated associations, limited liability companies, corporations, businesses and public agencies) a position or vote either in favor of or against any candidate for an elected office or a measure placed on the ballot for any election, including but not limited to any ballot measure to be voted upon during the statewide general election. It is expressly understood and agreed by the CHAMBER that, pursuant to California law, public resources may not be used to advocate or “mount a campaign” in favor of or against a candidate for elected office or a ballot measure.

ATTACHMENT 1
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2.3 If the CHAMBER uses or is alleged to have used, or authorizes the use of or allegedly authorizes the use of, any funds or any other subsidy (of whatever kind) provided by the CITY in violation of Section 2.2 above, the CHAMBER shall: (a) Immediately cease and desist from continuing the violation or alleged violation of Section 2.2 above, (b) Immediately use other funds or subsidies that are not provided by the CITY to pay for or otherwise subsidize the services rendered that are, were, or alleged to have been in violation of Section 2.2 above, (c) Immediately, without reservation or rights or delay, return to the CITY any and all funds and other subsidies provided by the CITY for the services rendered that are, were, or alleged to have been in violation of Section 2.2 above, and (d) Refrain from performing under this MOU, including but not limited to refraining from performing the “CHAMBER obligations” listed in Exhibits A, unless and until the CHAMBER complies with this Section 2.3 and the CITY authorizes in writing the continuance of performance under this MOU. The CITY shall have no obligation to provide any funds or other subsidies (of whatever kind) under this MOU or any other agreement with the CITY unless and until any violation or alleged violation of Section 2.2 above has been cured as determined by the CITY in its reasonable discretion. The CITY shall have all rights and remedies available at law or in equity, including but not limited to declaratory and injunctive relief, as well as the rights available under this MOU, including but not limited to the indemnity provided in Section 4.0 below, to enforce the provisions herein. In addition to the other provisions in this MOU, this Section and Section 2.2 shall survive the termination or expiration of this MOU.

3.0 OBLIGATIONS OF THE CITY. CITY will provide the services listed on Exhibit B attached and incorporated (“CITY obligations”).

4.0 MUTUAL INDEMNITY AND RELEASE. The CITY and CHAMBER each hereby agree to indemnify, defend, and hold harmless the other party and its officers, employees, agents, and authorized volunteers (collectively, “Indemnitees”) from and against any and all claims, causes of action, obligations, losses, liabilities, judgments, or damages, including reasonable attorneys' fees and costs of litigation (collectively “Claims”) arising out of and/or in any way relating to the indemnifying party's activities in the performance of this MOU, or to the indemnifying party's acts and/or omissions in providing or administering the same, excepting only those Claims arising out of the sole negligence or willful misconduct of the Indemnitees. This MOU is not intended to and specifically does not create joint and several liability.

5.0 INSURANCE. The parties agree to provide insurance in accordance with the provisions of this section.

5.1 CITY'S Insurance Obligation. Without limiting the indemnification provisions provided herein, CITY, at its sole expense, shall obtain and keep in force during the term of this MOU and any extensions thereof, a policy or policies of general liability insurance, or equivalent thereof, covering all injuries to persons and damage to property resulting from any actions or omissions of the CITY in accordance with the terms of this MOU. Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. At the CITY's option, CITY shall be allowed to self- insure the insurance coverage as required above.
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5.2 CHAMBER'S Insurance Obligation. Without limiting the indemnification provisions provided herein, CHAMBER, at its sole expense, shall obtain and keep in force during the term of this MOU and any extensions thereof, a policy or policies of general liability insurance covering all injuries to persons and damage to property resulting from any actions or omissions of CHAMBER in accordance with the terms of this MOU. The policy or policies evidencing such insurance shall be endorsed to name the CITY, its officials, officers, employees, and agents as additional insured, shall provide that same may not be cancelled or amended without thirty (30) days prior notice to CITY, and shall provide for a combined single limit coverage of bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000). Such policy or policies shall be issued by an insurance company licensed to do business in the State of California and be rated A-/VIII or better by ambest.com. Prior to the Commencement Date of this MOU, and upon renewal of such policies, CHAMBER shall submit to CITY certificates of insurance and any applicable endorsements evidencing that the foregoing policy or policies are in effect.

6.0 ADDITIONAL PROVISIONS.

6.1 In all cases, the language in all parts of this MOU shall be construed according to its fair meaning and not strictly for or against either party, if being agreed that the parties or their agents have all participated in the preparation of this MOU.

6.2 This MOU contains the entire agreement of the parties with respect to the subject matters identified in this MOU and supersedes any prior oral or written statements or agreements between the parties with respect to the subject matters identified in this MOU.

6.3 No termination or expiration of this MOU shall release either party from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination or expiration of this MOU.

6.4 In the event either party brings any suit or other proceeding with respect to the subject matter or enforcement of this MOU, the prevailing party (as determined by California law) shall, in addition to such other relief as may be awarded, be entitled to recover reasonable attorneys' fees, expenses and costs of suit or investigation as actually incurred (including, without limitation, reasonable attorneys' fees, expenses, and costs incurred in establishing the right to indemnification).

6.5 No waiver of any term or condition of this MOU shall be a continuing waiver thereof.

6.6 This MOU is not intended to and does not create any partnership or joint venture between the parties, and each party remains an independent contractor as to the other. Each party shall bear its own liability and there is no joint and several liability as a result of this MOU. [signatures on following page]
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IN WITNESS WHEREOF, the parties have executed this MOU as of the dates stated below.

