Agenda packet — La Quinta City Council, June 16, 2026 (part 2 of 4)

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

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

2. No liability insurance coverage provided to comply with this Agreement shall prohibit Contracting Party, or Contracting Party’s employees, or agents, from waiving the 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 137 CLICK HERE to Return to Agenda
Exhibit E

Page 5 of 6 ends

to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

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

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

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

Page 6 of 6 ends

Contracting Party’s insurance agent to this effect is acceptable. A certificate of insurance and an additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to City within five (5) days of the expiration of coverages.

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

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

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. 139 CLICK HERE to Return to Agenda
Exhibit F

Page 1 of 2 ends

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.
140 CLICK HERE to Return to Agenda
Exhibit F

Page 2 of 2 ends

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. 141 CLICK HERE to Return to Agenda
ATTACHMENT 4
Revised – Sept. 2025

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 Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and The Code Group, Inc. (dba “VCA Code”), with a place of business at 1845 W Orangewood Ave #210, Orange, CA 92868 (“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 Building Code Plan Review and Inspection Services, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”).

Contracting Party represents and warrants that Contracting Party is a provider of 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.

1.2 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.
142 CLICK HERE to Return to Agenda
-2-

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 through a duly executed written amendment or change order from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, in accordance with Section 2.3 of this Agreement, 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. 143 CLICK HERE to Return to Agenda
-3-

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

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Three Hundred Thousand Dollars ($300,000.00) per fiscal year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7.

Contracting Party expressly acknowledges and agrees that the Contract Sum in this Agreement is the aggregate total amount covering this Agreement, that certain Agreement for Contract Services by and between the City and Bureau Veritas North America, that certain Agreement for Contract Services by and between the City and HR Green Pacific, Inc., and that certain Agreement for Contract Services by and between the City and True North Compliance Services, Inc., of or about even date as this Agreement, such that the Contract Sum as defined herein is the maximum amount available for services provided under all four agreements. 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 144 CLICK HERE to Return to Agenda
-4-
this Agreement no later than thirty (30) days after invoices are received by the City’s Finance Department.

2.3 Compensation for Additional Services. Additional Services approved in advance by the Contract Officer, or assigned designee, pursuant to Section 1.7 of this Agreement shall be paid for in an amount agreed to in writing through a duly executed amendment or change order 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%) of the Contract Sum or Fifteen Thousand Dollars ($15,000), whichever is less, 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 without prior written approval through a duly executed amendment or change order 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 are 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. 145 CLICK HERE to Return to Agenda
-5-

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, 2026, and terminate on June 30, 2029 (“Initial Term”). This Agreement may be extended for one additional two (2) year term upon mutual agreement by both parties (“Extended Term”), and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Tom VanDorpe
1845 W Orangewood Ave #210
Orange, CA 92868
Office (714) 978-9780
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 AJ Ortega, the City Building Official 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 146 CLICK HERE to Return to Agenda
-6-
concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

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

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

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 147 CLICK HERE to Return to Agenda
-7-
that the Services required herein will be performed by Contracting Party or under its direct supervision, and that all personnel engaged in such work shall be fully qualified and shall be authorized and permitted under applicable State and local law to perform such tasks and services.

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

5. INSURANCE.

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

5.2 Proof of Insurance. Contracting Party shall provide Certificate of Insurance to 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. 148 CLICK HERE to Return to Agenda
-8-

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

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

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

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 149 CLICK HERE to Return to Agenda
-9-
changes or alterations in said Documents and Materials, City hereby releases, discharges, and exonerates Contracting Party from liability resulting from said change.

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

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

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

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

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

8. ENFORCEMENT OF AGREEMENT.

8.1 California Law. This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising 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 150 CLICK HERE to Return to Agenda
-10-
Contracting Party covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.

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

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

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

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

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

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

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 151 CLICK HERE to Return to Agenda
-11-
termination for cause. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Contracting Party. Upon receipt of any notice of termination, Contracting Party shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer, or assigned designee. Contracting Party shall be entitled to compensation for all Services rendered prior to receipt of the notice of termination and for any Services authorized by the Contract Officer, or assigned designee, thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, or assigned designee, except amounts held as a retention pursuant to this Agreement.

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 152 CLICK HERE to Return to Agenda
-12-
Contracting Party’s performance of the Services under this Agreement. Contracting Party further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the Contract Officer, or assigned designee. Contracting Party agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.

