Agenda packet — La Quinta City Council, June 3, 2025 (part 1 of 2)

CITY COUNCIL AGENDA Page 1 of 8 JUNE 3, 2025

CITY COUNCIL
AGENDA

CITY HALL COUNCIL CHAMBER
78495 Calle Tampico, La Quinta
REGULAR MEETING ON TUESDAY, JUNE 3, 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 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

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) 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 JUNE 3, 2025

3. 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

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. LA QUINTA ART CELEBRATION – NOVEMBER 2024 AND MARCH 2025 EVENT

SUMMARY PRESENTATION BY EVENT PRODUCER PAUL ANDERSON WITH

SCOPE EVENTS

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

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1. APPROVE COUNCIL MEETING MINUTES DATED MAY 20, 2025 17

2. ADOPT ORDINANCE NO. 623 ON SECOND READING ADDING CHAPTER 11.46 TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE RELATED TO

REGULATING UNAUTHORIZED CAMPING WITHIN THE CITY
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CITY COUNCIL AGENDA Page 3 of 8 JUNE 3, 2025
39 67
71 77
107
141
147

3. ADOPT RESOLUTIONS TO: (A) APPROVE PRELIMINARY FISCAL YEAR 2025/26 ENGINEER’S ANNUAL LEVY REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND (B) DECLARE INTENT TO

LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 [RESOLUTION NOS. 2025-012 AND 2025-013]

4. APPROPRIATE FUNDING FOR THE SIGNAL AND CROSSWALK
IMPROVEMENTS PROJECT NO. 2024-18 AND INCREASE ST. FRANCIS

SPENDING AUTHORITY

5. AWARD CONTRACT TO ROY ALLAN SLURRY SEAL, INC FOR FISCAL YEAR 2024/25 PAVEMENT MANAGEMENT PLAN SLURRY SEAL IMPROVEMENTS PROJECT NO. 2024-03 FOR THE COVE AREA

6. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VINTAGE ELECTRIC FOR ON-CALL ELECTRICAL SERVICES PROJECT NO. 2024-25

7. APPROVE AGREEMENT FOR CONTRACT SERVICES WITH OCEAN

SPRINGS TECH, INC FOR POOL AND WATER FEATURE MAINTENANCE PROJECT NO. 2024-24; AND AUTHORIZE THE PUBLIC WORKS

DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON

CALL SERVICES

8. RECEIVE AND FILE REVENUE AND EXPENDITURE REPORT DATED MARCH 31, 2025

9. RECEIVE AND FILE THIRD QUARTER FISCAL YEAR 2024/25 TREASURY REPORTS FOR JANUARY, FEBRUARY, AND MARCH 2025

10. APPROVE DEMAND REGISTERS DATED MAY 9 AND 16, 2025 215

BUSINESS SESSION
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1. APPROVE THIRD ROUND OF COMMUNITY SERVICES GRANTS FOR FISCAL YEAR 2024/25
233

2. APPROVE USE OF THE CITY SEAL FOR THE HISTORICAL PLAQUE

PROGRAM ADMINISTERED BY THE LA QUINTA HISTORICAL SOCIETY 241

3. INTRODUCE FOR FIRST READING AN ORDINANCE UPDATING THE FIRE

HAZARD SEVERITY ZONES PURSUANT TO GOVERNMENT CODE SECTION 51178 AND THE CALIFORNIA FIRE CODE [ORDINANCE NO. 624]
245

STUDY SESSION
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1. DISCUSS FISCAL YEAR 2025/26 PRELIMINARY PROPOSED BUDGET 251 CLICK HERE to Return to Agenda
CITY COUNCIL AGENDA Page 4 of 8 JUNE 3, 2025

PUBLIC HEARINGS – 5:00 p.m. or thereafter
For all Public Hearings on the agenda, a completed “Request to Speak” form must be filed with the City Clerk prior to consideration of that item; comments are limited to three (3) minutes (approximately 350 words).

Any person may submit written comments to the City Council prior to the public hearing and/or may appear and be heard in support of or opposition to the project(s) at the time of the public hearing. If you challenge a project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City at or prior to the public hearing.

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1. RECEIVE AND FILE FISCAL YEAR 2024/25 ANNUAL WORKFORCE

VACANCIES AND RECRUITMENT / RETENTION REPORT PURSUANT TO GOVERNMENT CODE SECTION 3502.3
327

DEPARTMENTAL REPORTS
PAGE

1. CITY MANAGER

2. CITY ATTORNEY

3. CITY CLERK – SHORT-TERM VACATION RENTAL PROGRAM QUARTERLY REPORT – JANUARY-MARCH 2025
331

4. COMMUNITY SERVICES

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. COACHELLA VALLEY POWER AGENCY JOINT POWERS AGREEMENT (Evans)

8. ECONOMIC DEVELOPMENT SUBCOMMITTEE (Evans & Fitzpatrick)

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

10. DESERT RECREATION DISTRICT COMMITTEE (Fitzpatrick & McGarrey)

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

12. RIVERSIDE COUNTY TRANSPORTATION COMMISSION (Fitzpatrick)

13. CVAG TRANSPORTATION COMMITTEE (Fitzpatrick)

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

15. COACHELLA VALLEY MOUNTAINS CONSERVANCY (McGarrey)
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CITY COUNCIL AGENDA Page 5 of 8 JUNE 3, 2025

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

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

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

19. CANNABIS AD HOC COMMITTEE (Peña & Sanchez)

20. CVAG PUBLIC SAFETY COMMITTEE (Peña)

21. CVAG HOMELESSNESS COMMITTEE (Peña)

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

23. SUNLINE TRANSIT AGENCY (Peña)

24. ART PURCHASE COMMITTEE (Sanchez & McGarrey)

25. CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (Sanchez)

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

27. COACHELLA VALLEY ANIMAL CAMPUS COMMISSION (Sanchez)

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

29. RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION (Sanchez)

30. RIVERSIDE LOCAL AGENCY FORMATION COMMISSION (Sanchez)

31. SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (Sanchez)

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

33. PALM SPRINGS AIRPORT COMMISSION MEETING MINUTES DATED MAY 21, 2025
339

ADJOURNMENT
*********************************
The next regular meeting of the City Council will be held on June 17, 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 30, 2025.

DATED: May 30, 2025
MONIKA RADEVA, City Clerk
City of La Quinta, California
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CITY COUNCIL AGENDA Page 6 of 8 JUNE 3, 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.

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CITY COUNCIL AGENDA Page 7 of 8 JUNE 3, 2025

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

Public speakers may elect to use printed presentation materials to aid their comments; 15 copies of such printed materials shall be provided to the City Clerk to be disseminated to the City Council, made public, and incorporated into the public record of the meeting; it is requested that the printed materials are provided prior to the beginning of the meeting. There shall be no use of Chamber resources and technology to display visual or audible presentations during public comments, unless permitted by the Mayor.

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

TELECONFERENCE ACCESSIBILITY – INSTRUCTIONS
Teleconference accessibility may be triggered in accordance with AB 2449 (Stats. 2022, Ch. 285), codified in the Brown Act [Government Code § 54953], if a member of the City Council requests to attend and participate in this meeting remotely due to “just cause” or “emergency circumstances,” as defined, and only if the request is approved. In such instances, remote public accessibility and participation will be facilitated via Zoom Webinar as detailed at the end of this Agenda.
*** 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
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CITY COUNCIL AGENDA Page 8 of 8 JUNE 3, 2025

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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June 3, 2025
Linda Evans – Mayor
Deborah McGarrey - Mayor Pro Tem
John Pena – City Council
Kathleen Fitzpatrick – City Council
Steve Sanchez – City Council
Jon McMillen – City Manager
Christina Calderon – Community Services Deputy Director Michael Calderon – Community Services Analyst
City of La Quinta
78495 Calle Tampico
La Quinta, CA 92253
Dear Madame Mayor, Council Members, City Manager, and City Staff, SCOPE Events, LLC is incredibly proud of the NINE La Quinta Art Celebration (LQAC) events that have been produced for the City La Quinta since the inaugural Celebration March 2020 Event. The brand has become established and our reputation continues to grow with the Artists, patrons and the community. We will continue to dedicate resources to assure we are relevant and an asset to the City of La Quinta. There are many reasons to consider the event a winner, and we refer to them as our Keys to Success.

Keys to Success
City Support
Obviously, this event would not even happen without the support of the City of La Quinta, support that goes well beyond instrumental things like permits and access to a beautiful venue. It is due to the dedicated staff and council members who take pride in their city and put in the extra effort. It is the individuals who make up the community and who contribute their hearts and souls to making it an even better place to live and visit with each passing year. Scope Events strongly believes that events like the La Quinta Art Celebration contribute positively to the community and are honored to be a part of it.

Volunteers – This March SCOPE Events had a total of 125 Volunteers of which 21 serve as Volunteer Captains. These Captains are vital to our success. They are dedicated to managing their teams and are instrumental in building our volunteer base. They have PRESENTATION NO. 29
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embraced their role and understand their importance as our ambassadors. They take complete ownership for their assigned tasks and have suggestions on how to make their tasks better, easier, more valuable, etc. A few like La Quinta resident, Marge Dodge, have been a Captain at Ticket Sales for 27 years! She continues to motivate her team and embraces technology and processes that SCOPE introduces from time to time.

What makes this exceptional volunteer base unique compared to other organizations is their commitment to the event. Volunteers rarely ever cancel participation and if they do. it is only because of a family emergency or illness. There is never a “no-show”.

City of La Quinta Recycle Plan with Burrtec – The Celebration events have embraced the city recycle plan and work closely with their representative Clara Vera. The importance of recycling is communicated by signage, clearly marked trash cans throughout event, color coded trash bags so that Grounds Crew can easily identify which go into Recycle and which into trash, stickers on all lunch boxes reinforcing that they should be folded and recycled and all else inside box put into trash and daily reminders on our Daily Cheers newsletter. The plan is working and the results speak for themselves!
Upscale Food and Beverages– Scope Events has always focused on providing an upscale Food & Beverage experience for the Patrons attending our Events. We are proud to confirm that we have never compromised on our food and beverage quality. This is in keeping with our belief that this critical component of the event must keep up with the beautiful location and the Fine Art that Patrons expect at La Quinta Art Celebration! Community Outreach & Marketing Campaign Our marketing is divided into the Coachella Valley and secondly Southern California. In the Valley our marketing concentrates on an intense television campaign with CBS2 Local, KESQ primarily with a secondary spend with KMIR and Spectrum. Radio dollars are directed at KGAY (Palm Springs) and have shown a significant increase in attendance. Direct mail campaign is sent to affluent neighborhoods, print through Desert Sun, Desert Entertainer, CV Independent and Coachella Valley Weekly. In Southern California our focus is with Palm Springs Life eblasts and print ads, billboards in conjunction with the tourist board in San Diego, Orange County and LA on the San Diego Freeway and most heavily with targeted Facebook campaigns to select geographical areas. The most positive feedback we receive is about the number of television commercials during the key news hours and 60 Minutes and the vivid digital billboard ads visible to incoming tourists as they walk from the aircraft to baggage claim at Palm Springs International Airport. The airport campaign is in conjunction with the City of La Quinta. With the growth of Online ticket purchases, our own database continues to grow (it is now 44% of our total ticket sales.) Our Point of Sale (POS) system collects valuable customer data. We use this data to launch customized email marketing campaigns.

SCOPE Events continues to stress the importance of community and working together.

We have cultivated relationships with Old Town Artisan Studios, Art on Main and La 10 CLICK HERE to Return to Agenda
Quinta Museum by offering them complimentary ads in the event program so they can promote their business, and in turn, they distribute our marketing collateral and serve as Judges. We encourage the Featured Restaurants at the award reception to hand out collateral that evening and to leave it with the INFO booth as well. Our reach through the valley has increased to include an expanded list of Judges that represent Palm Springs Art Museum, Patel Architecture, Melissa Morgan Gallery El Paseo, Cathedral City Art Council, Foto Bliss Photography, Sun City Art Instructor and the Galen Palm Springs as well as some unexpected partners like the American Red Cross and Eisenhower Circle of Stars. Every contact we make has a value and expands our reach in the valley.

Artist Portal- Scope Events is proud to announce that it now conducts all its artistrelated commercial activities through a dedicated Artist Portal which was launched a few years ago. Artists use this web Portal- www.celebrationartists.org , to register for the event, pay all their dues, book their lunches, record their sales and obtain their Sales Reports all through the same source! This has elevated La Quinta Art Celebration to a level which is unmatched by any other Art show in the country. Of course, the success of the onsite Point Of Sales (POS) system depends on a dedicated Wi-Fi network at the event site. We are dealing with some issues of lack of connectivity and are grateful to the City of La Quinta & Gilbert Villalpando-Director and his team, for the support that we have received.

Tools for Tomorrow – SCOPE Events continues to support Tools for Tomorrow., an organization whose mission could not be more appropriate as a partner to the LQAC. An organization could not be more appropriate as a partner to the LQAC. Tools for Tomorrow works to “Reach, Teach, and Inspire Children through the ARTS”. We are extremely pleased to support them. We hope to see some of these young talents selling their art at the LQAC in the future. In addition to a monetary contribution, Scope Events has sent two members of TFT management to a national non-profit conference which is focused on art education. They have gained new ideas and have networked with similar organizations. They return to the Coachella Valley rejuvenated. It is so rewarding.

Social Media and Website Development – SCOPE Events has retained top professionals in this field to market the event to the right target audiences throughout the country and beyond. Our ticket sales and web traffic data are thoroughly analyzed and we use this as a basis to strategize the best means to reach the right people and get the best bang for our buck! This data is integral to our marketing strategies. The table below shows the top referrers to the event website, LaQuintaArtCelebration.org. (1) Unique Visitor Traffic on Website
By State
Total
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California 66%
Ex-California 34%
By Source
Total
Facebook 32%
Google 31%
Direct 17%
Email Marketing 7%
Google Business Profile 3%
PSL 2%
Bing 2%
Yahoo 2%
(2) Online Ticket Sales by
States
CA 40%
WA 12%
MN 5%
OR 5%
IL 5%
CO 3%
MI 2%
MA 2%
NY 1%
TX 1%
Others 17%
Canada 6%
(3) Sales Category graph
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Wind and Weather - Wind has become more of an issue over the last few years with each event having 25 mph wind at least one day of the four- day festival. The ENCORE 2024 event was hit unexpectedly on late Thursday night with 60 mph winds from midnight to 5 am the following morning. Due to dedicated support from the City, additional landscape crew arrived early onsite to literally vacuum the campus and remove shattered glass and to pull fallen tents out of the lake. Artists arrived early to support each other and rebuild exhibit spaces. They helped each other with spare parts, re-staked tents, showed compassion and gave strength to their peers. By the time the gates opened on Friday morning, the staff, volunteers, and Artists had recreated the space. Our latest event, Celebration SPRING 2025 anticipated wind all throughout the show as it was extremely windy in the west and central valley. Road closures in Palm Springs and heavy wind on the 10 Freeway East were the subject of the local news.

Although the Celebration event was not affected, damage from the news media projecting heavy winds caused patrons who had even purchased tickets not to come.