CITY OF LA QUINTA,
a California Municipal Corporation

JON McMILLEN, City Manager
City of La Quinta, California
Dated:

GREATER COACHELLA VALLEY

CHAMBER OF COMMERCE

BRANDON MARLEY, President
Dated:

ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:

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

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EXHIBIT A
Obligations of CHAMBER
The CHAMBER will provide the services at the rates listed below:

1. The Gem Newsletter
a. Community Newsletter with circulation by mail to residences and businesses within La Quinta with a monthly frequency and includes digital format and distribution (i.e. email blasts, social media)
b. City reserves the option to purchase ad space with exclusive pricing that includes:
 (9) Months at: $110,088
 36 Pages
 Qty. 21,000 & Bulk Mail/Addressing
 (3) Months at: $23,001
 32 Pages
 Qty. 16,000 & EDDM Postage
 Digital Version: $1,000

2. State of the City - $22,500
a. Presentation by Mayor and Council of city progress and on-going development efforts. b. Mayor and Council will also present business awards as determined by a process agreed to by both parties.
c. Chamber will stage this annual event; City staff will design and approve format and content

3. Annual Hot Rod & Custom Car Show Sponsorship – $12,750 a. Community Event: annual car show at La Quinta Community Park. b. Projected event parameters include:
 80-150 vehicle entries;
 8-25 food/retail vendors and alcohol sales;
 Live entertainment during the event; and
 6 perimeter speakers
c. City Title Sponsorship, which includes: event materials branding (both print and digital), press release inclusion, and drive market promotion (in San Diego and Orange Counties)
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Exhibit A

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Business Development - $8,000
d. Business outreach/services:
 Ombudsman-like Services
 Strategic Advertising/PR
 Regional Investment
 Workforce and Business Development
 Data Collection of City's Businesses
 Minimum of (10) in-person business connect type meetings per month  (2) Business education workshops per year for businesses CHAMBER shall submit monthly invoices to CITY. Such invoices shall be reviewed by a principal member of CHAMBER specifying that the payment requested is for work performed in accordance with the terms of this MOU. CITY will pay CHAMBER for all expenses stated thereon which are approved by CITY and in accordance with this MOU no later than thirty (30) days after invoices are received by the CITY.

GRAND TOTAL: $177,339.
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Exhibit B

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EXHIBIT B
Obligations of CITY
The City shall provide all services listed below in-kind only, and no additional fees or charges have been agreed upon or associated with these services.

1. The Gem Publication:
 Twelve (12) months where CITY information will be featured  Provide content and articles for six (6) pages at the sole discretion of the CITY  Add monthly GEM publication links to the municipal website (www.laquintaca.gov) and tourism website (www.playinlaquinta.com)

2. State of the City:
 City would provide and design concept and theme of program  City would promote and market on social media platforms as well as municipal website and tourism website

3. Annual Hot Rod & Custom Car Show:
 Provide promotion as a calendar item on municipal and tourism website and will "share" event on social media platforms
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: APPROVE ALPHA MEDIA MARKETING SERVICES FOR FISCAL YEAR 2025/26

RECOMMENDATION
Approve Alpha Media marketing services for fiscal year 2025/26; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 Alpha Media is a broadcast company providing media, entertainment, and digital marketing solutions.
 The City has utilized Alpha Media’s services for radio and digital advertising to educate and inform the community on IRONMAN 70.3 event and to ensure compliance with AB 1383 through Cal Recycle for mandatory education on recycling and composting.

FISCAL IMPACT
The total not to exceed amount for this agreement for fiscal year (FY) 2025/26 is $86,476 as detailed below.

The cost for Alpha Media’s IRONMAN campaign is $26,475. Funds will be budgeted in the FY 2025/26 Community Experiences account 101-3003-60149; costs have remained consistent with the FY 2024/25 campaign.

The cost for Alpha Media’s Recycling Education campaign is $60,001, which includes both radio and connected television ads. Funds will be budgeted in FY 2025/26 AB 939 Recycling Solutions account 221-0000-60127.

BACKGROUND/ANALYSIS
The City has previously contracted with Alpha Media for radio, connected TV, and digital marketing services to inform the community on IRONMAN, as well as recycling education.

The proposed agreement will include a full year of services for the recycling and connected tv campaign; as well as continue the IRONMAN event information.

CONSENT CALENDAR ITEM NO. 7
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This campaign will bring the total for the services to $86,476 for fiscal year 2025/26.

ALTERNATIVES
Council may elect not to expand Alpha Media promotion services. Staff does not recommend an alternative action.

Prepared by: Marcie Graham, Marketing Manager
Approved by: Gilbert Villalpando, Director of Business Unit & Housing Attachments: 1. Alpha Media IRONMAN Proposal

2. Alpha Media Recycling Radio/OTT Proposal
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PRESENTED BY
Dayna Buompensiero
March 19th, 2025
ATTACHMENT 1
IRONMAN Proposal
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Approved__________________________________________________ Date________ Business_________________Address______________City________State___Zip_____ Start date _______________________ End date ___________________________ Advertiser may cancel this agreement upon 14 days prior notice.

Radio Schedule: 09/22 -10/5, 10/13 - 10/26 and 11/10 - 12/7 (Monday - Sunday 7A-8P) ● 25 Thirty second commercials per week on 93.7 KCLB
● 25 Thirty second commercials per week on 98.5 The Bull ● 25 Thirty second commercials per week on 107.3 MOD
● 25 Thirty second commercials per week on 106.9 The Eagle ● 25 Thirty second commercials per week on U92.7
● 25 Thirty second commercials per week on 103.9 ESPN
● 25 Thirty second commercials per week on 94.3 KNWZ
● 25 Thirty second commercials per week on Mix 100.5
● 15 Fifteen second PSA’s per week per station reminding people to check the map online for road closures and upcoming date of event ● On air interview
Digital Schedule: 09/30 - 12/07
● Rotating banner ads on all Alpha Media station websites with link to URL and map posted with Iron man route ● Mobile campaign - Mobile to social and targeted display advertising and performance tv (OTT/CTV) ○ polygon select gyms, athlete races, other fitness competitions pull a lookback on all locations ○ create lookalike audience from captured device ID’s
○ Utilize fitness/health & wellness audiences in the Coachella Valley ○ Mobile retargeting
○ Social strategy - upload captured device ID list into FaceBook and Instagram, reach those individuals through their social profiles ○ Target audience on social - fitness junky, ironman, marathons, racing, crossfit, extreme sports, cycling, healthy lifestyle, active lifestyle, etc. ○ Place a FaceBook retargeting pixel
TOTAL INVESTMENT: $26,475
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July 1st, 2025 - June 28th, 2026
• You choose the two stations.
• 160x + 160x Paid thirty second commercials on two radio stations of your choice. • 160x + 160x + 160x Bonus thirty second commercials on three additional stations of your choice.
• 800x Total
Digital (OTT) Campaign
• Connected Television Ad Delivery including OTT Ad Delivery - 38,512 HH per month Total Annual Contract: $60,001 (Recycling Radio Ads & Digital OTT Ads) Approved____________________________Date____________Start: 07/01/25 End:06/28/26 *Commercials will be scheduled Monday through Sunday 6a-10p.