No officer or employee of City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to this Agreement which effects his financial interest or the financial 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: AJ Ortega,
Building Official
78495 Calle Tampico
La Quinta, California 92253
To Contracting Party:

THE CODE GROUP, INC. (dba “VCA
CODE”)
Tom VanDorpe, President and CEO
1845 W Orangewood Ave #210
Orange, CA 92868

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.
153 CLICK HERE to Return to Agenda
-13-

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

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

10.5 Integrated Agreement. This Agreement including the exhibits hereto is the entire, complete, and exclusive expression of the understanding of the parties. It is 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 154 CLICK HERE to Return to Agenda
-14-
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]
155 CLICK HERE to Return to Agenda
-15-
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:

THE CODE GROUP, INC. (DBA “VCA
CODE”):

By:

Name:

Title:

ATTEST:

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

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
156 CLICK HERE to Return to Agenda
Exhibit A

Page 1 of 2 ends

Exhibit A
Scope of Services
Plan Review
Consultant, upon request of the City, shall review plans submitted for residential and/or commercial developments, infrastructure improvements and special projects. The plans shall be reviewed for conformance with City and other applicable (County, State and Federal) ordinances and Codes, with a strict attention to details. Plan Review services may include, but are not limited to the following:
x Building plans including architectural, structural, electrical, mechanical, plumbing, wildland urban interfaces, energy, green design, and accessibility x Grading plans including precise grading plans
x Structural calculations and reports
x Energy reports and forms
x Cal Green plans and reports including commissioning reports x Soils reports including geotechnical updates
x Building construction product testing reports
The tasks of the plan examiner include:
x To check for conformance to:
o California building standards codes
o City standards
o Other agency requirements such as Riverside County environmental health department and Coachella Valley Water District (CVWD) x To check general mathematics and design criteria
x Consultant shall input project data related to plan review information into the permitting software utilized by the City
x In writing, call for redesign of any portion of plans that:
o Does not conform to code requirements or is not consistent with calculations
o Will be potentially unsafe to residents and the public AI-Assisted Plan Review
Consultants may utilize City-approved artificial intelligence (AI) tools to augment plan review activities. AI tools may assist in identifying code references, detecting potential conflicts, or supporting quality control. All AI-generated findings must be reviewed, validated, and approved by a qualified human plan reviewer.

No automated decision-making shall be used to approve, deny, or condition permit applications.

Consultant shall ensure that any AI tools used comply with all applicable data security, privacy, and confidentiality requirements. Training data, uploaded plans, and output from AI systems must not be shared externally without written City authorization. 157 CLICK HERE to Return to Agenda
Exhibit A

Page 2 of 2 ends

Building Inspection
Consultant upon request of the City shall provide building inspection services during the course of construction to enforce compliance with the conditions of approval, provisions of the City’s building codes and the code requirements set forth on the approved plans for which a permit was issued. Inspection services may include, but are not limited to the following:
• In the performance of such duties, Consultant shall observe each project at the completion of the various stages of construction for compliance with the appropriate City, State and Federal codes
• Shall document all field conversations connected to the project • Produce corrective measures of field conditions to conform to codes and approved plans
• Attend meetings connected with the inspection of the project • Consultant shall input project data related to inspection results, permit fees and construction information into the permitting software utilized by the City Orientation
Consultant shall meet with City staff to:
a) Acquaint themselves with the City development plan review and or inspection processes
b) Review consultant’s plan review boiler plate correction documents c) Acquire understanding of key issues that need attention during the plan check process
d) Establish ongoing operating procedures between City staff and the Consultant for the on-call services
On-Call Services
a) Report to City Hall to pick up project documents for review when notified by the City’s permitting software
b) Report to City Hall to receive inspection assignments c) Meet with City staff, upon request by the City, to be briefed on unique aspects of the proposed project(s)
d) Attend meetings, upon request by the City, connected to plan review and / or field inspection activities
e) Consultant, upon request by the City, shall perform electronic plan review on the platform as specified by the City
158 CLICK HERE to Return to Agenda
Exhibit B

Page 1 of 4 ends

Exhibit B
Schedule of Compensation
For the avoidance of doubt, the compensation thresholds on this Exhibit B do not include compensation for Additional Services (if any) authorized pursuant to Section 1.7 and compensated pursuant to Section 2.3 of this Agreement.