The good news is that the patrons that did attend were buyers! Thus art sales were not diminished as much as they easily could have been. Updates were made daily on our website with new images taken at the event. This proved the weather was sunny and patrons were enjoying the show. Our 24/7 Phone Helpline answered all inquiries and encouraged patrons to attend.

The Artists have adapted to our strict mandatory booth staking rules and are also watchdogs to ensure that their neighbors fully understand and respect the rules. They are coming prepared with extra rebar, heavy duty tape, metal clamps and rope to secure the legs on their canopies. The Glass Artists closely monitor the weather on their phones and know to start taking down their exhibit once the breeze kicks up. They also anticipate our communication throughout the event by news update through our Daily 13 CLICK HERE to Return to Agenda
Cheers! to texts throughout each day with weather updates. We appreciate the satellite weather reports sent by the City each day and communication from CBS2 Local/KESQ.

Artist Awards Ceremony and Reception Several valley restaurants- Fresh Agave Mexican Restaurant, Stuft Pizza Bar & Grill, Bristol Farms, Rd RNNR, Tack Room Tavern, Costco Bakery, DRST Club Restaurant, Fortun’s Kitchen, Islands Palm Desert, Hideout Kitchen Palm Desert, Jackalope Ranch, Kiki’s Dining, Lavender Bistro, TQLAS Agave Bar & Grill, Luna’s Bar & Grill Indio have all sponsored the Artist Award Reception by showcasing their delicious foods as we kick-off the Celebration and announce the art award winners. Artists always mention how special this Thursday evening reception is and how different it is from other shows they participate in. For example, their assistants are invited with no charge to the artists. Also after a long first day at the event, this desert casual affaire where one can be barefoot or in flip-flops is much appreciated. Artists enjoy getting to know one another while sampling the offerings of local establishments. This event builds comradery and community. On the flip side, the Celebration benefits as these restaurants promote our events by distributing rack cards - using them as bill stuffers or bag stuffers for a month prior to the event.

Artist Feedback- SCOPE Events encourages participating Artists to review the show using the independent publications, Greg Lawler’s Art Fair SourceBook and Sunshine Artist Magazine. Artists use these resources to determine which shows to apply for and set their expectations based upon previous experiences of other Artists. We utilize the data they collect to improve the show. Because the feedback is anonymous, it is a gold standard for impartial information and an invaluable resource for us, as producers, to listen-in on the conversation about our show among the participating Artists. Appendix A includes comments from participating artists for your perusal.

Summary:

SCOPE Events considers all NINE La Quinta Art Celebrations to have been successful.

LQAC provides working Artists with opportunities to sell their art to an affluent audience. LQAC allows La Quinta residents to be immersed in art twice a year, and provides volunteer experiences and avenues of friendship. The City of La Quinta is known across the nation as the home of the most stunning event site in the country and a true partner of the arts. With each passing event, we gather more data to enhance the Celebration experience for artists, patrons, and volunteers alike.

Once again, thank you for designating SCOPE Events, LLC as your producer of the La Quinta Art Celebrations. We hope we made the city proud! Sincerely,
Paul A. Anderson, CEO & Producer
Kathleen Hughes, Event Director
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Appendix A:

The data below are taken from the independent Greg Lawler’s Art Show SourceBook and include all comments from 2024 - 2025 LQAC Artist evaluations. “Great show! Beautiful venue, wonderful volunteers, simple sales process and most importantly…a good art buying audience.” - Painter
“Best in the business advertising. No other show we have done doe it like this show.

TV ads, ads at the airport, newspapers, email blasts, and many different rack cards in hotels. Shows don’t just need numbers, they need affluent patrons who can purchase our work. This show delivers. It is busy every day of the show. Beautiful location, very helpful artist volunteers, a wonderful artist reception on Thursday evening, but, most importantly, sales.” - Jeweler
“This show has continually been my strongest show for the past 15 years. The venue, show management, marketing and buyer demographics as well as quality of artists are for superior than most shows in the country.” - Glass
“Amazing show run by a FIRST CLASS organization. SCOPE really knows how to run a world class art show.” - Digital Art
“Lives up to its name and rank. They treat artists very well. High sales this year”. - 3D Mixed Media
“La Quinta is a great show. We do both the spring and fall events every year for past 15 years. I’d recommend it to anyone.” - Painter
“This was my second year and my sales doubled over last year. The patrons are looking for quality art and the options presented by artists at La Quinta are top level compared to other top rated art shows!” - 2D Mixed Media “The show was well attended with qualified buyers. For me, Thursday is generally slower with sales picking up every day with Sunday being the best day but some people do have really good Thursday sales as well. Mostly a decorative buying audience with multiple homes. Has been a great show for me for years.” - Ceramics “Wonderful show, as always. Staff and volunteers are amazing. Really appreciate the two days of setup, and extra morning for load-out. Most beautiful venue anywhere. My sales tend to fluctuate at this event, and were a bit slow for me this time, but I often have after-sales and expect some this time as well. I’ll always attend this show if invited to come back.” - Photography
“My favorite event ever. The organizers were amazing, the event went off without a hitch. I made a lot of new friends.” - Sculpture
”Love this show. Beautiful venue, wonderful staff and amazing patrons.” - Painter 15 CLICK HERE to Return to Agenda
“Beautiful location and expertly run show that brings qualified patrons who support the arts. It’s a fabulous show!” - Painter
“Best show I do. Always super happy when I get in.” - Jeweler ”Great show, as always. Tons of artist support, gorgeous venue, and SALES!” - Glass “Great show, lots of attendees. Nice booth, layout, good music. And great food selection on artist lunches.” - Ceramics
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CITY COUNCIL MINUTES Page 1 of 10 MAY 20, 2025

CITY COUNCIL

MINUTES
TUESDAY, MAY 20, 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
Councilmember Peña said he will recuse himself from participating in the discussion and vote on Business Session Item No. 1 related to the appointment of City representative on the Coachella Valley Power Agency Board of Directors due to a conflict of interest stemming from a reasonable probability of future income and/or investment income from an electric power company (Secure Energy Source), and asked that it be pulled for a separate vote.

Council concurred.

CLOSED SESSION

Bankruptcy Court, District of Delaware)
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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

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 3:03 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 4:06 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;
 CLOSED SESSION ITEM NO. 2 – Council will consider this item after the open session portion of tonight’s meeting; and
 CLOSED SESSION ITEM NO. 3 – Council will consider this item after the open session portion of tonight’s meeting.

PLEDGE OF ALLEGIANCE
Councilmember Peña led the audience in the Pledge of Allegiance.

PUBLIC COMMENT ON MATTERS NOT ON THE AGENDA
PUBLIC SPEAKER: Steve Cherry, La Quinta – asked how long it will take to resolve the SilverRock, formerly Talus, project litigation.

PUBLIC SPEAKER: Mary Mann, La Quinta – opposed Specific Plan 2003-067, said it’s inadequate; opposed the fence planned at the Club at Corral Mountain, said it should have its own environmental impact report; and believes the City should take a leadership role in the planning of the adjacent park.

PUBLIC SPEAKER: Development Director Scott Wolf with the Coachella Valley Rescue Mission introduced incoming Executive Director Amanda Galindo – she thanked Council for their support; provided a brief overview of her experience and qualifications; and described the new women’s and children’s 60-bed facility.

PUBLIC SPEAKER: Anita Broady, La Quinta – addressed the La Quinta News Facebook page and NextDoor’s ongoing negative comments, specifically regarding the Cove; suggested improvements to the Cove area, such as “welcome” signage, landscaping, art 18 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 3 of 10 MAY 20, 2025
installation, code compliance presence, street signs, and undergrounding utility lines; and offered her assistance.

PUBLIC SPEAKER: Wendy Sanders, La Quinta – concerned with the inconsistency and misinformation from the Building Division regarding her property wall.

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from the La Quinta residents listed below, in alphabetical order, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting:
 Anita Broady – suggestions for miscellaneous improvements to the Cove area, including “welcome” signage, landscaping, art installation, code compliance presence, street signs, and undergrounding utility lines.  Christa Christopherson – concerns regarding the use of e-bikes on the Bear Creek Trail.
 Lisa Moller – concerns regarding the use of e-bikes on the Bear Creek Trail.

ANNOUNCEMENTS, PRESENTATIONS AND WRITTEN COMMUNICATIONS

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

On May 15, 2025, the Bankruptcy Court held an Omnibus Hearing, which included several “Resolved Matters,” or uncontested courtroom agenda items, primarily dealing with the “claims bar dates” for which any claims and supporting documents must be submitted to the Bankruptcy Court by creditors.

Per negotiations and concurrence with the debtors counsel, SDC, and the Chief Restructuring Officer (CRO), the City is exempt at this time from the obligation to file its claim because, as previously announced, the City is integrally involved under the Bankruptcy Court-approved Bid Procedures (March 2025) that governs the process for selecting a purchaser of the SDC-held property to serve as the new developer for the SilverRock, formerly Talus, project, which will include agreements between the City and the new developer.

Unrelated to the Bid Procedures and the City’s involvement with the selection of the next developer, at the May 15, 2025, hearing, the Bankruptcy Court considered another matter referred to as a “stand alone” bankruptcy litigation dispute. This matter involved a creditor and the debtors’ deadline to complete discovery in connection with the creditor’s claim. 19 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 4 of 10 MAY 20, 2025
The Bankruptcy Court ruled that discovery for this “stand alone” matter had until late November 2025 to be completed.

Finally, pursuant to prior authorization of the Bankruptcy Court, and as previously announced, the CRO retained Jones, Land, LaSalle (JLL) to provide marketing services for the project to secure a future developer; multiple meetings have occurred between JLL and City representatives; and this process continues to move along very quickly pursuant to the Bankruptcy Court-approved Bid Procedures.

Note: The next Omnibus Hearing date before the U.S. Bankruptcy Court is set for June 24, 2025.

2. RIVERSIDE COUNTY ANIMAL SERVICES AD HOC COMMITTEE UPDATE BY

MEMBER TY PEABODY
Riverside County Animal Services Ad Hoc Committee Member Peabody provided an overview and update on the Ad Hoc Committee’s challenges, recent accomplishments, and proposed solutions; provided recent reports, and noted daily/weekly report availability online; and requested Council support for the upcoming agreement with Riverside County.

Council discussed support for the additional funding and employees provided by the County; contractual obligations of the County; unincorporated County area being a large part of the problem; need for marketing; need for more shelter space; as the Coachella Valley (CV) grows, plans for animals need to keep pace; need for east CV animal facility and services; suggestion to add an animal adoption event to City events, and encourage businesses to host adoption events; continuing work of the Ad Hoc Committee; regional solutions needed; collaboration of local animal rights groups with the County Animal Services staff; process for determining dogs slated for euthanasia; increased communication with the cities utilizing the County’s animal services; and animal control regulations in each city.

Kim Hardee , Riverside County Animal Commission Community Member for the City of Indio, explained the current County animal control staffing and contract; County’s collaboration with local rescue groups; upcoming animal clinic at Fantasy Springs Resort Casino in Indio; the efforts of new Director May Martin with the County’s Department of Animal Services; and requirements for licensing dogs in La Quinta.

3. MARKETING AND ECONOMIC DEVELOPMENT STRATEGIES – FISCAL YEAR 2024/25 UPDATE AND PLAN FOR FISCAL YEAR 2025/26
Marketing Manager Graham provided an overview of the City’s fiscal year 2024/25 marketing programs, fiscal year 2025/26 marketing and economic development strategies; and Marketing and Communication Specialist Reyes provided a brief overview of the City’s social media performance and metrics.
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Council discussed Visit Greater Palm Springs Chamber of Commerce use of influencers; use of office for the City’s new podcasts series; use of recap video; importance of JNS Next, the City’s marketing and promotional services consultant, to conduct media advisories; the multiple channels of communication used; frequency of event postings; Shop Local campaign visibility and frequency; and local summer campaign focus.

CONSENT CALENDAR

1. APPROVE COUNCIL MEETING MINUTES DATED MAY 6, 2025

2. EXCUSE ABSENCES OF COMMISSIONERS MAST AND NIETO FROM THE MAY 7, 2025, FINANCIAL ADVISORY COMMISSION MEETING AND MAY 13, 2025, PLANNING COMMISSION MEETING, RESPECTIVELY

3. AUTHORIZE OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DEPUTY

DIRECTOR, PARKS CREW LEAD, AND STREETS CREW LEAD TO ATTEND MAINTENANCE SUPERINTENDENTS ASSOCIATION 2025 ANNUAL
CONFERENCE IN IRVINE, CALIFORNIA, SEPTEMBER 24-26, 2025

4. APPROVE AGREEMENT WITH GRANICUS, LLC FOR WEBSITE HOSTING

AND MAINTENANCE SERVICES

5. APPROVE AMENDMENT NO. 8 TO AGREEMENT FOR CONTRACT SERVICES WITH GHD, INC FOR HIGHWAY 111 CORRIDOR PROJECT NO. 2019-05

6. ACCEPT OFF-SITE AND ON-SITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP NO. 38668 LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND DUNE PALMS ROAD; PROJECT – DUNE PALMS MIXEDUSE PROJECT

7. APPROVE PURCHASE OF 2025 VERMEER CTX100 STAND BEHIND SKID STEER; AND DECLARE MODEL YEAR 2018 VERMEER STUMP GRINDER, 2017 VERMEER CHIPPER, AND 2018 BUTLER TRAILER AS SURPLUS, AND

APPROVE DISPOSAL METHOD

8. RATIFY USE OF SERVICES WITH FIRST LINE ENVIRONMENTAL

SOLUTIONS FOR EMERGENCY HAZMAT CLEANUP AND DISPOSAL

9. APPROVE DEMAND REGISTERS DATED APRIL 25 AND MAY 2, 2025 MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to approve the Consent Calendar as presented. Motion passed unanimously. 21 CLICK HERE to Return to Agenda
CITY COUNCIL MINUTES Page 6 of 10 MAY 20, 2025

BUSINESS SESSION

1. APPOINT MEMBERS OF THE CITY COUNCIL TO SERVE AS CITY

REPRESENTATIVES ON THE NEWLY FORMED COACHELLA VALLEY

POWER AGENCY BOARD OF DIRECTORS
COUNCILMEMBER PEÑA RECUSED HIMSELF FROM PARTICIPATING IN THE DISCUSSION AND VOTE ON BUSINESS SESSION ITEM NO. 1 DUE TO A

CONFLICT OF INTEREST STEMMING FROM A REASONABLE PROBABILITY

OF FUTURE INCOME AND/OR INVESTMENT INCOME FROM AN ELECTRIC

POWER COMPANY (SECURE ENERGY SOURCE), AS NOTED DURING
CONFIRMATION OF AGENDA ABOVE; AND LEFT THE DAIS AT 5:42 P.M.

Council waived presentation of the staff report, which is on file in the Clerk’s Office.

MOTION – A motion was made and seconded by Councilmembers Sanchez/Fitzpatrick to appoint Mayor Evans and Councilmember Fitzpatrick to serve, respectively, as Director and an alternate on the Coachella Valley Power Agency Board of Directors. Motion passed: ayes – 4, noes – 0, abstain – 0, absent – 1 (Peña).