Stations: U92.7, 93.7, 106.9,100.5 and 98.5
● pricing based on a 4 week month
City of La Quinta
Recycling Campaign
ATTACHMENT 2
Recycling Radio/OTT Education Proposal
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH

TRITON TECHNOLOGY SOLUTIONS, INC FOR ANNUAL SUBSCRIPTIONS,

MAINTENANCE AND SUPPORT SERVICES FOR CABLECAST TECHNOLOGY

SYSTEM TO RECORD, STREAM, AND ARCHIVE PUBLIC MEETINGS VIDEOS

RECOMMENDATION
Approve Agreement for Contract Services with Triton Technology Solutions, Inc. for annual subscriptions, maintenance and support services for Cablecast technology system to record, stream, and archive public meetings videos; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 The City has video streamed Council meetings since 2015, and began streaming Commission meetings in 2020 due to COVID-19 pandemic.
 In 2024 the City contracted with Triton Technology Solutions, Inc. (Triton) to implement Cablecast technology system to record, stream, host, and archive public meeting videos, including closed captioning and translation services.  The proposed Agreement for Contract Services (Attachment 1) with Triton will provide the necessary annual subscriptions, as well as maintenance and support services related to the Cablecast system.

FISCAL IMPACT
Estimated costs are $100,000 for the life of the agreement, which includes an initial 5- year term, and an optional 2-year term extension. The total includes a $20,000 contingency for system customizations and improvements, and unanticipated hardware/software replacement, upgrades, or repairs. Annual system subscription costs for hardware, warranty, maintenance and support, repairs, closed captioning and translation service are estimated at $80,000. Funds are available in fiscal year (FY) 2024/25 Maintenance Agreements Account No. 502-0000-60300; future FY expenses will be budgeted in accordance with the agreement.

CONSENT CALENDAR ITEM NO. 8
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BACKGROUND/ANALYSIS
In 2015, following a request for proposals (RFP) competitive procurement, the City upgraded the audio and visual (AV) control system in the Council Chamber, which was installed in 1993 when the building was constructed.

Following the upgrade, in September 2015, the City contracted with Fisher Integrated, Inc. (Fisher), formerly 12-Miles Out, to provide recording, livestreaming, and archival of Council meetings videos, and related maintenance and support services.

In April 2020, the City expanded Fisher’s scope of services to capture all public meetings, including City boards and commissions, to ensure transparency and facilitate virtual public participation required due to the COVID-19 pandemic, which triggered the declaration of statewide and local emergencies in March 2020 and resulted in the temporary closure of public facilities.

The City has continued to record, livestream, and archive all public meetings after the reopening of public facilities as citizens have become accustomed to these services, which also offer closed captions in English.

The Chamber AV system was upgraded again in 2022 by Triton who was awarded the contract following an RFP in 2021.

On February 26, 2024, Fisher provided notification that it will not be renewing its contract with the City upon its expiration on June 30, 2024. Contract costs for the last 5 years of Fisher’s services ranged between $20,000 and $24,000 per year, as costs were dependent on the number of public meetings held.

In line with the City’s Purchasing Policy, staff solicited proposals and evaluated several public meeting video service options based on features, accessibility, and cost – AV Capture All, CivicPlus, Cablecast, and two Granicus products. Granicus offered fully outsources solutions, but were most expensive at 40,000 to $60,000 annually. AV Capture All and CivicPlus were more affordable at around $8,000 per year, but required significant in-house staff work, including re-indexing the City’s existing 350+ video archive.

Cablecast emerged as the only option offering automated transfer and indexing of the video archive, and full ownership and control ensuring long-term stability and eliminating the need to having to transfer or index it again in the future if the service provider changes.

On April 2, 2024, Council approved an agreement with Triton to implement Cablecast which required an authorized reseller, such as an AV company, and also had to be integrated with the City’s AV system in order to allow staff to self-administer these services; the implementation was completed in June 2024, and the system went live in July 2024.
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Cablecast public meeting video streaming, recording, and archiving services are subscription based, annually, or for a set period of time or hours; and offers closed captions in English and Spanish.

The proposed agreement with Triton, for a not to exceed amount of $100,000, will provide Cablecast system subscriptions, hardware, warranty, maintenance and support, repairs, closed captioning and translation services, etc., for a 5-year initial term, effective May 16, 2025, through June 30, 2030, with an optional 2-year extension. Services and pricing details are listed in Exhibit A – Scope of Work to the agreement as follows:
 CBL-PLATNUM-2 – annual support subscription
 CBL-REFLECT-PLUS – annual cloud-based storage
 CBL-REFLECT-PLUS-ADD-TB – additional cloud-based storage at 1-TB (terabyte)
 CBL-CLOSED CAPTION-1,000 – 1,000-hour block of Cablecast closed captioning service, which offers livestream captioning
 CBL-CLOSED CPATION-TRANSLATE-1,000 – 1,000-hour block of Cablecast closed captioning translation services, which supports 72 different languages  CBL-VIOSTREAM-PRO-HA – annual hardware warranty
Cablecast re-occurring annual system costs average $10,000 to $15,000 based on quotes provided for the above listed services.

ALTERNATIVES
Council may elect not to approve this agreement or approve the agreement with modifications; however, as the City contracts with Triton for AV maintenance and support services, utilizing the same consultant will ensure continuity of services, thus, staff does not recommend these alternatives.

Prepared by: Monika Radeva, City Clerk
Approved by: Jon McMillen, City Manager
Attachment: 1. Agreement with Triton for maintenance and support of Cablecast technology for recording, streaming, and archiving videos of public meetings.
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Triton Technology Solutions, Inc., with a place of business at 32234 Paseo Adelanto, Suite E-1, San Juan Capistrano, CA 92675 (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Cablecast system hardware, warranty, annual subscriptions, maintenance and support, repairs, closed captioning and translation services for recording, streaming, and archiving videos of public meetings, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

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

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

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

ATTACHMENT 1
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1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

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

1.6 Standard of Care. Contracting Party acknowledges and understands that the Services contracted for under this Agreement require specialized skills and abilities and that, consistent with this understanding, Contracting Party’s work will be held to an industry standard of quality and workmanship. Consistent with Section 1.5 hereinabove, Contracting Party represents to City that it holds the necessary skills and abilities to satisfy the industry standard of quality as set forth in this Agreement. Contracting Party shall adopt reasonable methods during the life of this Agreement to furnish continuous protection to the Services performed by Contracting Party, and the equipment, materials, papers, and other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 85 CLICK HERE to Return to Agenda
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Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

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

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Thousand Dollars ($100,000), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum, except as provided in Section 1.7 of this Agreement.