Contract Sum
Compensation for Services shall not exceed Three Hundred Thousand Dollars ($300,000.00) per fiscal year for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), to be paid for duly authorized Services performed consistent with the terms and conditions of this Agreement.

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.

In accordance with the terms and conditions of this Agreement, Contracting Party shall perform services on an as-needed basis only when directed to do so by the Contract Officer, or assigned designee. Services may be ordered in the sole discretion of the Contract Officer, or assigned designee, and are not guaranteed. Contracting Party shall not perform any services without receiving prior written authorization from the Contract Officer, or assigned designee, incorporating therein (i) a description of the services to be performed, (ii) the time to perform the services, and (iii) the related compensation.

Initial Term:
“Not to Exceed” Year 1: $300,000.00
“Not to Exceed” Year 2: $300,000.00
“Not to Exceed” Year 3: $300,000.00
Possible Extended Term:
“Not to Exceed” Year 4: $300,000.00
“Not to Exceed” Year 5: $300,000.00

159 CLICK HERE to Return to Agenda
Exhibit B

Page 2 of 4 ends

160 CLICK HERE to Return to Agenda
Exhibit B

Page 3 of 4 ends

161 CLICK HERE to Return to Agenda
Exhibit B

Page 4 of 4 ends

162 CLICK HERE to Return to Agenda
Exhibit C

Page 1 of 1 ends

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.
163 CLICK HERE to Return to Agenda
Exhibit D

Page 1 of 1 ends

Exhibit D
Special Requirements
“None”
164 CLICK HERE to Return to Agenda
Exhibit E

Page 1 of 6 ends

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

Commercial General Liability (at least as broad as ISO CG 0001):
$1,000,000 per occurrence/$2,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate OR
$2,000,000 per occurrence/$4,000,000 aggregate
Must include the following endorsements:

General Liability Additional Insured
General Liability Primary and Non-contributory
Commercial Automobile Liability (at least as broad as ISO CA 0001):
$1,000,000 combined single limit for bodily injury and property damage Auto Liability Additional Insured
Workers’ Compensation (per statutory requirements):

Statutory Limits / Employer’s Liability $1,000,000 per accident or disease OR Must include the following endorsements:

Workers’ Compensation Endorsement with Waiver of Subrogation Workers’ Compensation Declaration of Sole Proprietor
California Workers' Compensation Requirements Acknowledgement Professional Liability (Errors and Omissions):

Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim
Cyber Liability
$1,000,000 per occurrence/$2,000,000 aggregate
Contracting Party shall procure and maintain, at its cost, and submit concurrently with its execution of this Agreement, Commercial General Liability insurance against all claims for injuries against persons or damages to property resulting from Contracting 165 CLICK HERE to Return to Agenda
Exhibit E

Page 2 of 6 ends

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 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.

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

Page 3 of 6 ends

c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deeplinking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.

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

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.
167 CLICK HERE to Return to Agenda
Exhibit E

Page 4 of 6 ends

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:

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 168 CLICK HERE to Return to Agenda
Exhibit E

Page 5 of 6 ends

to apply first and on a primary, non-contributing basis in relation to any other insurance or self-insurance available to City.

Page 6 of 6 ends

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

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

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 170 CLICK HERE to Return to Agenda
Exhibit F

Page 1 of 2 ends

Page 2 of 2 ends

d. Indemnification Provision for Design Professionals.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 172 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH SCOPE EVENTS, LLC TO PRODUCE THE LA QUINTA ART CELEBRATION 2026 – 2029

RECOMMENDATION
Approve an Agreement for Contract Services with Scope Events, LLC to produce the La Quinta Art Celebration 2026 – 2029; and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY
 Since 2020, Scope Events has successfully organized multiple La Quinta Art Celebration (LQAC) events for the City and the current agreement expires December 31, 2026.
 Each LQAC event brings thousands of attendees to La Quinta, supports revenue generation for the City, and provides a positive community experience that enhances La Quinta’s identity as an arts destination.
 If approved, the proposed agreement (Attachment 1) would authorize Scope Events to continue producing the LQAC for 3 additional years, with one event to be held in the first quarter of 2027, 2028, and 2029 calendar years.