City Clerk Radeva said WRITTEN PUBLIC COMMENTS were received from Rancho Mirage resident Brad Anderson, opposing the newly formed Coachella Valley Power Agency and related Joint Powers Agreement, which were distributed to Council, made public, published on the City’s website, and included in the public record of this meeting.

COUNCILMEMBER PEÑA RETURNED TO THE DAIS AT 5:44 P.M.

2. APPROVE LA QUINTA YOUTH COLLECTIVE (LQYC) PROGRAM
Management Analyst Calderon and Administrative Technician Elizalde presented the staff report, which is on file in the Clerk’s Office.

Council discussed timing for promoting the LQYC program; plans for engaging homeschooled students; scholarship/grant funding to students or directly to schools; documentation for use of grant funds; connecting students to resources and outside organizations in their fields of interest; application to include participation in sports, clubs, etc. – shows they are driven; means of selecting participants for well-rounded group; grade make-up of participants for balance of maturity; and adding a due date to complete the application.

MOTION – A motion was made and seconded by Councilmembers Fitzpatrick/McGarrey to approve the La Quinta Youth Collective Program as presented. Motion passed unanimously.
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3. INTRODUCE FOR FIRST READING AN ORDINANCE ADDING CHAPTER

11.46 TO TITE 11 OF THE LA QUINTA MUNICIPAL CODE RELATED TO

REGULATING UNAUTHORIZED CAMPING WITHIN THE CITY
Public Safety Management Analyst Chastain presented the staff report, which is on file in the Clerk’s Office.

PRESENTER: Lieutenant Francisco (Frank) Velasco, Riverside County Sheriff’s Department – explained that this is one of the numerous layers established by the City to assist with the health and safety of the homeless; the proposed regulations being a lastresort measure to dismantle encampments if it cannot be resolved through the support services and assistance available; explained the personnel and process followed when an encampment is discovered; the personal relationship and compassion between Deputies and homeless individuals; and the balance Deputies face between rights of homeless folks, residents, and businesses.

Council discussed the need and purpose of the proposed regulations; staff’s personal knowledge and relationships with local homeless folks; homelessness being a regional matter; City support of local service agencies focused on assistance; homelessness not being a crime, but unauthorized camping is; City’s efforts to provide affordable housing; and the high costs and State mandates for building affordable housing.

MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to take up Ordinance No. 623 by title and number only and waive further reading adding Chapter

11.46 to Title 11 of the La Quinta Municipal Code related to regulating unauthorized camping within the City as presented. Motion passed unanimously.

City Clerk Radeva read the following title of Ordinance No. 623 into the record:

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 11.46 TO TITLE 11 OF THE LA QUINTA

MUNICIPAL CODE RELATED TO REGULATING UNAUTHORIZED CAMPING

WITHIN THE CITY
MOTION – A motion was made and seconded by Councilmembers Peña/Sanchez to introduce at first reading Ordinance No. 623 to add Chapter 11.46 to Title 11 of the La Quinta Municipal Code related to regulating unauthorized camping within the City as presented. Motion passed unanimously.

MAYOR EVANS CALLED FOR A BRIEF RECESS AT 6:31 P.M.

MAYOR EVANS RECONVENED THE COUNCIL MEETING AT 6:48 P.M. WITH

ALL MEMBERS PRESENT
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STUDY SESSION

1. DISCUSS FISCAL YEAR 2025/26 PRELIMINARY PROPOSED BUDGET Finance Director Martinez presented the staff report, which is on file in the Clerk’s Office.

Council discussed Measure G projections and actuals; increase in Community Service Grants; possible program grants for the certified autism program for businesses; legal limitations on gifts of public funds; expected animal services contract increases; cost of spay/neuter clinics; and possible City assistance to residents with adoption and spay/neuter fees.

PUBLIC HEARINGS – None
DEPARTMENTAL REPORTS – All reports are on file in the City Clerk’s Office. 7-A. POLICE QUARTERLY REPORT – JANUARY-MARCH 2025
Council discussed the Police Report data, particularly the importance of the public safety camera system in solving crimes; monitoring of speeding, noise, collisions on Eisenhower Drive; improved response time; increase in number of calls; and Council’s appreciation of the assistance provided in response to the Palm Springs car bomb incident.

MAYOR’S AND COUNCIL MEMBERS’ ITEMS
Councilmember Sanchez reported on his attendance at the monthly Yappy Hour event held in Palm Desert; and Shays Warriors and Life After Cancer high tea.

Mayor Evans reported on her, and other Councilmembers’ attendance at Desert Sands Unified School District State-of-the-District event; Cal State San Bernardino ground breaking event; Desert Cities Art Council ribbon cutting; Women Leaders Forum; Cathedral City State-of-the-City; Palm Springs Military Officers Association annual scholarship luncheon; Visit Greater Palm Springs Chamber of Commerce promotional tour; and celebration of Blanche Rameriz’ 40 years with DSUSD.

Mayor Pro Tem McGarrey reported on her, and other Councilmembers’ attendance at the Officer Bruce Lee Memorial; and League of California Cities meeting.

Councilmember Peña reported on his attendance at the 2025 California Contract Cities Association Annual Municipal Seminar.

REPORTS AND INFORMATIONAL ITEMS
La Quinta’s representative for 2025, Councilmember Fitzpatrick reported on her participation in the following organization’s meeting:
 RIVERSIDE COUNTY TRANSPORTATION COMMISSION (RCTC)
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CITY COUNCIL MINUTES Page 9 of 10 MAY 20, 2025
La Quinta’s representative for 2025, Mayor Pro Tem McGarrey reported on her participation in the following organization’s meeting:
 COACHELLA VALLEY MOUNTAINS CONSERVANCY
La Quinta’s representative for 2025, Councilmember Peña reported on his participation in the following organization’s meeting:
 CVAG PUBLIC SAFETY COMMITTEE
CLOSED SESSION – Continued

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

COUNCIL RECESSED THE OPEN SESSION PORTION OF THE MEETING AND MOVED INTO CLOSED SESSION AT 7:53 P.M.

MAYOR EVANS RECONVENED THE OPEN SESSION PORTION OF THE CITY COUNCIL MEETING AT 8:36 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. 2 – no reportable action; and  CLOSED SESSION ITEM NO. 3 – 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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ADJOURNMENT
There being no further business, a motion was made and seconded by Councilmembers Peña/McGarrey to adjourn at 8:36 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: June 3, 2025

STAFF REPORT
AGENDA TITLE: ADOPT ORDINANCE NO. 623 ON SECOND READING ADDING CHAPTER 11.46 TO TITLE 11 OF THE LA QUINTA MUNICIPAL CODE RELATED TO

REGULATING UNAUTHORIZED CAMPING WITHIN THE CITY

RECOMMENDATION
Adopt Ordinance No. 623 on second reading adding Chapter 11.46 to Title 11 of the La Quinta Municipal Code related to regulating unauthorized camping within the City.

EXECUTIVE SUMMARY
 On May 20, 2025, Council introduced Ordinance No. 623 for first reading adding Chapter 11.46 to Title 11 of the La Quinta Municipal Code (LQMC) establishing regulations related to unauthorized camping within the City.  If adopted on second reading, Ordinance No. 623 will go into effect 30 days after adoption, or on July 3, 2025.

FISCAL IMPACT – None.

BACKGROUND/ANALYSIS
There has been an increase in unauthorized camping proliferating under bridges, behind commercial buildings, and throughout vacant lots in La Quinta. The encampments raise significant health and safety concerns, and the City is accruing costs for lot abatements.

In fiscal year 2024/25 the City has spent $10,000 in lot abatements related to unauthorized camping.

The City assists the unhoused population by providing annual funding of $100,000 to each of 3 key organizations addressing homelessness – Coachella Valley Rescue Mission (CVRM), Martha’s Village and Kitchen, and Coachella Valley Association of Governments (CVAG). These funds directly support the ongoing regional efforts to provide emergency shelter, meals, case management, and other essential services.

Since August 2024, staff has worked directly with CV Housing First program to identify unhoused individuals that may qualify for housing or other health programs.

While some experiencing homelessness take steps to protect and preserve their own wellbeing and the wellbeing of others by seeking temporary indoor shelter or other available assistance, others experiencing homelessness do not take such steps, and may CONSENT CALENDAR ITEM NO. 2
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prefer to remain without shelter. This can at times hinder or negatively impact the wellbeing of others in La Quinta and the greater Coachella Valley region.

On June 28, 2024, the United States Supreme Court ruled the enforcement of laws regulating camping on public property does not constitute “cruel and unusual punishment” prohibited by the Eighth Amendment (City of Grants Pass, Oregon v. Johnson (2024) 603 U.S. 520). The decision allows cities to establish laws prohibiting camping on public property, even if there is limited shelter.

In July 2024, California Governor Newsom mandated an executive order to encourage state and local agencies to put policies in place to clear unauthorized camps that are in public. After the Supreme Court ruling and the Governor’s executive order, the cities of Palm Springs and Desert Hot Springs adopted regulations prohibiting unauthorized camping. The cities of Palm Desert and Indian Wells have existing regulations addressing unauthorized camping. The proposed ordinance to establish unauthorized camping regulations for La Quinta aligns with these neighboring cities regulations to establish a consistent valley wide approach.

Chapter 11.46 will establish reasonable regulations related to unauthorized camping within the city while preserving the rights of individuals to use public property, and maintain public and private streets and developed and undeveloped areas within the City in a clean, safe, and accessible condition for residents and the public at large.

On May 6, 2025, Council discussed and expressed general support for the proposed unauthorized camping regulations; directed staff to re-examine and clarify the 72-hour camping allowance; add reference to prohibition of alcohol consumption in public; update signage; and in future, consider installing cameras in problem areas.

On May 20, 2025, Council introduced for first reading Ordinance No. 623 proposing to add Chapter 11.46 to the LQMC establishing regulations related to unauthorized camping within the City, which are aligned with those of neighboring cities, supporting a consistent valley-wide approach to addressing unauthorized camping.

If adopted on second reading, Ordinance No. 623 will go into effect 30 days after adoption, or on July 3, 2025.

As part of this update, new signage will be implemented to help inform the community about the new regulations. Furthermore, to assist in the prevention of unauthorized camping along the CV Link, the City plans to install additional cameras in key areas, enhancing monitoring and enforcement efforts.

ALTERNATIVES
As Council approved Ordinance No. 623 at first reading, staff does not recommend an alternative.

Prepared by: Olivia Rodriguez, Management Specialist
Approved by: Monika Radeva, City Clerk
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ORDINANCE NO. 623

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, ADDING CHAPTER 11.46 TO
TITLE 11 OF THE LA QUINTA MUNICIPAL CODE

RELATED TO REGULATING UNAUTHORIZED CAMPING

WITHIN THE CITY
WHEREAS, the State of California has been experiencing a homelessness crisis; and
WHEREAS, the number of unsheltered homeless individuals in the past has been and remains unacceptably high in the Coachella Valley Region of Riverside County, which includes the City of La Quinta (“City”); and
WHEREAS, while some persons experiencing homelessness take steps to protect and preserve their own wellbeing and the wellbeing of other persons by seeking temporary indoor shelter or other available assistance, other persons experiencing homelessness do not take such steps, may prefer to remain without shelter, and at times hinder or negatively impact the wellbeing of other persons in the City and greater Coachella Valley Region; and
WHEREAS, recognizing that states and local agencies may need to enact and enforce reasonable regulations to address certain instances relating to individuals experiencing homelessness, the United States Supreme Court recently ruled that municipal ordinances do not constitute cruel and unusual punishment when applied to individuals experiencing homelessness, even if homelessness may be involuntary (City of Grants Pass, Oregon v. Johnson (2024) 603 U.S. 520); and WHEREAS, pursuant to Article XI, Section 5 of the California Constitution, the City, as a charter city, has broad discretionary power to make and enforce within its limits all ordinances and regulations in respect to municipal affairs; and WHEREAS, the La Quinta Municipal Code (LQMC) currently prohibits, in any public park or recreation area of the City, camping or lodging at any time, or otherwise remaining overnight, whether or not in a structure permanently affixed to the ground, except at a place especially designated and provided for such purpose (LQMC, Section 11.44.060(H)); and
WHEREAS, the City has a substantial interest in updating and ensuring all areas in the City are subject to reasonable regulations that balance the availability and usage by all persons of public and private property open to the public, with the ability for law enforcement and other authorized officials to prohibit unreasonable extended use of such property for camping or other unintended usage by any persons, including persons who may be homeless or experiencing homelessness; and
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Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping Adopted: June 3, 2025

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WHEREAS, the City has the obligation to preserve and protect the public peace, health, safety, and general welfare; and
WHEREAS, the City desires to maintain streets, sidewalks, bridges, underpasses, flood washes and river/flood-beds, bike and golf paths and other rights-of-way, and all developed and undeveloped areas of the city in a clean, safe, and accessible condition for residents, businesses, and the public at large, while also discouraging and preventing the secondary impacts of vagrancy, which can include crime, visual blight, unsanitary conditions, disease, and interference with economic activity or economic development; and
WHEREAS, the City prohibits the consumption and possession of alcoholic beverages on any public street, sidewalk, highway, road, lane, alley, parking lot, or any other publicly owned property that is open to the public. This includes all park and recreational areas within the city limits. Specifically, no person shall consume or possess any alcoholic beverage, as defined by Business and Professions Code Section 23004, on such premises (LQMC, Section 11.08.005); and
WHEREAS, by enacting this Ordinance, the City Council for the City expressly confirms its intent to provide law enforcement personnel with the necessary and appropriate enforcement tools to address public safety concerns and public nuisance conditions, while accommodating in a reasonable manner and consistent with federal law the circumstances of necessity for individuals experiencing homelessness; and WHEREAS, this Ordinance is necessary to provide the City and all law enforcement personnel, including the Riverside County Sheriff’s Department and City Code Enforcement Office, the legal authority to better protect the public and promote the public safety, health, and welfare; and
WHEREAS, all other legal prerequisites to the adoption of the Ordinance have occurred.

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

SECTION 1. ADOPTION: Chapter 11.46 is hereby approved and adopted by the City Council and shall be added to Title 11 of the La Quinta Municipal Code as written in Exhibit A attached hereto and incorporated herein by this reference.

SECTION 2. RECITALS: The Recitals set forth above are incorporated herein and made an operative part of this Ordinance.

SECTION 3. CEQA: The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act, Public Resources Code Section 21000 et seq. (“CEQA”) and implementing regulations, California Code of Regulations, Title 14, Section 15000 et seq. (“CEQA Guidelines”), as it is not a “Project” as defined by CEQA. (CEQA Guidelines, § 15060(c)(3).) Pursuant to CEQA Guidelines Section 30 CLICK HERE to Return to Agenda
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15378(a), a “Project” means the whole of an action, which has a potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. The requested action is to amend the La Quinta Municipal Code to confirm and prevent public nuisances and potential civil and criminal offenses, and therefore is exempt from CEQA under the “common sense” exemption (CEQA Guidelines, § 15061(b)(3)), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

The requested action is further exempt under CEQA Guidelines Section 15060(c)(2), as it will not result in a direct or reasonably foreseeable indirect physical change in the environment.