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this 86 CLICK HERE to Return to Agenda
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Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.1 Time of Essence. Time is of the essence in the performance of this Agreement. If the Services not completed in accordance with the Schedule of Performance, as set forth in Section 3.2 and “Exhibit C”, it is understood that the City will suffer damage.

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

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

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 16, 2025, and terminate on June 30, 2030 (“Initial Term”). This agreement may be extended for two (2) additional years upon mutual agreement by both parties (“Extended Term”), and executed in writing.
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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) Kristen Tetherton, President
Telephone No.: (949) 388 – 3919
Email: [email protected]
(b) Brian Rose, Chief Technology Officer
Telephone No.: (760) 285 – 7759
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 Monika Radeva, City Clerk or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved 88 CLICK HERE to Return to Agenda
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transfer shall release Contracting Party of any liability hereunder without the express consent of City.

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

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

4.5 Identity of Persons Performing Work. Contracting Party represents that it employs or will employ at its own expense all personnel required for the satisfactory performance of any and all of the Services set forth herein. Contracting Party represents that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.
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4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

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

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

6. INDEMNIFICATION.

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

7. RECORDS AND REPORTS.

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

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and 90 CLICK HERE to Return to Agenda
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enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

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

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

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

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

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

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

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

8. ENFORCEMENT OF AGREEMENT.

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

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long 92 CLICK HERE to Return to Agenda
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as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

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

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

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

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

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

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services 93 CLICK HERE to Return to Agenda
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authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

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

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

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

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.1 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Contracting Party, or any successor in interest, in the event or any default or breach by City or for any amount which may become due to Contracting Party or to its successor, or for breach of any obligation of the terms of this Agreement.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 94 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
Attn: Monika Radeva, City Clerk
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

Triton Technology Solutions, Inc.

Attn: Kristen Tetherton
32234 Paseo Adelanto, Suite E-1
San Juan Capistrano, CA 92675

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

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

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
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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:

TRITON TECHONOLOGY SOLUTIONS, INC.

Kristen Tetherton, President
Dated: __________________________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:

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

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Exhibit A
Scope of Services

1. Services to be Provided:

Cablecast system hardware, warranty, annual subscriptions, maintenance and support, repairs, closed captioning and translation services for recording, streaming, and archiving videos of public meetings, including but not limited to:

EXPLANATION OF SERVICES
CBL-PLATINUM-2 – annual support subscription for 2 I/O systems, which includes afterhours support; overnight loaner shipment; upgrade assistance for software releases; shadow server support; Active Directory Support; and 2 hours of training per year; and premium features only available with Gold or Platinum Assurance.

CBL-REFLECT-PLUS – annual cloud-based REFLECTion service with cloud-based storage and delivery operating in conjunction with both Cablecast Live and Cablecast VOD software. Content is pushed to RELECT+ eliminating the need to open a port in the City’s Firewall. Services include full closed captioning text search with video indexing; annual branded OTT and Mobile App renewal fees; 2-TB of storage; serves virtually unlimited number of live and VOD streams over the web, OTT. 98 CLICK HERE to Return to Agenda
Exhibit A

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CBL-REFLECT-PLUS-ADD-TB – additional cloud-based storage at 1-TB (terabyte), beyond the 2-TB automatically provided with the system for Cablecast Reflect Plus.

CBL-CLOSED CAPTION-1,000 – 1,000-hour block of Cablecast Closed Captioning Service, which supports live captioning of meetings and events, as well as on-demand captioning of video files. Runs on both Cablecast CIO and FLEX video servers, as well as VIO Stream. Users can input custom vocabularies for increased accuracy.

CBL-CLOSED CAPTION-TRANSLATE-1,000 – 1,000-hour block of Cablecast Closed Captioning Translation service, which supports both live and file-based closed captioning translations for broadcast as well as web / mobile / OTT content delivery. In a broadcast environment – English, Spanish, French, Portuguese, Italian, German, and Dutch are supported. For on-demand captioning of video files, which pass through to web / mobile / OTT content, 72 different languages are supported. Must have Cablecast Closed Captioning services enabled.

CBL-VIOSTREAM-PRO-HA – annual hardware warranty contract for the CBLVIOSTREAM-PRO. First 3 years are included with commissioning the system. 1 year warranty was pre-paid when the system was commissioned. Only 1 more year available, for a total of 5 years.
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Exhibit A

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

1. Prevailing Wage Compliance. If Contracting Party is a contractor performing public works and maintenance projects, as described in this Section 1.3, Contracting Party shall comply with applicable Federal, State, and local laws. Contracting Party is aware of the requirements of California Labor Code Sections 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Sections 16000, et seq., (collectively, the “Prevailing Wage Laws”), and La Quinta Municipal Code Section 3.12.040, which require the payment of prevailing wage rates and the performance of other requirements on “Public works” and “Maintenance” projects. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, and if construction work over twentyfive thousand dollars ($25,000.00) and/or alterations, demolition, repair or maintenance work over fifteen thousand dollars ($15,000.00) is entered into or extended on or after January 1, 2015 by this Agreement, Contracting Party agrees to fully comply with such Prevailing Wage Laws including, but not limited to, requirements related to the maintenance of payroll records and the employment of apprentices. Pursuant to California Labor Code Section 1725.5, no contractor or subcontractor may be awarded a contract for public work on a “Public works” project unless registered with the California Department of Industrial Relations (“DIR”) at the time the contract is awarded. If the Services are being performed as part of an applicable “Public works” or “Maintenance” project, as defined by the Prevailing Wage Laws, this project is subject to compliance monitoring and enforcement by the DIR. Contracting Party will maintain and will require all subcontractors to maintain valid and current DIR Public Works contractor registration during the term of this Agreement. Contracting Party shall notify City in writing immediately, and in no case more than twenty-four (24) hours, after receiving any information that Contracting Party’s or any of its subcontractor’s DIR registration status has been suspended, revoked, expired, or otherwise changed. It is understood that it is the responsibility of Contracting Party to determine the correct salary scale. Contracting Party shall make copies of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Contracting Party’s principal place of business and at the project site, if any. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced. Contracting Party must forfeit to City TWENTY-FIVE DOLLARS ($25.00) per day for each worker who works in excess of the minimum working hours when Contracting Party does not pay overtime. In accordance with the provisions of Labor Code Sections 1810 et seq., eight (8) hours is the legal working day. Contracting Party also shall comply with State law requirements to maintain payroll records and shall provide for certified records and inspection of records as required by California Labor Code Section 1770 et seq., including 100 CLICK HERE to Return to Agenda
Exhibit A

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Section 1776. In addition to the other indemnities provided under this Agreement, Contracting Party shall defend (with counsel selected by City), indemnify, and hold City, its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.