FISCAL IMPACT
In exchange for title sponsorship, or the highest sponsorship level available, Scope Events would be exempt from facility use fees estimated at approximately $29,000, while the City would fund waste and recycle charges from Burrtec Waste and Recycling Services of approximately $5,000 from Fund 221- AB 939- CalRecycle. The City would also provide up to $35,000 annually in digital, print, and social media advertising to support promotion of the LQAC, resulting in an estimated total annual City cost of $69,000 for the in-kind services.

Scope Events would be responsible for all other applicable event-related services and fees, including traffic, police, fire, and business license expenses. Revenue generated from business licenses and tax from art sales will go to the General Fund to support City services.

CONSENT CALENDAR ITEM NO. 7
173 CLICK HERE to Return to Agenda

BACKGROUND/ANALYSIS
The LQAC is a signature community experience that reflects the City’s strong tradition of supporting arts and culture. The event is held at the Civic Center Campus and brings together artists from across the country and around the world to showcase artwork in a variety of mediums, including paintings, sculpture, and mixed media. The event also features food, live music, and hand-crafted cocktails, creating a vibrant and welcoming experience for attendees.

In 2019, the City published a Request for Proposals to procure a producer for the LQAC; received 12 proposals; and following interviews held on August 6, 2019, Council awarded the agreement to Scope Events.

Scope Events has successfully produced the LQAC since 2020, and has demonstrated its ability to attract quality artists, draw thousands of attendees, and deliver a safe and positive experience for the community.

The event provides ongoing benefit to the City by increasing visitor activity, supporting local businesses, and generating revenue for the City.

The proposed agreement provides for one LQAC in the first quarter of 2027, 2028, and 2029 calendar years. Approval of the agreement would allow the City to maintain the momentum and value of this successful event while ensuring its continued benefit to the community over the next three years.

ALTERNATIVES
Council may elect not to approve the agreement.

Prepared by: Michael Calderon, Community Services Senior Management Analyst Approved by: Christina Calderon, Community Services Deputy Director Attachment: 1. Agreement for Contract Services

174 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 Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and Scope Events, California Limited Liability Corporation, with a place of business at 78015 Main St. Suite 201, La Quinta, CA 92253 (“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 the organization of the La Quinta Art Celebration as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

ATTACHMENT 1
175 CLICK HERE to Return to Agenda
-2-

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement, Contracting Party shall receive in-kind services on behalf of the City in lieu of monetary compensation, as detailed in “Exhibit B” (the “Schedule of Compensation”) valued in a total amount not to exceed Sixty Nine Thousand Dollars ($69,000) per fiscal year for the Term of the Agreement (the “Contract Sum”), except as provided in Section 1.7.

Regardless of the method of compensation set forth in the Schedule of Compensation, Contracting Party’s overall compensation shall not exceed the Contract Sum.

2.2 Method of Billing & Payment. Services shall be rendered as listed in “Exhibit B” (Schedule of Compensation”). No billing and payment methods are applicable under this agreement.

2.3 Compensation for Additional Services. No Additional Services shall be provided by Contracting Party under this Agreement outside the Services listed in “Exhibit A” (Scope of Services).

3. PERFORMANCE SCHEDULE.

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 177 CLICK HERE to Return to Agenda
-4-
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.

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) Paul Anderson
Telephone No. (760) 628-7770
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 Christina Calderon, Community Services Deputy Director or assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer, or assigned designee. The Contract Officer, or assigned designee, shall have authority to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.

4.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, capability, and reputation of Contracting Party, its principals, and its employees were a substantial inducement for City to enter into this Agreement. Except as set forth in this Agreement, Contracting Party shall not contract or subcontract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest 178 CLICK HERE to Return to Agenda
-5-
herein may be transferred, assigned, conveyed, hypothecated, or encumbered, voluntarily or by operation of law, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contracting Party, taking all transfers into account on a cumulative basis. Any attempted or purported assignment or contracting or subcontracting by Contracting Party without City’s express written approval shall be null, void, and of no effect. No approved transfer shall release Contracting Party of any liability hereunder without the express consent of City.

4.5 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.

5. INSURANCE.

6. INDEMNIFICATION.

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 180 CLICK HERE to Return to Agenda
-7-
thereto and, if Contracting Party is providing design services, the estimated increased or decreased cost estimate for the project being designed.