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

SECTION 5. POSTING: The City Clerk shall, within 15 days after passage of this Ordinance, cause it to be posted in at least three public places designated by resolution of the City Council (Resolution No. 2022-027), shall certify to the adoption and posting of this Ordinance, and shall cause this Ordinance and its certification, together with proof of posting to be entered into the permanent record of Ordinances of the City of La Quinta.

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

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

PASSED, APPROVED and ADOPTED, at a regular meeting of the La Quinta City Council held this 3rd day of June 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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________________________
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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EXHIBIT A
CHAPTER 11.46 UNAUTHORIZED CAMPING

11.46.010 Purpose.

The purpose of this chapter is to preserve and protect the public peace, health and safety, and general welfare of the city, its residents, and businesses. This Chapter establishes reasonable regulations related to unauthorized camping within the city while preserving the rights of individuals to use public property to exercise their First Amendment and other rights pursuant to the United States and California Constitutions.

The purpose of this Chapter is to maintain public and private streets and developed and undeveloped areas within the city in a clean, safe, and accessible condition for residents and the public at large; to promote and protect human sanitation and health while preserving appropriate recreational opportunities within the community; and to discourage or prevent the secondary impacts of vagrancy, such as crime, visual blight, poor sanitation, disease, and interference with economic activity or economic development.

11.46.020 Definitions.

For the purposes of this chapter, the following meanings shall apply:

A. “Camp” means to take up as a person’s living quarters, whether temporary or permanent, and may include pitching, sleeping in, cooking in, or occupying camp facilities or using camp paraphernalia for the purpose of taking up a temporary or permanent place for human habitation. For the purposes of this Chapter, “camp” shall not include the use of any facilities or equipment which are used solely in a place especially designated for camping, used in connection with a special event conducted in accordance with a permit issued by the city, or used as expressly authorized under other provisions of this code.

B. “Camp facilities” include but are not limited to tents, huts, temporary shelters, trailers, and any other vehicle being used for human habitation. For the purposes of this Chapter, “camp facilities” shall not include a recreational vehicle (RV) that is temporarily stored or temporarily used for habitation, or both, in strict compliance with Subsections (D) and (F) of Section 9.60.130 (or successor provisions, as may be amended from time to time) of this code.

C. “Camp paraphernalia” includes but is not limited to collapsible shelters, cots, beds, sleeping bags, bed rolls, hammocks, or cooking equipment, including but not limited to barbeques, open fires, and portable stoves that are not approved by the city.
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Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping Adopted: June 3, 2025

Page 6 of 9 ends

D. "Public property" means any publicly owned property in the city, improved or unimproved, whether owned or leased by the City or other federal, state, or local public agency, including but not limited to any of the following: public buildings; parking lots; public passageways; public streets, sidewalks, alleyways, bridges, underpasses, flood washes and river/flood-beds, bike and golf paths or any other public rights-of-way; publicly owned, maintained, or operated parks; publicly owned, maintained, or operated landscaped areas or greenbelts; publicly owned, maintained, or operated open spaces, including but not limited to those adjacent to City Hall or other public facilities or buildings of any kind; publicly owned, maintained, or operated recreation areas, golf courses, and related facilities; public retention basins, curbs, gutters, and other water-treatment or water-handling improvements or facilities; public educational institutions; or any other government owned, leased, maintained, or operated properties located within the city.

E. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, or to place or leave in a location.

11.46.030 Prohibited Acts.

A. No person shall camp or occupy camp facilities or use camp paraphernalia on or in any of the following areas within the city, except as otherwise provided in this chapter or mandated by applicable federal or state law:

1. Any public property;

2. Any private street or right-of-way, including but not limited to privately owned or privately leased sidewalks and landscaping;

3. Any parking lot, yard, building setback, vacant land, open space, or any other area open or accessible to the public, improved or unimproved;

4. In, on, under, or adjacent to any structure not intended for human occupancy, including but not limited to any bridge or tunnel or similar infrastructure improvement, whether publicly or privately owned, and whether such structure is with or without camp paraphernalia; and

5. In, on, under, or adjacent to a parked vehicle on any public or private property, including but not limited to an automobile, bus, truck, camper, trailer, or recreational vehicle.

B. No person shall urinate or defecate on public or private property in an area exposed to public view, or on any public property except when in a public restroom or in a restroom inside public property for such purpose.

C. No person shall make or kindle an open fire on public or private property accessible to the public except in an appropriate containment device provided or approved for that purpose by the City Fire Marshal and Building Official. 34 CLICK HERE to Return to Agenda
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping Adopted: June 3, 2025

Page 7 of 9 ends

D. No person shall extendedly remain, stay, or loiter on public property or private property accessible to the public between the hours of 10:00 p.m. and dawn of the following day without either a duly issued applicable permit from the city for any public property or the express permission of the owner of the private property accessible to the public.

E. No person shall consume or possess any alcoholic beverage on any public property, or upon privately owned property, that would be in violation of Section

11.08.005 (or successor provisions, as may be amended from time to time) of this code.

11.46.040 Storage of Personal Property in Public Places.

A. It is unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the following areas, except as otherwise expressly permitted by the city:

1. On any public property;

2. On any parking lot, yard, building setback, vacant land, open space, or any other area open or accessible to the public, improved or unimproved, whether on public property or private property.

11.46.050 Exceptions.

A. This chapter shall not apply to camping in a public or commercial campground legally and lawfully approved and permitted for that purpose and in compliance with all laws, regulations, and conditions of approval for such a facility.

B. This chapter shall not apply to events for which a temporary use permit, special event permit, or other applicable permit, has been approved and issued by the city pursuant to applicable provisions of this code.

C. This chapter shall not apply to events that allow camping sponsored or conducted by the city.

D. This chapter shall not apply to the temporary storage or temporary use for habitation, or both, of a recreational vehicle (RV) in strict compliance with Subsections (D) and (F) of Section 9.60.130 (or successor provisions, as may be amended from time to time) of this code; however, this chapter may apply if any RV is stored or used for habitation in excess of the allowable temporary period for such storage or use. Furthermore, this chapter may apply if a vehicle, including any RV, is parked or stored upon any street or alley in violation of Section 12. 28.040 (or successor provisions, as may be amended from time to time) of this code.
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Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping Adopted: June 3, 2025

Page 8 of 9 ends

11.46.060 Enforcement.

A. Any person violating any provision of this chapter may be subject to a civil action brought against the person by the city, may be subject to an administrative citation pursuant to Chapter 1.09 (or successor provisions, as may be amended from time to time), or may be charged with an infraction or misdemeanor. Any person convicted of a misdemeanor for violation of this chapter shall be subject to the penalties set forth in Section 1.01.230(A) (or successor provisions, as may be amended from time to time) of this code. Any person convicted of an infraction shall be subject to the penalties set forth in Section 1.01.230(B) (or successor provisions, as may be amended from time to time) of this code.

B. Each person shall be deemed guilty of a separate offense for each and every day, or any portion thereof, during which any violation of or failure to comply with any of the provisions of this chapter is committed, continued or permitted by such person, and each instance shall be deemed punishable as provided in this chapter.

C. The provisions of this chapter shall not be construed as permitting conduct not proscribed herein and shall not affect the enforceability of any other applicable provisions of law. In explanation of the preceding sentence, nothing in this chapter shall affect, limit, or prevent the enforcement of any applicable provisions in Chapter 11.44, including Section 11.44.060(H) (or successor provisions, as may be amended from time to time), of this code.

D. Any citation issued for a violation of this chapter may be dismissed upon review by the city manager if, in the interest of justice, at the time of citation issuance, all local homeless shelters were full to capacity, the person cited had no reasonable or adequate alternative course of action, the person cited did not engage in any conduct that was contrary to the lawful orders or instructions from any law enforcement officer, and the person cited did not substantially contribute to the circumstances necessitating camping as his or her only reasonable course of action.

E. In addition to any and all rights and remedies available to the city, it shall be a public nuisance for any person to commit, cause, or maintain a violation of this chapter, which shall be subject to abatement by the city under the provisions of Section 1.01.250 (or successor provisions, as may be amended from time to time) and Section 11.72.050 (or successor provisions, as may be amended from time to time), and any other proceedings or remedies available to the city for public nuisances under state law, Chapter 11.72 of this code, or any other applicable provisions of this code. A violation of this chapter is declared a public nuisance and incorporated by reference into Section 11.72.030 (or successor provisions, as may be amended from time to time) of this code. 36 CLICK HERE to Return to Agenda
Ordinance No. 623
Adding Chapter 11.46 to the La Quinta Municipal Code Related to Regulating Unauthorized Camping Adopted: June 3, 2025

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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.

CITY OF LA QUINTA )
I, MONIKA RADEVA, City Clerk of the City of La Quinta, California, do hereby certify the foregoing to be a full, true, and correct copy of Ordinance No. 623 which was introduced at a regular meeting on the 20th day of May 2025, and was adopted at a regular meeting held on the 3rd day of June 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 the 4th day of June 2025, pursuant to Council Resolution.
________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
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38 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 3, 2025

STAFF REPORT
AGENDA TITLE: ADOPT RESOLUTIONS TO: (A) APPROVE PRELIMINARY FISCAL YEAR 2025/26 ENGINEER’S ANNUAL LEVY REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, AND (B) DECLARE INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1

RECOMMENDATION
A. Adopt a Resolution approving the preliminary 2025/26 Engineer’s Annual Levy Report for Landscape and Lighting Assessment District 89-1; and B. Adopt a Resolution declaring the City’s intent to levy annual assessments for construction, maintenance, and servicing landscape and lighting improvements within the Citywide Landscape and Lighting Assessment District 89-1 and giving notice thereof.

EXECUTIVE SUMMARY
 Annually, Council must take certain actions to allow the City to levy annual assessments pertaining to Citywide Landscape and Lighting Assessment District 89-1 (District).
 These actions include adopting the recommended resolutions and scheduling a public hearing (Hearing).
 The annual assessments fund 26% of the citywide landscape, lighting, median, and parkways maintenance costs. The fiscal year (FY) 2025/26 assessment rate will remain at $35.60 per dwelling/parcel also identified as an equivalent benefit unit (EBU). This has been the rate since 1997.
 Any increase to the assessment rate requires a benefit analysis; new assessments must then be approved by a majority vote of all property owners within the City, which comprises the District.

FISCAL IMPACT
The estimated FY 2025/26 cost for retention basin maintenance, and median and parkway landscape and lighting maintenance is $3,808,000 (Table 1 on page 12 of Attachment 1).

The EBU will generate an estimated $1,002,096. The City will also receive $150,000 from County Service Area 152, levied by Riverside County, for retention basin maintenance. The combined income is projected to be $1,152,096, leaving a shortfall, funded by the General Fund, of $2,655,904.

CONSENT CALENDAR ITEM NO. 3
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BACKGROUND/ANALYSIS
In 1989, the City formed the District to fund the maintenance, construction, and servicing of landscape areas, streetlights and traffic signals. Pursuant to the Landscape and Lighting Act of 1972, the City must annually perform a series of activities as outlined in Attachment 2, including preparation of an annual engineer’s report.

The FY 2025/26 Preliminary Engineer’s Annual Levy Report (Engineer’s Report), included as Attachment 1, has been prepared by City staff and Willdan Financial Services (Willdan), who provides parcel recognition support to establish the maintenance budget and identify the benefitting parcels. Below is a comparison of the FYs 2024/25 and 2025/26 Engineer’s Reports (Table 2 on page 13 of Attachment 1).

FY 2024/25 FY 2025/26
Citywide Benefit Zone Yes Yes
Number of Local Benefit Zones 6 6
Number of Equivalent Benefit Units (EBU’s) 28,009 28,149 EBU Rate $35.60/EBU $35.60/EBU
District Revenue $997,118 $1,002,096
Willdan projects an increase of 140 in EBU’s from FYs 2024/25 to 2025/26; actuals will be based on the final FY 2025/26 County Secured Tax Roll.

All property owners, including those within the six local benefit zones, would be assessed a flat rate. The methodology has remained the same under the provisions of Proposition 218, which prohibits assessment increases without the approval of a simple majority of property owners in a public vote within the District.

The Council is required to approve the Engineer’s Report and schedule a public hearing to allow property owners an opportunity to provide testimony regarding any proposed changes.

The hearing is scheduled for June 17, 2025.

Approving the Engineer’s Report does not impose the proposed EBU; the City can only levy the fee after a public hearing. Upon conclusion of the hearing, Council may consider the testimony and a resolution confirming the assessment diagram and EBU Rate.

The Engineer’s report also includes an annual review of the general funds budgeted for parks (Table 1) for Council to consider if they ever chose to pursue the creation of a Parks Assessment District.

ALTERNATIVES
Council may elect to increase assessments in order to fully fund the District costs. Staff projects that the assessment would need to increase to $135.28 per EBU to balance the District budget. If Council selects this option, a District-wide benefit analysis and approval of the new assessments by vote of all affected property owners would be required.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachments: 1. Preliminary Engineer’s Annual Levy Report FY 2025/26

2. Annual Activities Report
40 CLICK HERE to Return to Agenda
RESOLUTION NO. 2025 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY
ENGINEER’S REPORT FOR FISCAL YEAR 2025/2026 IN

CONNECTION WITH LA QUINTA LANDSCAPE AND
LIGHTING ASSESSMENT DISTRICT 89-1
WHEREAS, the City Engineer has prepared and filed a report entitled “La Quinta Landscape and Lighting Assessment District 89-1, Preliminary Engineer’s Report” (the “Report”) with the City Clerk of the City of La Quinta; and WHEREAS, the Report has been presented to City Council for review; and WHEREAS, the City Council has carefully examined and reviewed such Report.

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

SECTION 1. The Report, as filed, is hereby approved.

SECTION 2. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll.

SECTION 2. This Resolution shall go into effect upon adoption.

PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of June 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
41 CLICK HERE to Return to Agenda
Resolution No. 2025 – XXX
Preliminary Engineer’s Report L&L District 89-1
Adopted: June 3, 2025

Page 2 of 2 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
42 CLICK HERE to Return to Agenda
RESOLUTION NO. 2025 – XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION

TO LEVY THE ANNUAL ASSESSMENTS FOR

CONSTRUCTION, MAINTENANCE, AND SERVICING

LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN

THE BOUNDARIES OF THE TERRITORY INCLUDED IN

THE CITYWIDE LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89-1 AND TO LEVY AND

COLLECT ASSESSMENTS PURSUANT TO THE
LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING

NOTICE THEREOF
WHEREAS, the City Council, by its Resolution No. 89-9, initiated proceedings pursuant to provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as “the Act”), for the formation of a Landscape and Lighting Assessment District designated “La Quinta Landscape and Lighting Assessment District 89-1,” shall include all of the territory located within the boundaries of the City; and
WHEREAS, the City Council desires to levy and collect assessments within Landscape and Lighting Assessment District 89-1 for the Fiscal Year commencing July 1, 2025, and ending June 30, 2026, to pay the costs and expenses of constructing, operating, maintaining, and servicing landscaping, lighting and associated facilities located within public places in the City; and
WHEREAS, the Engineer selected by the City Council has prepared and filed a report in connection with the Landscape and Lighting Assessment District 89-1 with the City Clerk of the City of La Quinta; and
WHEREAS, the report has presented to the City Council and the City Council did, by previous Resolution, approve such report.