Contracting Party shall require the same of all subcontractors.

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

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

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the 101 CLICK HERE to Return to Agenda
Exhibit A

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

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

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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 Thousand Dollars ($100,000) for the life of the agreement, encompassing the Initial and any Extended Terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

Total compensation is comprised as follows:
(A) $80,000 – estimated annual subscription renewal94s as detailed in Exhibit A for the life of the agreement, encompassing the Initial Term of 5-year, and optional Extended Terms of 2-years.
(B) $20,000 contingency for system customizations and improvements, and unanticipated hardware / software replacement, upgrades, or repairs, and/or service costs increases.
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Exhibit C

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Exhibit C
Schedule of Performance
Refer to Exhibit A – Scope of Services of this Agreement. 104 CLICK HERE to Return to Agenda
Exhibit D

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Exhibit D
Special Requirements
None
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Exhibit E

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

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

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

Workers Compensation with Waiver of Subrogation
Workers Compensation Declaration of Sole Proprietor if applicable Cyber Liability
$1,000,000 (per occurrence)
$2,000,000 (general aggregate)
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting Party’s acts or omissions rising out of or related to Contracting Party’s performance under this Agreement. The insurance policy shall contain a severability of interest clause providing that the coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to any such loss. An endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only) must be submitted concurrently with the execution of this Agreement and approved by City prior to commencement of the services hereunder. 106 CLICK HERE to Return to Agenda
Exhibit E

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

Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contracting Party and “Covered Professional Services” as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer’s duty to defend. The policy retroactive date shall be on or before the effective date of this agreement.

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

Contracting Party shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
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Exhibit E

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e. Liability arising from the failure to render professional services.

If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract.

Contracting Party shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self-insured retention is increased.

In the event any of said policies of insurance are cancelled, Contracting Party shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Exhibit to the Contract Officer. The procuring of such insurance or the delivery of policies or certificates evidencing the same shall not be construed as a limitation of Contracting Party’s obligation to indemnify City, its officers, employees, contractors, subcontractors, or agents.

E.2 Remedies. In addition to any other remedies City may have if Contracting Party fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement. b. Order Contracting Party to stop work under this Agreement and/or withhold any payment(s) which become due to Contracting Party hereunder until Contracting Party demonstrates compliance with the requirements hereof. c. Terminate this Agreement.

Exercise any of the above remedies, however, is an alternative to any other remedies City may have. The above remedies are not the exclusive remedies for Contracting Party’s failure to maintain or secure appropriate policies or endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which Contracting Party may be held responsible for payments of damages to persons or property resulting from Contracting Party’s or its subcontractors’ performance of work under this Agreement.

E.3 General Conditions Pertaining to Provisions of Insurance Coverage by Contracting Party. Contracting Party and City agree to the following with respect to insurance provided by Contracting Party:

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

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the 108 CLICK HERE to Return to Agenda
Exhibit E

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right of subrogation prior to a loss. Contracting Party agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractors to do likewise.

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

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

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

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

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

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

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

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

10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the 109 CLICK HERE to Return to Agenda
Exhibit E

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

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

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

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

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

15. Contracting Party shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.

16. The provisions of any workers’ compensation or similar act will not limit the obligations of Contracting Party under this agreement. Contracting Party expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

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given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive.

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

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

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

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

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 111 CLICK HERE to Return to Agenda
Exhibit F

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

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d. Indemnification Provision for Design Professionals.

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

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

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

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 113 CLICK HERE to Return to Agenda
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City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH

MULLHOLLAND CONSULTING, INC FOR MISCELLANEOUS RETENTION BASIN IMPROVEMENTS PROJECT NO. 2023-35 FOR EVALUATION AND DESIGN

SERVICES

RECOMMENDATION
Approve an Agreement for Contract Services with Mullholland Consulting, Inc. for Miscellaneous Retention Basin Improvements Project No. 2023-35 for evaluation and design services; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 The Miscellaneous Retention Basin Improvements Project No. 2023-35 (Project) includes 3 retention basins located at the Cactus Flower neighborhood, the Topaz neighborhood, and the X-Park (Attachment 1).
 In January 2025, staff issued a Request for Proposals (RFP) for evaluation and design services for the Project; 2 proposals were received in February 2025.  Proposed is an Agreement for Contract Services (Agreement) with Mullholland Consulting, Inc. (Mullholland) for the Project in an amount not to exceed $146,400 (Attachment 2).

FISCAL IMPACT
Fiscal year (FY) 2024/25 CIP includes recurring funding in the amount of $477,000 for citywide drainage enhancements. There are sufficient funds in this project budget 401- 0000-60185 2425 DRA for the proposed $146,400 contract with Mullholland. A portion of the remaining budget will be used for construction.

BACKGROUND/ANALYSIS
In January 2025, staff issued an RFP for evaluation and design services to prepare plans, specifications, and engineer’s estimate to improve the functionality, efficiency, and infiltration at the following 3 retention basins; 2 proposals were received in February 2025:
1) Cactus Flower neighborhood – located at the northeast corner of Buttercup Lane and Goldenrod Circle;
CONSENT CALENDAR ITEM NO. 9
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2) Topaz neighborhood – at the south side of Desert Stream Drive, between desert Fox Drive and Desert Eagle Court; and
3) X-Park – at the south side of Westward Ho Drive, just east of Dune Palms Road The Project includes the evaluation and design of improvements for the 3 separate retention basin locations and aims to enhance the percolation, functionality, and operational efficiency of each basin to mitigate issues with slow drainage and standing water. The retention basins and scope of work included are as follows:
 Replace the non-operable and unmaintainable drywell system by evaluating site conditions and designing a new, effective drywell system to ensure proper drainage and long-term maintainability at the Cactus Flower neighborhood retention basin.
 Address the slow drainage issues in the Topaz neighborhood retention basin by increasing percolation capacity.
 Design a drywell system to improve percolation and address issues with standing water at the X-Park retention basin.