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.

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 182 CLICK HERE to Return to Agenda
-9-
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.

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

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.

10. MISCELLANEOUS PROVISIONS.

To City:

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

SCOPE EVENTS LLC.

Paul Anderson
78015 Main St. Suite 201
La Quinta, CA 92253

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 185 CLICK HERE to Return to Agenda
-12-
against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.

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.

10.10 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, 186 CLICK HERE to Return to Agenda
-13-
(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]
187 CLICK HERE to Return to Agenda
-14-
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:

Scope Events, a California Limited
Liability Company:

PAUL ANDERSON
Managing Director
Dated: ___________________________
ATTEST:

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

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
188 CLICK HERE to Return to Agenda
Exhibit A

Page 1 of 8 ends

Exhibit A
Scope of Services

1. Services to be provided:

Contracting Party shall plan, produce, and manage an outdoor fine art event featuring artists and original works of art offered for display and sale (the “Event”). The Event shall be held three times during the term of the Agreement, with one Event taking place in February or March during each Event Year of the Agreement.

The specific event dates and operating hours for each Event shall be mutually agreed upon by the City and Contracting Party in advance. Tentative dates are as follows:

Year *Event Date
2027 March 4 - March 7
2028 March 2 - 5
2029 March 1 - 4
*Event dates subject to change
The Event shall be located at the La Quinta Civic Center Campus, consisting of the open-air areas in and around City Hall, the Wellness Center, and the City Library (the “Civic Center Campus”). In addition, Contracting Party shall have the right to use the additional parking and temporary loading and unloading areas identified by the City and shown in the Area Site Map attached as an Addendum to this Exhibit A and incorporated herein by this reference (the “City Parking and Loading Areas”). The Civic Center Campus and the City Parking and Loading Areas may collectively be referred to as the “City Properties.”
Contracting Party acknowledges and understands that the Area Site Map also designates certain privately owned properties and parking areas over which the City has no control, and nothing in this Agreement grants Contracting Party any right to use those privately owned properties. Contracting Party may, however, request use of the City’s vacant lots surrounding La Quinta Community Park, adjacent to Avenida Montezuma, and the gravel lots along Main Street adjacent to the La Quinta Wellness Center and Library for overflow parking for the Events. In the event that the City no longer owns the lots at the time the Event is held, Contracting Party shall seek permission for use of the lots from the current legal owner if available.

The City hereby grants the Contracting Party the non-exclusive right to use the City Properties, which right to use is subject to the terms and conditions of this Agreement. The use of the City Properties shall be subject to the City's use of the City Properties in the ordinary course of business and as further described under this Agreement.
189 CLICK HERE to Return to Agenda
Exhibit A

Page 2 of 8 ends

Contracting Party shall have use of the Civic Center Campus for the Event, and Contracting Party shall have the use of the Civic Center Campus and periodic use of the City Parking and Loading Areas according to the following schedule:

Set Up & Break Down: The use period will be determined and mutually agreed upon by both parties. The Monday prior to the Event start will serve as the beginning of set up, and the Monday following the Event will mark the end of break down. The specific dates for event set up and break down (the “Use Period”) will be confirmed by both partiers once established. Tentative Use Period is as follows:

Year *Use Period
2027 March 1 – March 10
2028 February 28 - March 8
2029 February 26 - March 7
*Use Period subject to change
During the Use Period, Contracting Party may use the City Properties for organizing, setting up, breaking down, and holding the Event. The set-up, operation, production, and break down of the Event shall be according to first-class standards and consistent with other events that display and sell fine art, crafts, sculpture, and other items from artists. If Contracting Party seeks to change the dates of the Event, Contracting Party shall, not less than six (6) months prior to the designated commencement of the Use Period, deliver a written request to the City with alternative dates for the Use Period and Event, which the City may, in its sole discretion, approve or deny.

Contracting Party shall have the obligation to provide and facilitate all materials and equipment to be used for the Event, as well as any ancillary materials and equipment necessary or property for the set-up, operation, and break down of the Event during the Use Period. Contracting Party, at its sole cost and expense (and notwithstanding any financial or in-kind contribution from the City), employ an adequate number of competent and responsible personnel to be on the City Properties at all times during the Event, to supervise participants, spectators, purchasers, and any attendees, to ensure safety and order.