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

SECTION 1. The City Council has previously formed Landscape and Lighting Assessment District 89-1 pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500.

SECTION 2. The City Council hereby finds that the maintenance and operation of projects identified in the Preliminary Engineer’s Report for Landscape and Lighting 43 CLICK HERE to Return to Agenda
Resolution No. 2025 – XXX
Intent to Levy L&L District 89-1
Adopted: June 3, 2025

Page 2 of 3 ends

Assessment District 89-1 consisting solely of exempt items of sidewalks, streets, sewers, water, flood control, and/or drainage pursuant to Article 13D Section 5(a) of the California Constitution, that the public interest requires the maintenance of the improvements, and declares its intention to levy and collect assessments for the fiscal year commencing July 1, 2025 and ending June 30, 2026 to pay for the costs and expenses of the improvements described in Section 4 hereof.

SECTION 3. The territory included within the boundaries of the Assessment District includes all of the land included within the boundaries of the City.

SECTION 4. Reference is hereby made to the report of the Engineer on file with the City Clerk of the City of La Quinta for a full and fair description of the improvements, the boundaries of the Assessment District and any zones therein and the proposed assessments upon assessable lots and parcels of land within the Assessment District.

SECTION 5. Notice is hereby given that June 17, 2025, at 5:00 p.m., at the City Council Chamber, located at 78495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed for a Public Meeting by the City Council to allow public testimony regarding the assessment.

SECTION 6. Notice is hereby given that June 17, 2025, at 5:00 p.m., at the City Council Chamber, located at 78495 Calle Tampico, La Quinta, California, 92253, is the time and place fixed to hold a duly noticed Public Hearing by the City Council on the question of the levy of the proposed assessment for Landscape and Lighting Assessment District 89-1. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or, withdrawal of the protest. A written protest shall state all grounds of objections and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the hearing, all interested persons shall be afforded the opportunity to hear and be heard.

SECTION 7. The City Clerk is hereby authorized and directed to give notice of such hearings as provided in the Act.

SECTION 8. The City Council hereby designates The Desert Sun as the newspaper in which notice of the Public Hearing shall be published.

SECTION 9. The City Council authorizes and directs the City Clerk to (i) submit certified copies of this resolution to the County of Riverside and (ii) take such other and further actions as may be necessary and proper for the County Assessor to place this assessment on the tax roll.

SECTION 10. This Resolution shall go into effect upon adoption. 44 CLICK HERE to Return to Agenda
Resolution No. 2025 – XXX
Intent to Levy L&L District 89-1
Adopted: June 3, 2025

Page 3 of 3 ends

PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 3rd day of June 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
LINDA EVANS, Mayor
City of La Quinta, California
ATTEST:
_________________________
MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___________________________
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
45 CLICK HERE to Return to Agenda
City of La Quinta
Street Lighting and Landscape
District No. 89-1
2025/2026 ENGINEER’S ANNUAL LEVY REPORT
Intent Meeting: June 3, 2025
Public Hearing: June 17, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
ATTACHMENT 1
46 CLICK HERE to Return to Agenda

AFFIDAVIT FOR THE ENGINEER'S ANNUAL LEVY REPORT
City of La Quinta
Street Lighting and Landscape District No. 89-1
Riverside County, State of California
This Report and the enclosed diagrams show the exterior boundaries of the District therein including the improvements, budgets, parcels and assessments to be levied for Fiscal Year 2025/2026, as they existed at the time of the passage of the Resolution of Intention. Reference is hereby made to the Riverside County Assessor’s maps for a detailed description of the lines and dimensions of parcels within the District. The undersigned respectfully submits the enclosed Report as directed by the City Council.

Dated this ____________ day of ______________, 2025.

Willdan Financial Services
Assessment Engineer
On Behalf of the City of La Quinta
By: ________________________________
Daniel Louie
Senior Project Manager, District Administration Services By: ________________________________
Tyrone Peter
P.E. # C 81888
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ENGINEER'S REPORT

CITY OF LA QUINTA

STREET LIGHTING AND LANDSCAPE
DISTRICT NO. 89-1
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached was filed with me on the day of , 2025.

BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Engineer's Report, together with Assessment Roll thereto attached, was approved and confirmed by the City Council of the City of La Quinta, California, on the day of , 2025.

BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
I HEREBY CERTIFY that the enclosed Assessment Roll was filed with the County Auditor of the County of Riverside, on the day of , 2025.

BY: Monika Radeva, City Clerk
City of La Quinta
Riverside County, California
48 CLICK HERE to Return to Agenda

TABLE OF CONTENTS
I. OVERVIEW 1
A. INTRODUCTION 1
B. COMPLIANCE WITH CURRENT LEGISLATION 1
C. HISTORICAL BACKGROUND AND LEGISLATION 2
II. DESCRIPTION OF THE DISTRICT 2
A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT 2 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT 2
C. IMPROVEMENTS WITHIN THE DISTRICT 4
III. METHOD OF APPORTIONMENT 5
A. GENERAL 5
B. BENEFIT ANALYSIS 5
C. METHODOLOGY 6
IV. DISTRICT BUDGETS 10
A. DESCRIPTION OF BUDGET ITEMS 10
B. 2025/2026 DISTRICT BUDGET 11
APPENDIX A – DISTRICT ASSESSMENT DIAGRAM 14
APPENDIX B – 2025/2026 COLLECTION ROLL 15
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2025/2026 City Of La Quinta L&L 89-1 Page 1 of 15
I. OVERVIEW
A. INTRODUCTION
The City of La Quinta (the “City”) annually levies and collects special assessments in order to provide and maintain the facilities, improvements and services within Street Lighting and Landscape District No. 89-1 (the “District”). The District was formed in 1989 pursuant to the Landscaping and Lighting Act of 1972 (the “1972 Act”), Part 2 of Division 15 of the Streets and Highways Code and authorizes the Agency to annually levy and collect assessments to maintain the services and improvements related thereto.

This Engineer’s Annual Levy Report (the “Report”) describes the District, any changes to the District, and the proposed assessments for Fiscal Year 2025/2026.

The proposed assessments are based on the estimated cost to maintain improvements that provide special benefit to properties assessed within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately, including expenditures, deficits, surpluses, revenues, and reserves. The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessor Parcel Number (“APN”) by the Riverside County Assessor’s Office. The Riverside County Auditor/Controller uses Assessor Parcel Numbers and specific fund numbers on the tax roll to identify properties assessed for special district benefit assessments.

Each parcel within the District is assessed proportionately for those improvements provided by the District and from which the parcel receives special benefit.

Following consideration of public comments, written protests at a noticed public hearing and review of the Report, the City Council may order amendments to the Report or confirm the Report as submitted. Following final approval of the Report, and confirmation of the assessments, the City Council may order the levy and collection of assessments for Fiscal Year 2025/2026 pursuant to the 1972 Act. In such case, the assessment information will be submitted to the Riverside County Auditor/Controller and included on the property tax roll for each benefiting parcel for Fiscal Year 2025/2026.

B. COMPLIANCE WITH CURRENT LEGISLATION
The District was formed in 1989 pursuant to the 1972 Act. As such, the City has determined that pursuant to California Constitution Article XIIID Section 5 Subsection A the existing assessments are exempt from the substantive and procedural requirements of Proposition 218. Any new or increased assessments above the maximum assessment rates previously approved and levied by the City Council would be subject to both the substantive and procedural requirements of the Proposition.
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2025/2026 City Of La Quinta L&L 89-1 Page 2 of 15
C. HISTORICAL BACKGROUND AND LEGISLATION
The assessments for the District provide a special benefit to the parcels assessed, and the City utilizes General Fund Revenues to fund improvements and services that are considered general benefit.

This District was formed pursuant to the 1972 Act, which permits the establishment of assessment districts by cities for the purpose of providing for the maintenance of certain public improvements, which include the facilities existing within the District, as those improvements provide a special benefit to parcels.

The City Council reviews the current and projected years’ costs for the construction, operation, maintenance, and servicing of the District facilities and sets the assessment for the ensuing fiscal year, which runs between July 1 and June 30.

II. DESCRIPTION OF THE DISTRICT
A. DISTRICT BOUNDARIES AND SPECIFIC AREAS OF IMPROVEMENT The boundaries of the District are coterminous with the boundaries of the City. The Diagram of the District showing the exterior boundaries has been submitted to the City Clerk at the City and is included by reference.

B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of public lighting facilities. • The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. 51 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 3 of 15
• The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment;
• The costs of printing, advertising, and the publishing, posting and mailing of notices;
• Compensation payable to the Riverside County (the “County”) for collection of assessments;
• Compensation of any engineer or attorney employed to render services; • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements;
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
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2025/2026 City Of La Quinta L&L 89-1 Page 4 of 15
C. IMPROVEMENTS WITHIN THE DISTRICT
The District improvements are the operation, servicing and maintenance of landscaping, lighting and appurtenant facilities, including, but not limited to, personnel, electrical energy, water, materials, contracting services, and other items necessary for the satisfactory operation of these services described as follows:
• Landscaping and Appurtenant Facilities include, but are not limited to, landscaping, planting, shrubbery, trees, irrigation systems, hardscapes, fixtures, sidewalk maintenance and appurtenant facilities, located within the public street rights-of-way, medians, trails, and dedicated street, drainage or sidewalk easements within the boundary of the District. • Lighting and Appurtenant Facilities include, but are not limited to, poles, fixtures, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices, controllers and appurtenant facilities as required to provide safety lighting and traffic signals within public street rights-of-way and easements within the boundaries of the District. • Maintenance is defined as the furnishing of services and materials for the operation and usual maintenance, operation and servicing of the landscaping, public lighting facilities and appurtenant facilities, including repair, removal or replacement of landscaping, public lighting facilities, or appurtenant facilities; providing for the life, growth, health and beauty of the landscaping, including cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; and the removal of trimmings, rubbish, debris and other solid waste.
• Servicing is defined as the furnishing of water for the irrigation of the landscaping and the furnishing of electric current or energy, gas or other illuminating agent for the public lighting facilities, or for the lighting or operation of landscaping or appurtenant facilities.

The plans and specifications for the improvements are on file in the office of the City Engineer and are by reference made a part of this Report. 53 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 5 of 15
III. METHOD OF APPORTIONMENT
A. GENERAL
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements that include the construction, maintenance and servicing of public lights, landscaping and appurtenant facilities.

The 1972 Act further requires that the cost of these improvements be levied according to benefit rather than assessed value:
“The net amount to be assessed upon lands within an
assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
The formula used for calculating assessments in this District therefore reflects the composition of the parcels, and the improvements and services provided, to apportion the costs based on benefit to each parcel.

B. BENEFIT ANALYSIS
Properties within the District boundary are found to derive a special benefit from the improvements provided by the District. These properties include single family residential, non-residential, vacant residential and non-residential, golf courses, agricultural and hillside conservation properties, vacant and remote non-residential and rural and estate residential properties.

Special Benefits
The method of apportionment (method of assessment) is based on the premise that each assessed parcel receives special benefit from the improvements maintained and funded by the assessments, specifically, landscaping and lighting improvements installed in connection with the development of these parcels. The desirability of properties within the District is enhanced by the presence of wellmaintained landscaping and lighting improvements in close proximity to those properties.

The annual assessments outlined in this Report are based on the estimated costs to provide necessary services, operation, administration, and maintenance required to ensure the satisfactory condition and quality of each improvement.

The special benefits associated with the landscaping improvements are specifically:
• Enhanced desirability of properties through association with the 54 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 6 of 15
improvements.
• Improved aesthetic appeal of properties within the District providing a positive representation of the area.
• Enhanced adaptation of the urban environment within the natural environment from adequate green space and landscaping.
• Environmental enhancement through improved erosion resistance, and dust and debris control.
• Increased sense of pride in ownership of property within the District resulting from well-maintained improvements associated with the properties.
• Reduced criminal activity and property-related crimes (especially vandalism) against properties in the District through well-maintained surroundings and amenities.
• Enhanced environmental quality of the parcels by moderating temperatures, providing oxygenation and attenuating noise.

The special benefits of street lighting are the convenience, safety, and security of property, improvements, and goods, specifically:
• Enhanced deterrence of crime – an aid to police protection. • Increased nighttime safety on roads and highways.
• Improved visibility of pedestrians and motorists.
• Improved ingress and egress to and from property.
• Reduced vandalism, damage to improvements or property, and other criminal acts.
• Improved traffic circulation and reduced nighttime accidents and personal property loss.
• Increased promotion of business during nighttime hours in the case of commercial properties.

The preceding special benefits contribute to a specific enhancement and desirability of each of the assessed parcels within the District.

C. METHODOLOGY
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that distributes the net amount to be assessed among the assessable parcels in proportion to the estimated special benefits to be received by each such parcel from the improvements. The special benefit formula used within the District should reflect the composition of the parcels - and the 55 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 7 of 15
improvements and services provided therein - to apportion the costs based on estimated special benefit to each parcel.

The cost to provide maintenance and service of the improvements within the District shall be equitably distributed among each assessable parcel based on the estimated special benefit received by each parcel.

Equivalent Benefit Units
To equitably spread special benefit to each parcel, it is necessary to establish a relationship between the various types of properties within the District and the improvements that benefit those properties. Each parcel within the District is assigned an Equivalent Benefit Unit (“EBU”) factor that reflects its land use, size and development, or development potential. Parcels that receive special benefit from the various District improvements are proportionately assessed for the cost of those improvements based on their calculated EBU. The EBU method assessment for this District uses the Single-Family Residential parcel as the basic unit of assessment. A Single Family Residential (“SFR”) parcel equals one EBU.

Every other land-use is assigned an EBU factor based on an assessment formula that equates the property’s specific land-use and relative special benefits compared to the Single-Family Residential parcel.

The EBU method of apportioning special benefits is typically seen as the most appropriate and equitable assessment methodology for districts formed under the 1972 Act, as the benefits to each parcel from the improvements are apportioned as a function of land use type, size, and development. The following table provides a listing of land use types, the EBU factors applied to that land use and the multiplying factor used to calculate each parcel’s individual EBU for each improvement provided in the District.

During the formation of the District, a methodology was developed to calculate the EBUs for other residential and non-residential land use parcels, which are outlined below for reference. Every land use is assigned EBUs based on the assessment formula approved for the District. Parcels which have been determined to receive greater benefit than the SFR parcel are assigned more than 1 EBU and parcels that are determined to receive lesser benefit than SFR parcels are assigned less than 1 EBU as reflected in the Assessment Methodology.
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2025/2026 City Of La Quinta L&L 89-1 Page 8 of 15
Single-Family Residential
The City’s General Plan allows up to one acre of area for subdivided residential lots. The subdivided single-family lot equal to or less than one acre in size is the basic unit for calculation of the benefit assessments. Parcels less than one acre in size zoned for single-family residential use are assessed one (1) EBU.

Multi-Family Residential
Multi-Family Residential parcels are assessed one-half (0.5) EBU per unit.