Staff recommends approving the proposed agreement with Mullholland in an amount not to exceed $146,400 for the Project.

ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map

2. Agreement with Mullholland

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*IMPORTANT* Maps and data are to be used for reference purposes only. Map features are approximate, and are not necessarily accurate to surveying or engineering standards. The County of Riverside makes no warranty or guarantee as to the content (the source is often third party), accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. Any use of this product with respect to accuracy and precision shall be the sole responsibility of the user. © Riverside County GIS
Legend
Notes
REPORT PRINTED ON... 4/5/2019 11:12:16 AM
Vicinity Map
2023-35 Misc. Retention Basin Improvements
0 1, 3,009
505
Feet
Blueline Streams
City Areas
World Street Map
ATTACHMENT 1
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Mulholland Consulting, Inc., with a place of business at 7177 Brockton Ave. Suite 448, Riverside, CA 92506 (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to professional engineering services for project no. 2023-35, Miscellaneous Retention Basin Improvements, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

ATTACHMENT 2
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1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 119 CLICK HERE to Return to Agenda
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Compensation for properly authorized Additional Services shall be made in accordance with Section 2.3 of this Agreement.

2. COMPENSATION.

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

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this 120 CLICK HERE to Return to Agenda
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Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 7, 2025, and terminate on June 30, 2026 (“Initial Term”). This Agreement may be extended upon mutual agreement by both parties (“Extended Term”), and executed in writing. 121 CLICK HERE to Return to Agenda
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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) Brian Nieckula, PE
Telephone No.: 951-533-4791
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as Bryan McKinney, PE, Public Works Director/City Engineer, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.

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

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, 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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4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 123 CLICK HERE to Return to Agenda
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Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

6. INDEMNIFICATION.

7. RECORDS AND REPORTS.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with 124 CLICK HERE to Return to Agenda
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generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

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

7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all 125 CLICK HERE to Return to Agenda
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copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

8. ENFORCEMENT OF AGREEMENT.

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 126 CLICK HERE to Return to Agenda
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of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with 127 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.

9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

9.2 Conflict of Interest. Contracting Party covenants that neither it, nor any officer or principal of it, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement. 128 CLICK HERE to Return to Agenda
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No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

10. MISCELLANEOUS PROVISIONS.

To City:

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

Mullholland Consulting, Inc.

Attention: Brian Nieckula, PE
7177 Brockton Ave., Suite 448
Riverside, CA 92506

10.10 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:

MULHOLLAND CONSULTING, INC.:

Name & Title
Dated: __________________________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:

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

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Exhibit A
Scope of Services
See Attached
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..SCOPE OF SERVICES..
| 15

SCOPE OF SERVICES
RFP Tasks
The following Tasks were derived from the Request
for Proposals (RFP).

Task 1. Project Management
• Schedule and chair a kickoff meeting with
the City to discuss the proposed work
plan, special concerns, and clarify design
objectives.
• Schedule and chair monthly
teleconference meetings with the City.
• Prepare agendas, sign-in sheets, and
minutes for meetings.
• Update and maintain Gantt Chart
schedules for tracking deliverable
progress.
• Coordinate internal and external reviews
with relevant agencies or stakeholders.
• Review plans and deliverables for
conformance with applicable codes and
regulations.

Task 2. As-built Research and Utility Search
• Review City’s as-builts and record
drawings.
• Use Dig Alert’s Design Services tool to
obtain a list of the utility agencies present
in the project area.
• Send utility information requests to all
utility companies and request verification
of location, size, and depth of facilities
within the project limits.
• Maintain a log of the utility notifications
which include contact numbers, dates of
transmittals, etc.
• Research available land, property, and
survey records to verify existing right of
way and survey monuments.
• Coordinate any required adjustments or
relocations.

Task 3. Survey
• Digitize existing as-builts as needed.
• Prepare base maps using GIS databases.
• Schedule and attend a field walk with the
Public Works staff to evaluate existing
retention basins.
• Conduct ground topographic survey if
necessary to establish horizontal and
vertical control for Improvement Plans.
• Complete the work at Prevailing Wages.

Task 4. Geotechnical Investigation
• Conduct geotechnical investigation in
accordance with proposed boring
locations shown in Appendix E.
• Complete the work at Prevailing Wages.
• Prepare a report for each location.

Task 5. Hydrology
• Use Rational Method to approximate
stormwater flows within the contributing
watersheds to understand contributing
flows to each basin.

Task 6. Pre-design Report
• Prepare up to three concepts for
improvements at each location with an
associated construction cost estimate.
• Rank feasibility of proposed
improvements according to
constructability, hydraulics, and
construction costs.

Task 7. Improvement Plans
• Provide geometric drawings showing
preliminary geometric layout with
preliminary estimates.
• Note utility conflicts so advanced
preparations for clearing existing utilities
can begin.
• Provide precise grades and elevations.
133

EXHIBIT A
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..SCOPE OF SERVICES..
| 16
• Include details regarding the proposed
improvements or mitigation, direction of
flow, BMPs, and/or connection points.
• Show proposed demolition, trenching,
restoration, and outside agency permits
on the Plans.
• Respond to plan check comments.

Task 8. Specifications
• Provide Special and Technical Provisions
to be included in City’s contract and bid
documents.

Task 9. Engineer’s Cost Estimate
• Identify and list all necessary quantities
from the plans.
• Research and use recent bid results and
industry cost data to determine unit prices.

Task 10. Services during the Bid Phase
• Provide technical assistance during the
bidding process, including responding to
bidder questions and preparing addenda
as necessary.

Task 11. Services during the Construction Phase
• Provide construction support services,
including responding to Requests for
Information (RFIs), reviewing submittals,
and attending progress meetings.