Contracting Party, at its sole cost and expense (and notwithstanding any financial or in-kind contribution from the City), shall employ an adequate number of competent and responsible personnel to be present at all times on the City Hall South Parking Lot during the Use Period for the purpose of ensuring that no vehicle associated in any way with the Event parks without prior written approve from the City Manager.

Said personnel shall be directed to allow all City employees, consultants, agents, and other persons conducting City business to park in the City Hall South Parking Lot during business hours when City Hall is open, including for any City Council or other City commission or board meeting. Contracting Party shall develop a parking plan that ensures parking associated with the set-up, operation, production, or breaking down 190 CLICK HERE to Return to Agenda
Exhibit A

Page 3 of 8 ends

of the Event in no way interferes with parking associated with City Hall, Wellness Center, and the Library operations.

Contracting Party shall be solely responsible for the care, safety, and supervision of all participants, spectators, purchasers, and any attendees on the City Properties during the Use Period and for all claims and liabilities arising therefrom.

Contracting Party shall maintain the City Properties and all improvements thereon in good conditions, free of debris, rubbish, waste, and graffiti. Contracting Party shall have the obligation to ensure the City Properties, and any portion thereof, are restored at the end of the Use Period to the condition that the City Properties were at the commencement of the Use Period. The determination of whether the City Properties have been properly restored shall be made by the City Manager or designee, and such determination shall be final. Contracting Party shall take all steps directed by the City Manager or designee to restore the City Properties to the City Manager’s reasonable satisfaction.

Contracting Party shall be responsible to make all repairs and/or replacements of any City property destroyed or otherwise damaged during the Use Period for any set up, break down, operation, production, or any other use of the City Properties by Contracting Party or its employees or agents, or by any participants, spectators, purchasers, and any attendees of the Event. The City may demand that any damage or destruction be repaired or replaced by Contracting Party within thirty (30) days of the end of the Use Period or, at City’s discretion, City may make such repair and replacement and Contracting Party shall reimburse City for such expense within thirty (30) days of receipt of invoice for said expenses.

If any such destruction or damage occurs during the Use Period on the City Properties, it shall be presumed by and between City and Contracting Party that the expense of such destruction or damage is the obligation of Contracting Party and the burden shall be place on Contracting Party to prove that City should be responsible for such expense.

Contracting Party shall be responsible, at its sole expense (except for any contribution by City set forth in this Agreement), to discard all debris, rubbish, and waste on the City Properties resulting from the Event or use of the City Properties during the Use Period in full compliance with applicable laws to a location off of the City Properties.

Contracting Party shall have no legal or equitable claim against the City, any City agent, or third party to the extent that City construction or repair activity restricts in any manner the ability of Contracting Party to use the City Properties as set forth in this Agreement.

No less than two (2) months prior to commencement of the Use Period, Contracting Party shall provide City with a list of the names and contact information 191 CLICK HERE to Return to Agenda
Exhibit A

Page 4 of 8 ends

for persons designated by Contracting Party who are authorized to act on behalf of Contracting Party for the set-up, operation, production, and break down of the Event.

Contracting Party shall respond to any City inquiries regarding any such authorized person promptly, and in no Event later than the next business day if City communicates there is an urgency to respond to a purported authorized agent.

The City shall have final approval right over the name of the Event.

Contracting Party shall waive its commission fee on all sales made by the City’s Civic Art Purchase Committee at event.

2. Additional Terms Relating to the Scope of Services and City Rights:
 Use of Civic Center Campus for the Event will be at no cost to Contracting Party;
 Use of City Parking and Loading Areas around the Civic Center Campus for the Event will be at no cost to Contracting Party;
 Use of City Hall parking lots for the Event will be at no cost to Contracting Party;  City reserves the right to waive or reduce the $25,000 Temporary Use Permit deposit and the encroachment permit fee, which shall only be waived or reduced upon Contract Officer’s approval;
 City will coordinate with Contracting Party to provide expedited business licensing for artists and vendors at the Event;
 In exchange for Contracting Party’s top-level sponsorship for the Event, City will provide the following:
o Underwrite the cost of trash services, up to $5,000, for the Event; o Market and press releases to support the Event;
o Advertisement dollars up to $35,000, to be used by the City in its sole and absolute discretion in furtherance of promoting the Event.  City installation of banners on City light poles, provided by Contracting Party, where the City will install the banners in the Village Area of the City and traffic light poles on Highway 111 and Washington Street.
192 CLICK HERE to Return to Agenda
Exhibit A