Non-Residential
The factor used for converting nonresidential is based on the average number of typical single-family residential lots of five per acre. Therefore, non-residential parcels will be assessed five (5) EBUs per acre with a minimum number per parcel of one (1) EBU.

Vacant Residential
Parcels defined as single family residential parcels less than one acre and having no structure will be assessed 33 percent (33%) of a single-family dwelling, or 0.33 EBU per parcel.

Vacant Non-Residential
Parcels not considered single family residential parcels less than one acre and having no structure will be assessed based on acreage. The typical development in La Quinta occurs in increments of twenty (20) acres or less. The first twenty (20) acres of a Vacant Non-Residential parcel will be assessed at a rate of 33 percent (33%) of developed nonresidential properties, or 1.65 EBU per acre or any portion of an acre. The minimum number of EBUs per parcel is one (1) EBU. Any parcel of land greater than twenty (20) acres is considered open space and exempt from assessment until such time as parcel subdivision or development occurs.

Land Use EBU Factor
Exempt Parcels 0.0
Single Family Residential Parcels 1.0 per unit
Multi-Family Residential Parcels 0.5 per unit
Non-Residential Parcels 5.0 per acre; 1.0 minimum
Vacant Residential Parcels 0.33 per unit
Vacant Non-Residential Parcels 1.65 per acre for first 20 acres only Golf Course Parcels 0.50 per acre; 1.0 minimum
Agricultural Parcels 0.25 per acre; 1.0 minimum
Hillside Conservative Zone Parcels 0.10 per acre
Vacant & Remote Parcels 0.825 per acre for first 20 acres only Rural/Estate Residential 1.0 + 0.33 per acre in excess 1 acre 57 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 9 of 15
Golf Courses
Properties identified as golf courses will be assessed a rate of 10 percent (10%) of the developed nonresidential properties, or 0.50 EBU per acre or any portion of an acre. The minimum number per parcel is one (1) EBU.

Agricultural
Properties identified as agricultural will be assessed a rate of 5 percent (5%) of developed nonresidential properties, or 0.25 EBU per acre or any portion of an acre. The minimum number per parcel is one (1) EBU.

Hillside Conservation
Parcels located in areas zoned Hillside Conservation per the City’s Official Zoning Map will be assessed on the basis of allowable development within the Hillside Conservation Zone. The parcel will be assessed as one dwelling unit per ten (10) acres or 0.10 EBU per acre or any portion of an acre.

Vacant and Remote Non-Residential Parcels (LAFCO Annexation No. 9) Parcels not considered single family residential parcels less than one (1) acre and do not contain structures, will be assessed based on acreage. The City defines Vacant and Remote Non-Residential as parcels physically separated from City services and not readily able to develop due to difficult access and utility limitations. The land values are typically one half the value of other Vacant NonResidential parcels because of the high cost of constructing appropriate access and utility infrastructures necessary. The Vacant and Remote Non-Residential parcels are assessed a rate of 0.825 EBUs per acre or portion thereof, for the first twenty (20) acres, with a minimum of one (1) EBU per parcel.

Rural/Estate Residential
Parcels of one acre or more in size, but having only one residential unit are identified as Rural/Estate Residential. These parcels will be assessed a rate of one (1) EBU for the first acre and 0.33 EBUs for each additional acre or portion of an acre.

Exempt Property
Publicly owned property and utility rights-of-way are exempt from assessment, as well as parcels of land shown on the County Assessor's records as Vacant Desert Land, Vacant Mountain Land, Agricultural Preserve and Public Utility owned land.

This Report does not propose an increase in the District’s assessment rates for Fiscal Year 2025/2026 over or above the maximum rate established. The proposed rate per EBU for Fiscal Year 2025/2026 is the same rate assessed for Fiscal Year 2024/2025. The base assessment rate to be approved for Fiscal Year 2025/2026 is $35.60.

The maximum assessment rate per EBU may not increase without a vote of the property owners in the District. Therefore, the assessment is proposed to remain at the maximum amount of $35.60 per EBU. This equates to total projected 58 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 10 of 15
assessment revenue of $1,002,096. The City proposes the remaining $6,969,954 be funded through a General Fund contribution of $6,819,954 and $150,000 of revenue from CSA 152.

IV. DISTRICT BUDGETS
A. DESCRIPTION OF BUDGET ITEMS
The 1972 Act requires that a special fund be established and maintained for the revenues and expenditures of the District. Funds raised by assessment shall be used only for the purposes as stated herein. A contribution to the District by the City may be made to reduce assessments, as the City Council deems appropriate.

The following describes the services and costs that are funded through the District, shown in the District Budgets.

District Costs
Personnel – Reflects relevant City Staff salaries, wages and benefits, and also includes Worker’s Compensation Insurance, Stand-By, and Overtime Labor.

Contract Services – Includes contracted labor, such as the County Tax Roll Administration Fees, maintenance and repair of traffic signals, tree trimming, and security service.

Rental Services – Reflects funds used for the purpose of uniform rental.

Vehicle Operations – Includes the maintenance of fleet vehicles.

Utilities – Includes the electric, telephone, and water services.

Travel Training & Meetings – Reflects the funds used for the purposes of training and meetings.

Information Technology – Includes computers, printers, and other related items and services.

Operating Supplies – This item includes plant replacement, safety gear, field materials, and the materials used for the purposes of removing graffiti.

Small Tools/Equipment – Includes non-capital small tools and equipment.

District Administration – The cost for providing the coordination of District services and operations, response to public concerns and education, as well as procedures associated with the levy and collection of assessments. This item also includes the costs of contracting with professionals to provide any additional administrative, legal or engineering services specific to the District 59 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 11 of 15
including any required notices, mailings or property owner protest ballot proceedings.

B. 2025/2026 DISTRICT BUDGET
For the purpose of estimating costs for the maintenance and servicing, actual costs are used where possible. However, where the improvements are new, or where actual maintenance experience is lacking, cost estimates will be used to determine costs. The Budget of estimated cost of operation, servicing, and maintenance for Fiscal Year 2025/2026 is summarized on the next page in Table 1. 60 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 12 of 15
Table 1 - Fiscal Year 2025/2026 Budget
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The following information was obtained from the Riverside County Assessor's Secured Roll, Assessor's Parcel Maps, and the City’s Planning Department. The land use categories were developed to classify the different land use types in the City.

Table 2
(1) The difference in the “Balance to Levy” amount in Table 1 and the total FY 2025/2026 Levy amount in Table 2 is a rounding difference due to the County even penny requirement for each charged parcel.

Actuals will be based on the final County Secured Roll for Fiscal Year 2025/2026.

Differences are generally due to changes in County Land Use Classifications or Assessor’s Parcel Number changes.

Land Use FY 2025/2026
Parcel Count
County
Acres
Prior Year
EBU
Prior Year
Levy
FY
2025/2026
EBU
FY 2025/2026
Levy (1)
Agricultural 17 371.44 93.22 $3,318.60 93.22 $3,318.60
Exempt 88 139.74 0.00 0.00 0.00 0.00
Golf Course 284 3,497.57 1,805.92 64,289.08 1,805.92 64,289.08 Hillside
Conservation 13 318.93 31.89 1,135.28 31.89 1,135.28
Multi-Family
Residential 34 94.80 642.00 22,855.20 642.00 22,855.20
Non-Residential 285 582.17 2,925.65 104,153.14 2,925.65 104,153.14 Rural/ Estate 57 117.97 95.93 3,414.62 95.93 3,414.62
Vacant/ Remote 15 146.20 120.62 4,293.80 120.62 4,293.80 Single Family
Residential 21,597 3,983.52 21,597.00 768,853.20 21,597.00 768,853.20 Vacant
Residential 1,092 799.49 360.36 12,820.08 360.36 12,820.08 Vacant NonResidential 176 505.87 476.52 16,962.52 476.52 16,962.52 Total 23,570 10,417.96 28,149.11 $1,002,095.52 28,149.11 $1,002,095.52 62 CLICK HERE to Return to Agenda
2025/2026 City Of La Quinta L&L 89-1 Page 14 of 15
APPENDIX A – DISTRICT ASSESSMENT DIAGRAM
The Boundary Diagrams for the original districts have previously been submitted to the Clerk of the City in the format required under the 1972 Act and are made part of this Report by reference.

The parcel identification, lines and dimensions of each parcel within the District are those lines and dimensions shown on the Assessor’s Maps of Riverside County for the year in which this Report was prepared and is incorporated by reference and made part of this Report.

The attached Landscape Maintenance Map displays the landscape maintenance areas within the City.
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2025/2026 City Of La Quinta L&L 89-1 Page 15 of 15
APPENDIX B – 2025/2026 COLLECTION ROLL
Parcel identification, for each lot or parcel within the District, shall be the parcel as shown on the Riverside County Assessor’s Parcel Maps and/or the Riverside County Secured Tax Roll for the year in which this Report is prepared.

Non-assessable lots or parcels may include government owned land, public utility owned property, land principally encumbered with public right-of-ways or easements and dedicated common areas. These parcels will not be assessed.

A listing of parcels within the District, along with the proposed assessment amounts, has been submitted to the City Clerk and, by reference, is made part of this Report.

Upon approval of the Report and confirmation of the assessments, the assessment information will be submitted to the County Auditor/Controller and included on the property tax roll in Fiscal Year 2025/2026. If the parcels or APNs within the District and referenced in this Report, are re-numbered, re-apportioned or changed by the County Assessor’s Office after approval of the Report, the new parcel or APNs with the appropriate assessment amount will be submitted to the County Auditor/Controller. If the parcel change made by the County includes a parcel split, parcel merger or tax status change, the assessment amount submitted on the new parcels or APNs will be based on the method of apportionment and levy amount approved in this Report by the City Council. 64 CLICK HERE to Return to Agenda
ATTACHMENT 2

ANNUAL ACTIVITIES

LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT
Adopt the following Resolutions:

1. Approve Preliminary Engineer’s Report (June 3, 2025).

2. Intention to levy annual assessment and notice of Public Meeting/Hearing (June 17, 2025).

3. Conduct a Public Meeting to allow testimony regarding the proposed assessments prior to Public Hearing (June 17, 2025).

4. Conduct a Public Hearing to allow written protests of the proposed assessment to be considered by the City Council prior to adoption of the final assessments (June 17, 2025).
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City of La Quinta
CITY COUNCIL MEETING: June 3, 2025

STAFF REPORT
AGENDA TITLE: APPROPRIATE FUNDING FOR THE SIGNAL AND CROSSWALK IMPROVEMENTS PROJECT NO. 2024-18 AND INCREASE ST. FRANCIS SPENDING

AUTHORITY

RECOMMENDATION
Appropriate General Fund budget of $700,000 for the Signal and Crosswalk Improvements Project located at X-Park, Dune Palms Road and Highway 111, and Avenue 52 and Avenida Bermudas; and increase St. Francis spending authority in Fiscal Year 2024/2025 to $610,000.

EXECUTIVE SUMMARY
 Staff received requests to install lighted crosswalks on Dune Palms Road at the X-Park and at the Avenue 52 Roundabout near Fritz Burns Park to enhance pedestrian safety; partial infrastructure was completed at X-Park during bridge construction, but pole procurement was delayed (Attachment 1).  A separate signal modification is required at Dune Palms Road and Highway 111 due to road widening associated with adjacent development; this includes relocating and replacing a traffic signal pole to accommodate a new curb ramp. (Attachment 1).
 The City’s on-call consultant, TKE, and on-call traffic signal maintenance contractor, St. Francis, will complete design, procurement, and installation of the crosswalks and signal modifications.

FISCAL IMPACT
This project is currently not in the Capital Improvement Program (CIP). Staff requests General Fund budget appropriation of $700,000 to fund the project. The following is the project budget:

Total Budget
Design/Professional: $ 75,000
Inspection/Testing/Survey: $ 15,000
Construction: $ 550,000
Contingency: $ 60,000
Total Budget: $ 700,000
CONSENT CALENDAR ITEM NO. 4
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BACKGROUND/ANALYSIS
During the Dune Palms Bridge construction, staff received a request for a lighted crosswalk at the X-Park. In anticipation, the bridge contractor installed the median cutthrough with Americans with Disabilities Act (ADA)-compliant ramps and pole footings.

However, due to extended lead times for pole procurement, the poles were not ordered or installed during the project timeline. The estimated construction cost of this crosswalk is $140,000.

The second request for a lighted crosswalk came from residents who regularly cross from the overflow parking lot to Fritz Burns Park via the Avenue 52 roundabout. To improve pedestrian safety and expedite installation, staff recommends treating this as a standalone improvement rather than incorporating it into the Fritz Burns Park improvements project currently underway, to eliminate the possibility of delays. The estimated cost is this crosswalk is $175,000.

Additionally, with new development occurring along the east side of Dune Palms Road, north of Highway 111, the City used this opportunity to widen the road to its General Plan ultimate width. As a result, the traffic signal at the northeast corner of Dune Palms Road and Highway 111 must be modified. Specifically, one traffic signal pole will be relocated and upgraded to accommodate a new curb ramp that will be reconstructed as part of the Highway 111 reconstruction project. To align construction schedules, a temporary pole will be installed in the interim. The estimated cost of this signal pole replacement is $235,000 and this part of the project is being timed to coincide with work being done as part of the Highway 111 Paving Project which necessitates the request for appropriation now rather than as part of the upcoming CIP.

The City is utilizing its on-call consultant, TKE Engineering, and on-call contractor, St.

Francis Electric, to complete the design, procure necessary materials, and perform installation and modifications. St. Francis needs additional spending authority up to $610,000 in fiscal year 2024/2025 to complete the work.

This project number was initially tracking the Fritz Burns Park Lighted Crosswalk Project.

Staff recommend renaming the project to combine similar project scopes and track the project areas as one project since the designer and contractor are recommended to be the same for each project area.

Contingent upon Council’s approval to fund the project on June 3, 2025, the following is the project schedule:

Council Considers Project Funding June 3, 2025
Dune Palms Temporary Pole June 4 to June 23, 2025
Pole Procurement June 2025 to April 2026
Install Improvements April 2026 to June 2026
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ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Ubaldo Ayón, Jr., Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Vicinity Map
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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

SIGNAL AND CROSSWALK IMPROVEMENTS
Notes
REPORT PRINTED ON... 5/22/2025 4:03:44 PM

LOCATION MAP
0 6, 12,037
019
Feet
County Boundary
City Boundaries
World_Street_Map
ATTACHMENT 1
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City of La Quinta
CITY COUNCIL MEETING: June 3, 2025

STAFF REPORT
AGENDA TITLE: AWARD CONTRACT TO ROY ALLAN SLURRY SEAL, INC FOR FISCAL YEAR 2024/25 PAVEMENT MANAGEMENT PLAN SLURRY SEAL IMPROVEMENTS PROJECT NO. 2024-03 FOR THE COVE AREA

RECOMMENDATION
Award a contract to Roy Allan Slurry Seal, Inc. for the fiscal year 2024/25 Pavement Management Plan Slurry Seal Improvements Project No. 2024-03 located at various locations within the City’s Cove Area; and authorize the City Manager to execute the contract and approve future change orders within the project budget.