Deliverables Matrix
Deliverable Design Completion Stage Construction 35% 65% 90% 100% Project Schedule: PDF    
Log of Utility Communications: PDF, Excel  
Electronic Copy of GIS Exhibits: DWG, PDF  
Infiltration Test Data: PDF  
Hydrology Calculations: PDF 
Pre-design Report: PDF 
Construction Documents
Title Sheet: DWG, PDF    
Improvement Plans
Grading and Drainage Plan: DWG, PDF    
Details: DWG, PDF   
Special/Technical Specifications: PDF, Word   
Cost Estimate: PDF, Excel    
Reviewed Submittals: PDF 
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Exhibit A

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

Contracting Party shall require the same of all subcontractors.

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

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 137 CLICK HERE to Return to Agenda
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Hundred Forty-Six Thousand Four Hundred Dollars ($146,400.00) for the life of the Agreement, encompassing the Initial and any Extended Terms (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in installment payments made on a monthly basis and in an amount identified in Contracting Party’s schedule of compensation attached hereto for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

Items 1-9 shall be paid as a lump-sum on percentage of completion basis not to exceed One Hundred Thirty-Three Thousand Four Hundred Dollars ($133,400) per attached work schedule.

Items 10-11 shall be paid on a time and materials basis not to exceed Eight Thousand Dollars ($8,000).

Retention for Reimbursable Expenses shall be paid on a time and materials basis not to exceed Five Thousand Dollars ($5,000).

Exhibit B

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139

EXHIBIT B
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La Quinta: Misc. Retention Basin
Mulholland Fee Calculator

CONFIDENTIAL
No. 60.2025.3.0
Revision #2; Revised: May 2, 2025
Hours Subtotal Hours Subtotal Hours Subtotal Hours Subtotal Hours Subtotal Hours Subtotal 1 Project Management 0.00 $ - 18.00 $ 4,500.00 0.00 $ - 0.00 $ - $ - $ - $ - $ 4,500.00 2 As-built Research and Utility
Search

0.00 $ - 0.00 $ - 0.00 $ - 24.00 $ 3,600.00 $ - $ - $ - $ 3,600.00 3 Survey 0.00 $ - 0.00 $ - 0.00 $ - 12.00 $ 1,800.00 $ - $ - $ 18,000.00 $ 19,800.00 4 Geotechnical Investigation 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - $ - $ 65,700.00 $ 65,700.00 5 Hydrology 6.00 $ 1,800.00 0.00 $ - 24.00 $ 4,800.00 0.00 $ - $ - $ - $ - $ 6,600.00 6 Pre-design Report 12.00 $ 3,600.00 0.00 $ - 0.00 $ - 0.00 $ - $ - $ - $ - $ 3,600.00 7 Improvement Plans 12.00 $ 3,600.00 0.00 $ - 72.00 $ 14,400.00 0.00 $ - $ - $ - $ - $ 18,000.00 8 Specifications 8.00 $ 2,400.00 0.00 $ - 40.00 $ 8,000.00 0.00 $ - $ - $ - $ - $ 10,400.00 9 Engineer's Cost Estimate 0.00 $ - 0.00 $ - 6.00 $ 1,200.00 0.00 $ - $ - $ - $ - $ 1,200.00 10 Services during the Bid Phase 0.00 $ - 16.00 $ 4,000.00 0.00 $ - 0.00 $ - $ - $ - $ - $ 4,000.00 11 Services during the Construction
Phase

0.00 $ - 16.00 $ 4,000.00 0.00 $ - 0.00 $ - $ - $ - $ - $ 4,000.00

38.00 $ 11,400.00 50.00 $ 12,500.00 142.00 $ 28,400.00 36.00 $ 5,400.00 0.00 $ - 0.00 $ - $ 83,700.00 $ 141,400.00 - Reimbursable Expenses 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ - $ - $ 5,000.00 $ 5,000.00

0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ - $ 5,000.00 $ 5,000.00 $ 141,400.00
Mandatory Tasks + Optional Tasks ("Not to Exceed") Total = $ 146,400.00 Optional Tasks
Optional Tasks Totals =
Mandatory Tasks ("Not to Exceed") Total =
Task Totals No. Description
Task Principal in Charge Project Manager Project Engineer Lump Sums $300.00 /hr $200.00 /hr *
Engineering Technician
$150.00 /hr
Mandatory Tasks Totals =
$250.00 /hr
Mandatory Tasks
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Exhibit C

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Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement, in accordance with the Project Schedule, attached hereto and incorporated herein by this reference.
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Exhibit D

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Exhibit D
Special Requirements
None
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Exhibit E

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

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.

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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.

If coverage is maintained on a claims-made basis, Contracting Party shall maintain such coverage for an additional period of three (3) years following termination of the contract. 145 CLICK HERE to Return to Agenda
Exhibit E

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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:

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

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10. Contracting Party agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein (with the exception of professional liability coverage, if required) and further agrees that it will not allow any contractor, subcontractor, Architect, Engineer or other entity or person in any way involved in the performance of work on the project contemplated by this agreement 147 CLICK HERE to Return to Agenda
Exhibit E

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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.

17. Requirements of specific coverage features, or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be limiting or all-inclusive. 148 CLICK HERE to Return to Agenda
Exhibit E

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

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

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 149 CLICK HERE to Return to Agenda
Exhibit F

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d. Indemnification Provision for Design Professionals.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 151 CLICK HERE to Return to Agenda
152 CLICK HERE to Return to Agenda
CONSENT CALENDAR ITEM NO. 10
City of La Quinta
CITY COUNCIL MEETING: May 6, 2025

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH RY+AO

AND AUTHORIZE ALL PHASES TO PROVIDE THE PLANS, SPECIFICATIONS, AND ENGINEER’S ESTIMATE FOR X-PARK BUILDING AMERICANS WITH DISABILITIES ACT IMPROVEMENTS PROJECT NO. 2023-08

RECOMMENDATION
Approve an Agreement for Contract Services with RY+AO; authorize all phases to provide the plans, specifications, and engineer’s estimate for X-Park Building Americans with Disabilities Act Improvements Project No. 2023-08; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 The X-park Building Americans with Disabilities Act (ADA) Improvements Project No. 2023-08 (Project) is located at the southeast corner of Dune Palms Road and Westward Ho Drive (Attachment 1).
 In January 2025, staff issued a Request for Proposals (RFP) to prepare the plans, specifications, and engineer’s estimate (PS&E) for the Project; 1 proposal was received in February 2025.
 Proposed is an Agreement for Contract Services (Agreement) with RY+AO for Phases 1 through 4 of the Project in an amount not to exceed $104,900 (Attachment 2).