Page 5 of 8 ends

Area Site Map
193 CLICK HERE to Return to Agenda
Exhibit A

Page 6 of 8 ends

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, 194 CLICK HERE to Return to Agenda
Exhibit A

Page 7 of 8 ends

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. 195 CLICK HERE to Return to Agenda
Exhibit A

Page 8 of 8 ends

(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. 196 CLICK HERE to Return to Agenda
Exhibit B

Page 1 of 1 ends

Exhibit B
Schedule of Compensation
Pursuant to this Agreement, Contracting Party shall receive the in-kind services listed below on behalf of the City, in lieu of monetary compensation, as detailed in “Exhibit A” (Scope of Services), valued in a total amount not to exceed Sixty Nine Thousand Dollars ($69,000) per fiscal fiscal year, for the Term of the Agreement (the “Contract Sum”).

Annual in-kind services:
 Marketing: approximately $35,000
 Facility Use Fees: approximately $29,000
 Waste/recycling: approximately $5,000
197 CLICK HERE to Return to Agenda
Exhibit C

Page 1 of 1 ends

Exhibit C
Schedule of Performance
Contracting Party shall complete all services identified in the Scope of Services, Exhibit A of this Agreement.
198 CLICK HERE to Return to Agenda
Exhibit D

Page 1 of 1 ends

Exhibit D
Special Requirements
None.
199 CLICK HERE to Return to Agenda
Exhibit E

Page 1 of 6 ends

Commercial General Liability (at least as broad as ISO CG 0001):
$5,000,000 (per occurrence)
$5,000,000 (general aggregate)
Must include the following endorsements:

Statutory Limits / Employer’s Liability $1,000,000 per accident or disease OR Must include the following endorsements:

Errors and Omissions liability insurance with a limit of not less than $1,000,000 per claim
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 200 CLICK HERE to Return to Agenda
Exhibit E

Page 2 of 6 ends

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 procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss which shall include the following coverage:
a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information.
b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems.
c. Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended.
d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep201 CLICK HERE to Return to Agenda Exhibit E

Page 3 of 6 ends

linking or framing, and infringement or violation of intellectual property rights.
e. Liability arising from the failure to render professional services.

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

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:

Page 4 of 6 ends

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.

Page 5 of 6 ends

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.

Page 6 of 6 ends

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

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

City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 205 CLICK HERE to Return to Agenda
Exhibit F

Page 1 of 2 ends

Page 2 of 2 ends

d. Indemnification Provision for Design Professionals.

F.2 Obligation to Secure Indemnification Provisions. Contracting Party agrees to obtain executed indemnity agreements with provisions identical to those set forth herein this Exhibit F, as applicable to the Contracting Party, from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contracting Party in the performance of this Agreement. In the event Contracting Party fails to obtain such indemnity obligations from others as required herein, Contracting Party agrees to be fully responsible according to the terms of this Exhibit. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth in this Agreement are binding on the successors, assigns or heirs of Contracting Party and shall survive the termination of this Agreement. 207 CLICK HERE to Return to Agenda
208 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: APPROVE LEASE AGREEMENT WITH FAMILY YMCA OF THE DESERT FOR USE OF CITY PROPERTY, LOCATED AT 51001 EISENHOWER DRIVE, FOR BEFORE AND AFTER-SCHOOL CHILDCARE SERVICES; CEQA: THE ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3)

OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, COMMON SENSE

EXEMPTION

RECOMMENDATION
A) Find that this action is exempt from environmental review under the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3), the Common Sense Exemption; and
B) Approve Lease Agreement with Family YMCA of the Desert for use of City property, located at 51001 Eisenhower Drive, for before and after-school childcare services; and authorize the City Manager to execute the lease.

EXECUTIVE SUMMARY
• Family YMCA of the Desert has requested approval of a lease for use of City property located at 51001 Eisenhower Drive for before and after-school childcare services, from August 19, 2026, until April 30, 2027.
• The YMCA requested use of the building due to construction delays at its permanent facility anticipated to be completed by April 2027.