EXECUTIVE SUMMARY
 Fiscal year (FY) 2024/25 Pavement Management Plan (PMP) includes a comprehensive two-phase effort to preserve and maintain city streets, covering more than 2.5 million square feet of slurry seal and over 16,000 feet of pavement repair.
 Phase 1 of the PMP was successfully completed and accepted in March 2025.  Phase 2, known as the Cove Area Slurry Seal Improvements, focuses on streets within the Cove neighborhood and includes (Attachment 1):
 Avenida Alvarado: 287,000+ square feet of slurry
 Avenida Carranza: 325,000+ square feet of slurry
 Avenida Obregon: 294,000+ square feet of slurry
 Avenida Rubio: 283,000+ square feet of slurry
 Calle Arroba: 128,000+ square feet of slurry
 Calle Chihuahua: 108,000+ square feet of slurry
 Calle Chillon: 121,000+ square feet of slurry
 Calle Colima: 144,000+ square feet of slurry
 Calle Monterey: 120,000+ square feet of slurry
 Calle Potrero: 77,000+ square feet of slurry
 Calle Temecula: 84,000+ square feet of slurry
 Roy Allan Slurry Seal, Inc., based in Santa Fe Springs, California, submitted the lowest responsible and responsive bid at $597,493.30 for the base bid. (Attachment 2).

CONSENT CALENDAR ITEM NO. 5
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FISCAL IMPACT
FY 2024/25 Capital Improvement Program (CIP) allocated $1,000,000 of General Funds and $1,000,000 of Measure G Funds, with $240,848 anticipated in carry-over funding to the PMP 2024/25 and $1,000,000 of Measure A Funds to the Cove Area Slurry Seal Improvements Project No. 2024-03. Following FY 2024/25 PMP Phase 1 Improvements, the following is the project budget:

Phase 2 Budget
Professional/Design: $ 100,000
Inspection/Testing/Survey: $ 80,000
Construction: $ 592,493
Contingency*: $ 154,500
Rolled Over Amount $ 810,007
Total Budget: $ 1,737,000
*Note: Any remaining funding will be rolled over to the next PMP project.

BACKGROUND/ANALYSIS
The City’s PMP is a vital infrastructure initiative designed to extend the life of existing streets and improve safety and aesthetics for residents, businesses, and visitors.

In FY 2024/25 the PMP is structured in phases:
 Phase 1 (Completed March 2025): Over 1.1 million square feet of slurry seal, pothole patching, and updated street striping, including green bike lane enhancements for improved cyclist visibility.
 Phase 2 focuses on the Cove neighborhood, addressing nearly 2 million square feet of slurry seal, targeted repairs, and continued improvements to overall road surface quality.

Phase 2 of the project was advertised on May 1, 2025, with four (4) bids received and opened on May 22, 2025.

The engineer’s estimate was significantly higher than the bids received. This may be due to current fluctuations in oil prices. Staff will monitor upcoming bids and adjust if the market appears to be correcting from the current higher prices seen.

Contingent upon approval to award the project on June 3, 2025, the following is the project schedule:

Council Considers Project Award June 3, 2025
Execute Contract and Mobilize June 4, 2025, to June 15, 2025 Construction (40 Working Days) June 2025 to August 2025 Accept Improvements September 2025
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ALTERNATIVES
Staff does not recommend an alternative.

Prepared by: Ubaldo Ayón, Assistant Construction Manager Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachments: 1. Vicinity Map

2. Bid Summary
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Phase 2 FY 2024/25 Pavement Management Plan Improvements ATTACHMENT 174 CLICK HERE to Return to Agenda
Bid Opening Date: 05/22/2025 FY 24/25 PMP SLURRY SEAL IMPROVEMENTS City Project No. 2024-03 Bid Comparison Item Item Description Unit Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost 1 Mobilization LS 1 98,000.00 $ $ 98,000.00 $ 12,750.00 $ 12,750.00 $ 27,750.00 $ 27,750.00 $ 50,000.00 $ 50,000.00 $ 43,000.00 $ 43,000.00 2 Traffic Control LS 1 110,000.00 $ 110,000.00 $ $ 29,700.00 $ 29,700.00 $ 38,500.00 $ 38,500.00 $ 106,000.00 $ 106,000.00 $ 45,250.00 $ 45,250.00 3 Crack Sealand Tpe II, Latex Emulsion Aggregate Slurry SF 2,080,510 $ 728,178.50 0.35 $ $ 0.23 $ 478,517.30 $ 0.24 $ 499,322.40 $ 0.21 $ 436,907.10 $ 0.25 $ 520,127.50 4 Full Depth Grind AC (3-1/2"), Compact Existing Vase, and Variable Overlay (3-1/2" to 4-1/2") SF 140 $ 110.00 $ 15,400.00 $ 85.00 $ 11,900.00 $ 78.75 $ 11,025.00 $ 79.00 $ 11,060.00 $ 82.50 $ 11,550.00 5 Signing and Striping, Including All incidentals LS 1 120,000.00 $ 120,000.00 $ $ 64,626.00 $ 64,626.00 $ 58,037.00 $ 58,037.00 $ 57,000.00 $ 57,000.00 $ 61,500.00 $ 61,500.00 $ 1,071,578.50 $ 597,493.30 $ 634,634.40 $ 660,967.10 $ 681,427.50 $ 1,071,578.50 $ 597,493.30 $ 634,634.40 $ 660,967.10 $ 681,427.50 American Asphalt South, Inc.

Grand Total Base Bid Only
Sub-Total Base Bid:

Engineer's Estimate - Base Bid Roy Allan Slurry Seal, Inc. Union Pavement Services, Inc. Pavement Coatings Co.

ATTACHMENT 2
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City of La Quinta
CITY COUNCIL MEETING: June 3, 2025

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH VINTAGE ELECTRIC FOR ON-CALL ELECTRICAL SERVICES PROJECT NO 2024-25

RECOMMENDATION
Approve Agreement for Contract Services with Vintage Electric for On-call Electrical Services Project No 2024-25; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 Public Works projects, as well as Building, Landscape and Street Maintenance activities require electrical services which necessitate the use of certified electricians.
 On March 21, 2025, a request for qualifications (RFQ) was published for On-Call Electrical Services Project No. 2024-25. Three proposals were received from Horizon Lighting, Inc. (Horizon), Bear Electric, Inc. (Bear), and Vintage Electric (Vintage).
 On-call electrical services provide flexibility for electrical repairs in a timely manner based on work demand.

FISCAL IMPACT
Costs are estimated at $300,000 per fiscal year (FY). Proposed is a 7-year agreement, with a 3-year initial term, and 2 optional 2-year extensions, for a total not to exceed amount of $2,100,000 for the life of the agreement. Funds will be budgeted in accordance with the agreement each FY in the maintenance services accounts for Buildings 101-3008,60691, Parks 101-3005-60691, Public Works Administration Consultants account (101-7001- 60104), and the Capital Improvement Project (CIP) technical account for these services (401-0000-60108).

BACKGROUND/ANALYSIS
On March 21, 2025, an RFQ was published for on-call electrical services. The City received three proposals as follows:
 Horizon – contracted with the City since 2024 for lighting maintenance for the Landscape and Lighting Assessment District 89-1, which includes on-call services; CONSENT CALENDAR ITEM NO. 6
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 Bear – specializes in traffic signal maintenance; and  Vintage – provides a wide variety of electric services.

On April 30, 2025, the selection committee reviewed the proposals and Vintage was selected as the top contender based on the wide variety of services offered, experience, and quality of work. The proposed agreement (Attachment 1) is for an initial 3-year term, with 2 optional 2-year extensions, based on satisfactory performance of the contractor.

On-call electrical services provide flexibility for staff to react quickly to perform needed electrical repairs and/or installation of electrical components in a timely manner in buildings, parks, and for troubleshooting electrical issues.

ALTERNATIVES
Council could elect not to approve the agreement.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, P.E., Public Works Director/City Engineer Attachment: 1. Agreement for Contract Services with Vintage

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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 Vintage E & S, Inc. dba Vintage Electric with a place of business at 80261 Paseo de Montana, Indio, CA 92201 (“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 On-Call Electrical Services, Project No 2024-25 as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms 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.
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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.

The performance of Services by Contracting Party shall not relieve Contracting Party from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to City, when such inaccuracies are due to the negligence of Contracting Party.

1.7 Additional Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services in addition to those specified in the Scope of Services (“Additional Services”) only when directed to do so by the Contract Officer, or assigned designee, provided that Contracting Party shall not be required to perform any Additional Services without compensation. Contracting Party shall not perform any Additional Services until receiving prior written authorization (in the form of a written change order if Contracting Party is a contractor performing the Services) from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the written approval of Contracting Party. It is expressly understood by Contracting Party that the provisions of this Section shall not apply to the Services specifically set forth in the Scope of Services or reasonably contemplated therein. It is specifically understood and agreed that oral requests and/or approvals of Additional Services shall be barred and are unenforceable. Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for Additional Services shall constitute a waiver of any and all right to adjustment of the Contract Sum or time to perform this Agreement, whether by way of compensation, restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee. 80 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 annual amount not to exceed Two Million and OneThree Hundred Thousand Dollars ($2,1300,000) (“Contract Sum”) per fiscal year, for the life of the Agreement, encompassing the Initial and any Extended Terms, 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 81 CITY COUNCIL MEETING - JUNE 3, 2025 - HAND-OUT BY STAFF CONSENT CALENDAR ITEM NO. 6 - AGREEMENT WITH VINTAGE ELECTRIC FOR ON-CALL ELECTRICAL SERVICES -4-
Agreement shall be paid for in an amount agreed to in writing by both City and Contracting Party in advance of the Additional Services being rendered by Contracting Party. Any compensation for Additional Services amounting to five percent (5%) or less of the Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

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

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

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

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2025, and terminate on June 30, 2028 (“Initial Term”). This agreement may be extended for two additional two-year terms 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) Name: James Tourje, President
Telephone No: 760-775-0135
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.

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

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

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

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

4.6 City Cooperation. City shall provide Contracting Party with any plans, publications, reports, statistics, records, or other data or information pertinent to the 84 CLICK HERE to Return to Agenda
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Services to be performed hereunder which are reasonably available to Contracting Party only from or through action by City.

5. INSURANCE.

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

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

6. INDEMNIFICATION.

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

7. RECORDS AND REPORTS.

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

7.2 Records. Contracting Party shall keep, and require any subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports (including but not limited to payroll reports), studies, or other documents relating to the disbursements charged to City and the Services performed hereunder (the “Books and Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer, or assigned designee, to evaluate the performance of such Services. Any and all such Books and Records shall be maintained in accordance with 85 CLICK HERE to Return to Agenda
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generally accepted accounting principles and shall be complete and detailed. The Contract Officer, or assigned designee, shall have full and free access to such Books and Records at all times during normal business hours of City, including the right to inspect, copy, audit, and make records and transcripts from such Books and Records.

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

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

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

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

7.5 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all 86 CLICK HERE to Return to Agenda
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copyrights, designs, rights of reproduction, and other intellectual property embodied in the Documents and Materials. Contracting Party shall require all subcontractors, if any, to agree in writing that City is granted a non-exclusive and perpetual license for the Documents and Materials the subcontractor prepares under this Agreement. Contracting Party represents and warrants that Contracting Party has the legal right to license any and all of the Documents and Materials. Contracting Party makes no such representation and warranty in regard to the Documents and Materials which were prepared by design professionals other than Contracting Party or provided to Contracting Party by City. City shall not be limited in any way in its use of the Documents and Materials at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.

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

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

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

8. ENFORCEMENT OF AGREEMENT.

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

8.2 Disputes. In the event of any dispute arising under this Agreement, the injured party shall notify the injuring party in writing of its contentions by submitting a claim therefore. The injured party shall continue performing its obligations hereunder so long as the injuring party commences to cure such default within ten (10) days of service of such notice and completes the cure of such default within forty-five (45) days after service 87 CLICK HERE to Return to Agenda
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of the notice, or such longer period as may be permitted by the Contract Officer, or assigned designee; provided that if the default is an immediate danger to the health, safety, or general welfare, City may take such immediate action as City deems warranted.

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

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

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

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

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

8.7 Termination Prior To Expiration of Term. This Section shall govern any termination of this Agreement, except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule 88 CLICK HERE to Return to Agenda
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of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

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. 89 CLICK HERE to Return to Agenda
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No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

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

10. MISCELLANEOUS PROVISIONS.

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

To City:

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

VINTAGE ELECTRIC
Attention: James Tourje
President
49950 Jefferson St., Suite 130-388
Indio, CA 92201

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

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

10.6 Amendment. No amendment to or modification of this Agreement shall be valid unless made in writing and approved by Contracting Party and by the City Council of City. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.

10.7 Severability. In the event that any one or more of the articles, phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable, such invalidity or unenforceability shall not affect any of the remaining articles, phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.

10.8 Unfair Business Practices Claims. In entering into this Agreement, Contracting Party offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials related to this Agreement. This assignment shall be made and become effective at the time City renders final payment to Contracting Party without further acknowledgment of the parties.

10.9 No Third-Party Beneficiaries. With the exception of the specific provisions set forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.

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

VINTAGE ELECTRIC:

By:

Name: James Tourje
Title: President
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:

Electrical services may include but are not limited to electrical maintenance, trouble shooting of inoperable equipment, repair and/or replacement of existing lighting, installation of new switches, receptacles, lighting, electric chargers, annual inspection of, and replacement of field lights and ballasts.

Examples of electrical work include but are not limited to:
 Removal and replacement of existing lighting, pull boxes, conduit and conductors, etc.
 Removal, replacement, or installation of electrical meter pedestals, transformers, and conduits, etc.
 General residential/commercial electrical repairs and new installations of switches, receptacles, lighting, etc.
 Repair and/or replacement of park and parking lot, lamps, ballasts, lighting poles and fixtures.
 Repair or replacement of streetlight poles and bollards.  Landscape and general lighting repairs.
 Other typical and common miscellaneous electrical repairs and installations.  The work should include all trenching, backfill, and patching unless otherwise stated by the City.
 All work shall be to applicable codes and to the satisfaction of the City. 93 CLICK HERE to Return to Agenda
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 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, 94 CLICK HERE to Return to Agenda
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its elected officials, officers, employees, and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It is agreed by the parties that, in connection with performance of the Services, including, without limitation, any and all “Public works” (as defined by the Prevailing Wage Laws), Contracting Party shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law. Contracting Party acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws.

Contracting Party shall require the same of all subcontractors.

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

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

4. Trenches or Excavations. Pursuant to California Public Contract Code Section 7104, in the event the work included in this Agreement requires excavations more than four (4) feet in depth, the following shall apply:
(a) Contracting Party shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contracting Party believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site different from those indicated by information about the site made available to bidders prior to the deadline for submitting bids; or (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Agreement. 95 CLICK HERE to Return to Agenda
Exhibit A

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

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

6. Liquidated Damages. Since the determination of actual damages for any delay in performance of the Agreement would be extremely difficult or impractical to determine in the event of a breach of this Agreement, Contracting Party shall be liable for and shall pay to City the sum of One Thousand dollars ($1,000.00) as liquidated damages for each working day of delay in the performance of any of the Services required hereunder, as specified in the Schedule of Performance. In addition, liquidated damages may be assessed for failure to comply with the emergency call out requirements, if any, described in the Scope of Services. City may withhold from any moneys payable on account of the Services performed by Contracting Party any accrued liquidated damages. 96 CLICK HERE to Return to Agenda
Exhibit B

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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed Three-Hundred Thousand Dollars ($300,000) ("Contract Sum") per fiscal year, for the life of the Agreement encompassing the initial and any extended terms. 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.