FISCAL IMPACT
Fiscal year 2023/24 Capital Improvement Program (CIP) allocated a budget of $350,000 in General Fund funding for this Project. If approved, the following is the Project budget:

Scope of Work Project Budget
Master Plan/Design $104,900
Project Management $20,000
Construction $200,000
Inspection/Testing/Survey $5,000
Contingency $20,100
TOTAL $350,000
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BACKGROUND/ANALYSIS
The X-Park building currently lacks ADA-compliant access to its roof, which is intended for use as an observation deck. The City seeks to enhance accessibility by designing and implementing improvements to meet ADA standards while integrating seamlessly with the building’s existing prefabricated structure.

In January 2025, staff solicited proposals to provide PS&E based on the assessment of the building; 1 proposal was received in February 2025 from RY+AO.

Proposed is an Agreement with RY+AO for the following scope of work to be completed in 4 phases, in an amount not to exceed $104,900:
 Phase 1 – assessment of the building and conceptual design The building assessment includes a site visit to review the existing building configuration, structure, electrical systems and equipment. Following that, RY+AO will identify and recommend feasible ADA-compliant access solutions, with a preference for an exterior lift system and provide a maximum of 3 conceptual plan options.  Phase 2 – schematic design and deliverables
RY+AO will develop schematic design documents based on 1 City approved conceptual option and provide deliverables.

 Phase 3 – construction documents services
Preparation of PS&E documents, processing of construction documents, coordination with any design-build consultants, and bi-monthly progress meeting with Project stakeholders.  Phase 4 – bidding services and construction administration services Preparation of bid package, respond to questions from bidders during bid process, preparation of any addenda, and assistance in review of bids. RY+AO to visit the site as necessary, review submittals, respond to contractor requests for information, and preparation of project punch list.

Staff requests approval of the proposed agreement with RY+AO and authorizing all phases of the project.

ALTERNATIVES
Staff does not recommend an alternative.
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Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Vicinity Map

2. Agreement for Contract Services
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X-Park Building ADA Improvements

PROJECT LOCATION
HIGHWAY 111
Vicinity Map
AVENUE 48
ATTACHMENT 1
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AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Richard Yen & Associates Architects & Planners, Inc. an Arizona Corporation, d/b/a RY+AO (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to design and related professional services for the X-Park Building ADA Improvements Project no. 2023-08, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

Contracting Party shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the performance of the Services required by this Agreement, and shall indemnify, and hold City, its elected officials, officers, employees, and agents, free and harmless against any direct or indirect damages imposed against City hereunder for failure to pay any fees, assessments, and taxes, or for failure to obtain licenses, permits, and approvals as may be required by law for the performance of the Services.

Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

1.5 Familiarity with Work. By executing this Agreement, Contracting Party acknowledges that (a) it has visited and considered the Services to be performed, (b) it ATTACHMENT 2 157 CLICK HERE to Return to Agenda
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has visited the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has considered how the Services should be performed, and (d) it understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement. Should Contracting Party discover any latent or unknown conditions materially differing from those inherent in the Services or as represented by City, Contracting Party shall immediately inform City of such fact and shall not proceed except at Contracting Party’s risk until written instructions are received from the Contract Officer, or assigned designee (as defined in Section 4.2 hereof).

The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party. The standard of care for all professional services performed or furnished by Contracting Party under this Agreement will be the care and skill used by members of Contracting Party’s profession practicing under similar circumstances at the same time and in the same locality. Except as provided in this Agreement, Contracting Party makes no warranties, express or implied, under this Agreement or otherwise, in connection with Contracting Party’s services.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the 158 CLICK HERE to Return to Agenda
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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.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed One Hundred Four Thousand Nine Hundred Dollars ($104,900.00), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7. The method of compensation set forth in the Schedule of Compensation may include a lump sum payment upon completion, payment in accordance with the percentage of completion of the Services, payment for time and materials based upon Contracting Party’s rate schedule, but not exceeding the Contract Sum, or such other reasonable methods as may be specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Contracting Party at all project meetings reasonably deemed necessary by City; Contracting Party shall not be entitled to any additional compensation for attending said meetings. Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, transportation expense, telephone expense, and similar costs and expenses when and if specified in the Schedule of Compensation.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on May 7, 2025, and terminate on December 31, 2026 (“Initial Term”). This Agreement may be extended upon mutual agreement by both parties (“Extended Term”), and executed in writing. 160 CLICK HERE to Return to Agenda
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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) Name: Jianshan Liang
Telephone No.: 619-224-3605
Email: [email protected]
(b) Name: Richard Yen
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as Bryan McKinney, City Engineer and Public Works Director, or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved 161 CLICK HERE to Return to Agenda
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transfer shall release Contracting Party of any liability hereunder without the express consent of City.

5. INSURANCE.

6. INDEMNIFICATION.

6.1 Indemnification. Indemnification is incorporated as set forth in “Exhibit F” (“Indemnification”) and expressly made a part hereof.

7. RECORDS AND REPORTS.

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The 163 CLICK HERE to Return to Agenda
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Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

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

7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in 164 CLICK HERE to Return to Agenda
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the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

8. ENFORCEMENT OF AGREEMENT.

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service of the notice, or such longer period as may be permitted by the Contract Officer, or 165 CLICK HERE to Return to Agenda
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assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement. 166 CLICK HERE to Return to Agenda
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9. CITY OFFICERS AND EMPLOYEES; NONDISCRIMINATION.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial 167 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.

10. MISCELLANEOUS PROVISIONS.

To City:

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

RY+AO
Attention: Jianshan Liang
731 South Highway 101, Suite 1M
Solana Beach, CA 92075

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous 168 CLICK HERE to Return to Agenda
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negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement.

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:

RY+AO:

Name:

Title:

Dated:

ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California

Name:

Title:

Dated:

APPROVED AS TO FORM:

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

Page 1 of 4 ends

La Quinta City CouncilMay 6, 2025

La Quinta City Council
May 6, 2025