Initial Term:
“Not to exceed” FY 2025/26: $300,000
“Not to exceed” FY 2026/27: $300,000
“Not to exceed” FY 2027/28: $300,000
Possible Extended Term:
“Not to exceed” FY 2028/29: $300,000
“Not to exceed” FY 2029/30: $300,000
Possible Extended Term:
“Not to exceed” FY 2030/31: $300,000
“Not to exceed” Fy 2031/32: $300,000
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Exhibit C

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Exhibit C
Schedule of Performance
Contracting Party shall complete services identified in the Scope of Services, Exhibit A of this Agreement, as requested by the City within the time allowed by the total contract sum.
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Exhibit D

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Exhibit D
Special Requirements
Contractor must hold a Class C electrical license.
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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) $5,000,000 (per occurrence)
$10,000,000 (general aggregate)
Must include the following endorsements:

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

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

Contracting Party shall carry automobile liability insurance of $1,000,000 per accident against all claims for injuries against persons or damages to property arising out of the use of any automobile by Contracting Party, its officers, any person directly or indirectly employed by Contracting Party, any subcontractor or agent, or anyone for whose acts any of them may be liable, arising directly or indirectly out of or related to Contracting Party’s performance under this Agreement. If Contracting Party or Contracting Party’s employees will use personal autos in any way on this project, Contracting Party shall provide evidence of personal auto liability coverage for each such 100 CLICK HERE to Return to Agenda
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person. The term “automobile” includes, but is not limited to, a land motor vehicle, trailer or semi-trailer designed for travel on public roads. The automobile insurance policy shall contain a severability of interest clause providing that coverage shall be primary for losses arising out of Contracting Party’s performance hereunder and neither City nor its insurers shall be required to contribute to such loss.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting 102 CLICK HERE to Return to Agenda
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Party, provide the same minimum insurance coverage required of Contracting Party.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 104 CLICK HERE to Return to Agenda
Exhibit F

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

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

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

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

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 106 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 3, 2025

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH

OCEAN SPRINGS TECH, INC FOR POOL AND WATER FEATURE MAINTENANCE PROJECT NO. 2024-24; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO

UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON CALL SERVICES

RECOMMENDATION
Approve an Agreement for Contract Services with Ocean Springs Tech, Inc. for Pool and Water Feature Maintenance Project No. 2024-24; authorize the Public Works Department to utilize this vendor as a select source for on call services; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 The City contracts maintenance services for Fritz Burns pool and the La Quinta Park water feature.
 On March 17, 2025, the City published a Request for Qualifications (RFQ) for Pool and Water Feature Maintenance Services Project No. 2024-24; one response was received from Ocean Springs Tech Inc (Ocean Springs); the selection committee recommends contracting with Ocean Springs based on their experience and qualifications.
 Proposed is an agreement with Ocean Springs to provide pool and water feature maintenance; staff also requests authority to utilize Ocean Springs as a select source for on call services outside the scope of the contract.

FISCAL IMPACT
Total estimated cost for pool and water feature maintenance services 7-days per week, year-round, per the proposed agreement, is not to exceed $1,248,348, as detailed in the table below, for the initial 1-year term and optional 6-year term extensions, based on satisfactory performance by the contractor. The contingency is estimated at 5% over the available 7-year agreement term, and is intended to account for increases in prevailing wage and chemical and material costs.

CONSENT CALENDAR ITEM NO. 7
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Term Estimated Cost
FY 2025/26 $ 169,764
FY 2026/27 $ 169,764
FY 2027/28 $ 169,764
FY 2028/29 $ 169,764
FY 2029/30 $ 169,764
FY 2030/31 $ 169,764
FY 2031/32 $ 169,764
Contingency FY 2025/26 – 2031/32 $ 60,000
Grand Total: $1,248,348
Funds will be budgeted per fiscal year (FY) in accordance with the agreement in the accounts detailed in the table below:

Staff requests additional spending authority of up to $150,000 to utilize Ocean Springs as a select source for on call services outside the scope of work while the agreement remains in effect. Staff will seek Council approval beyond the $150,000 additional spending authority if and when it is expended. On call services is not guaranteed work, however, utilizing the same contractor would ensure continuity and consistency of services and maintenance. Work may include mold remediation, equipment installation and replacement, programming, etc. The additional spending authority will be budgeted in accordance with the agreement and charged in increments as needed to the appropriate budgeted maintenance service account(s) for the pool 101-3005-60184 and the water feature 101-3005-60554.

BACKGROUND/ANALYSIS
The City contracts maintenance services for the pool at Fritz Burns Park and the water feature at La Quinta Park.

On March 17, 2025, an RFQ was published for increased pool and water feature maintenance services. A mandatory pre-proposal meeting was held on April 19, 2025, two contractors attended, and one proposal was received from Ocean Springs, who is also the current contractor for these services.

On April 30, 2025, the selection committee reviewed the proposal and recommended contracting with Ocean Springs based on their experience and qualifications.

Parks Fund Account FY 2025/26
Fritz Burns Pool (101-3005-60184) $ 127,680.00
LQ Park Water Feature (101-3005-60554) 42,084.00 $
Total: 169,764.00 $
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The proposed agreement is for an initial 1-year term, effective July 1, 2025, with optional 6-year term extensions, based on satisfactory performance by the contractor; annual and total costs are detailed in the Fiscal Impact section of this report.

Staff also request authorization to utilize Ocean Springs as a select source for on call services outside the scope of work while the agreement remains in effect, as detailed under the Fiscal Impact section of this report. Ocean Springs is familiar with the existing equipment, offers competitive pricing, and has provided the City with quality and timely services since 2020.

ALTERNATIVES
Council may direct staff to prepare new specifications and re-advertise for Pool and Water Feature Maintenance Services Project No. 2024-24. However, that may cause a disruption in services.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works/ City Engineer Director Attachment: 1. Agreement for Contract Services with Ocean Springs 109 CLICK HERE to Return to Agenda

AGREEMENT FOR CONTRACT SERVICES
THIS AGREEMENT FOR CONTRACT SERVICES (the “Agreement”) is made and entered into by and between the CITY OF LA QUINTA, (“City”), a California municipal corporation, and Contractor Name Ocean Springs Tech, Inc. (“Contracting Party”). The parties hereto agree as follows:

1. SERVICES OF CONTRACTING PARTY.

1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Contracting Party shall provide those services related to Pool and Water Feature Maintenance Project No 2024-24 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 firstclass work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

1.5 Familiarity with Work. By executing this Agreement, Contracting Party warrants that (a) it has thoroughly investigated and considered the Services to be ATTACHMENT 1 110 CLICK HERE to Return to Agenda
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performed, (b) it has investigated the site where the Services are to be performed, if any, and fully acquainted itself with the conditions there existing, (c) it has carefully considered how the Services should be performed, and (d) it fully understands the facilities, difficulties, and restrictions attending performance of the Services under this Agreement.

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

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount of One Million Two Hundred and Forty Eight Thousand and Three Hundred and Forty Eight Dollars ($1,248,348), (the “Contract Sum”), for the life of the Agreement, encompassing the Initial and any Extended Terms, 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.

2.3 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 112 CLICK HERE to Return to Agenda
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Contract Sum may be approved by the Contract Officer, or assigned designee. Any greater amount of compensation for Additional Services must be approved by the La Quinta City Council, the City Manager, or Department Director, depending upon City laws, regulations, rules and procedures concerning public contracting. Under no circumstances shall Contracting Party receive compensation for any Additional Services unless prior written approval for the Additional Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement.

3. PERFORMANCE SCHEDULE.

3.4 Term. Unless earlier terminated in accordance with the provisions in Article 8.0 of this Agreement, the term of this agreement shall commence on July 1, 2025, and terminate on June 30, 2026 (“Initial Term”). This Agreement may be extended for six additional year(s) upon mutual agreement by both parties (“Extended Term”), and executed in writing.
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4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Name: Armando Rodriguez
Telephone No: 760-329-8933
Email: [email protected]
(b) Name: Johanna Gastelo
Telephone No: 760-968-6959
Email: [email protected]
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Principals shall be responsible during the term of this Agreement for directing all activities of Contracting Party and devoting sufficient time to personally supervise the Services hereunder. For purposes of this Agreement, the foregoing Principals may not be changed by Contracting Party and no other personnel may be assigned to perform the Services required hereunder without the express written approval of City.

4.2 Contract Officer. The “Contract Officer”, otherwise known as Dianne Hansen, Maintenance & Operations Superintendent or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved 114 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.

4.6 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.

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 116 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.

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.

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 118 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.

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 119 CLICK HERE to Return to Agenda
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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.

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. 120 CLICK HERE to Return to Agenda
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No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. Contracting Party warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.

10. MISCELLANEOUS PROVISIONS.

To City:

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

OCEAN SPRINGS TECH, INC.

Attention: Armando Rodriguez
Project Manager
65145 Two Bunch Palms Trail
Desert Hot Springs, CA 92240

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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10.10 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:

OCEAN SPRINGS TECH, INC.:

By:

Name: Armando Rodriguez
Title: Project Manager
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:

POOL MAINTENANCE: for the pool located in Fritz Burns Park, 78080 Frances Hack Lane.

The following procedures are to be completed on every scheduled visit. (7-days a week)  Vacuum the pool and wading pool floor and walls to remove all debris  Brush down walls and bottom of pools
 Backwash the pool filters 3-4 times a week (depending on usage and TDS)  Inspect and clean filter pump
 Remove all leaves and foreign objects from the surface and bottom of the pools  Scrub waterline tiles with soap and brush to remove oils, dirt and scum to prevent build up
 Maintain water chemistry by using a test kit to ensure compliance with health and water quality standards established by the Riverside County Health Department.  The chemical readings for the pool include Free Chlorine & PH (7xwk) combined chlorine(1xwk), Alkalinity (3xwk), Calcium (1xwk), Conditioner (1xwk), and Phosphate levels (1xwk) TDS Levels (2x month).
 Monitor the pools for proper water levels
 Maintain and complete the chemical log sheet on each service visit  Maintain chemical room to be clean of debris and free of unsafe issues.  Report any safety and/or issues other than equipment problems such as: loose handrails.

Bad flow meters, water leaks, failing timers, etc.
 Replace Pool Media (1) time per year
 IPS Control Monitoring
 Wash Pool deck 2x month
 Apply pool covers as needed during colder months
 All chemicals needed to maintain the pool chemistry to be included  Pool Heater maintenance before winter season
 Bulk chemical filling service
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Exhibit A

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SPLASH PAD MAINTENANCE: located in La Quinta Park, 79120 Black Hawk Way  Disinfect and clean the Splash pad
 Equipment inspection to be done on each scheduled visit  Clear the Splash Pad of any trash, leaves, branches, algae, or any other slippery build up, and other debris that may be unsafe surrounding the water feature.  Maintain water chemistry by using a test kit to ensure compliance with health and water quality standards established by the County of Riverside Health Department.  Chemical readings for the Splash Pad include Free Chlorine & PH (each visit), combined chlorine, Alkalinity, Calcium, Conditioner, and Phosphate levels.  Monitor the water tank/autofill daily for proper water levels.  Water toy spray nozzles to be free of dirt and debris, cleaned as often as needed (minimum twice per week) for proper water flow.
 Clean/maintain solenoids, diaphragms weekly/as needed to maintain proper water pressure/flow/spray height to each water toy.
 Weekly maintenance of calcium removal on water spray toys and nozzles.  Maintain and complete the chemical log sheet on each scheduled visit.  Maintain equipment room clean of debris and free of unsafe issues.  Report any safety and/or issues other than equipment problems such as: loose nozzles, broken drain covers, bad flow meters, water leaks, failing timers, etc.  Maintenance to be performed early mornings, prior to opening of the splash pad.  Sand filters to be cleaned/sand replaced semi-annually, March and October.

2. PERFORMANCE STANDARDS
The pool and splash pad shall be maintained in “first-class condition”, defined as water with the following characteristics:
a) Absence of objectionable odor and water discoloration. b) Absence of inappropriate debris and trash.

Maintain proper chemical levels, spray water is to be clean and clear, debris removal from surface is a priority when servicing water features.

Any and all replacement parts must be as per original plan specifications with no deviations.
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Exhibit A

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Contracting Party shall require the same of all subcontractors.

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Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is not to exceed One Million Two Hundred and Forty Eight Thousand and Three Hundred and Forty Eight Dollars ($1,248,348) (“Contract Sum”) for the life of the Agreement, encompassing the Initial and any Extended Terms. 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.

ITEM
NO:

DESCRIPTION

FRITZ BURNS PARK
78080 FRANCES HACK LANE

MONTHLY PRICE ANNUAL PRICE
1 POOL – Service 7 Days per Week $10,640.00 $127,680.00 ITEM
NO:

DESCRIPTION

LA QUINTA PARK
79120 BLACK HAWK WAY

MONTHLY PRICE ANNUAL PRICE
1 SPLASH PAD WATER FEATURE
Service 7 Days Per Week
$3,507.00 $42,084.00
ITEM
NO:

DESCRIPTION

LA QUINTA PARK
79120 BLACK HAWK WAY

MONTHLY PRICE ANNUAL PRICE
1 SPLASH PAD WATER FEATURE
Service 3 Days Per week
$2,163.00 $25,956.00
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ON CALL SERVICES PRICING SCHEDULE
Maximum total compensation for Additional Services, pursuant to Section 1.7 of this Agreement, to be paid to Contracting Party only when requested and authorized in writing by the Contract Officer is $150,000 Dollars.

On call services are not guaranteed work. Work may include mold remediation, equipment installation and replacement, programming, etc.

Work will be billed at the hourly rates provided herein.

PERSONNEL
Position: Electrician $____195.00______ per hour
Position: Supervisor $____ 195.00_____ per hour
Position: Laborer $_____195.00_____ per hour
Exhibit B

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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.

The pool and splash pad are to be serviced seven (7) days per week during normal working operations.

Splash pad services may be reduced to three (3) days per week, as needed with prior written approval by the Contract Officer.
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Exhibit D

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Exhibit D
Special Requirements
All proposers shall be licensed under the provisions of Chapter 9, Division 3 of the Business and Professions Code of the State of California to do the type of work contemplated in the project. In accordance with provisions of California Public Contract Code Section 3300, the City has determined that the Contractor shall possess a valid La Quinta Business License for pool maintenance at the time that the proposal is submitted.
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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:

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

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9. Contracting Party agrees to ensure that subcontractors, and any other party involved with the project that is brought onto or involved in the project by Contracting 135 CLICK HERE to Return to Agenda
Exhibit E

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

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

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

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

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 137 CLICK HERE to Return to Agenda
Exhibit F

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La Quinta City CouncilJune 3, 2025

La Quinta City Council
June 3, 2025