FISCAL IMPACT
The Lease Agreement requires payment of rent to the City in the amount of $10,171 within 15 days of execution of the agreement. No additional fiscal impact is identified in this report beyond routine City administration associated with the lease.

BACKGROUND/ANALYSIS
Family YMCA of the Desert (YMCA) has requested use of City-owned property, located at 51001 Eisenhower Drive, for operation of before and after-school childcare services, via a Lease Agreement (Attachment 1) from August 19, 2026, through April 30, 2027.

CONSENT CALENDAR ITEM NO. 8
209 CLICK HERE to Return to Agenda
The YMCA planned to transition these operations to its permanent facility in June 2026, which is currently under construction, and due to delays thereto, it is now anticipated to be ready for occupancy until April 2027. The requested lease term is intended to avoid a disruption in childcare services and to provide continuity for participating families during the 2026-2027 school year.

Under the proposed Lease Agreement, the premises may be used solely for childcare services and as a center for youth-oriented activities. The lease identifies rent in the amount of $10,171 and assigns operational responsibilities to the tenant, while reserving the City’s rights as landlord under the agreement. Consistent with California Revenue and Taxation Code section 107.6, the Lease Agreement includes a disclosure stating that any possessory interest created under the lease may be subject to property taxation and that the YMCA, as lessee, may be responsible for payment of any possessory interest taxes levied on that interest.

ENVIRONMENTAL REVIEW
The City has reviewed the proposed action and determined that it is exempt from the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section 2100 et seq.) pursuant to CEQA Guidelines Section 15061(b)(3), commonly referred to as the Common Sense Exemption.

Pursuant to Section 15061(b)(3), CEQA applies only to projects that have the potential for causing a significant effect on the environment. The proposed action, approving a Lease Agreement for a City-owned property to facilitate before and after-school childcare services, does not authorize any ground disturbance, construction, or physical alteration of the environment. It can be seen with certainty that there is no possibility that the approval of this agreement may have a significant direct or reasonably foreseeable indirect physical effect on the environment.

ALTERNATIVES
Council may elect not to approve the Lease Agreement.

Prepared by: Laurie McGinley, Management Specialist
Approved by: Gil Villalpando, Director of Business Unit & Housing Attachment: 1. Lease Agreement with Family YMCA of the Desert 210 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26

LEASE AGREEMENT
THIS LEASE AGREEMENT (the “Lease”) is made effective the ____ day of _____, 2026 (the “Effective Date”), by and between FAMILY YMCA OF THE DESERT, a California 501(c)(3) nonprofit (“Tenant”) and THE CITY OF LA QUINTA, a California Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, CA (“Landlord”).

Landlord hereby leases the property described below to Tenant upon the terms and conditions of this Lease. In consideration of the payment to be made hereunder and the covenants and agreements contained herein, the parties hereto agree as follows:

ARTICLE 1 TERM OF LEASE

1.1 Premises and Grant of Lease. Landlord is the owner of that certain real property and improvements located at 51001 Eisenhower Drive, in the City of La Quinta, County of Riverside, State of California, with Assessor Parcel Number 773-065-012, depicted in Exhibit A attached hereto and incorporated by this reference (the “Premises”).

1.2 Reservation. Lessor reserves to itself, its successors, and assigns, the non-exclusive right to enter upon the Premises in accordance with any rights of Lessor set forth in this Lease.

Lessor also reserves to itself, its successors, and assigns, the right to grant to non-exclusive right to enter upon the Premises to others provided it does not unduly interfere with the Lessee’s use of the Premises,

1.3 Exceptions to Leasehold Estate. This Lease is made subject to all covenants, conditions, restrictions, reservations, rights, rights-of-way, easements, and all other matters of record or apparent upon a visual inspection of the Premises affecting the Premises or the use thereof on the date this Lease is executed by Lessee.

1.4 Term. The Term of this Lease shall commence on August 19, 2026 (the “Term Commencement Date”) and end on April 30, 2027 (the “Termination Date”). Notwithstanding the Effective Date of the Lease, Lessee’s right to occupy and use the Premises as defined herein shall commence no earlier than the Term Commencement Date, and shall end on the Termination Date unless earlier terminated or amended as set forth herein.

ARTICLE 2 CONDITION OF PROPERTY

2.1 Premises Provided As-Is. Lessee is responsible for inspecting the condition of the Property prior to entering into this Lease to confirm it is appropriate for the Permitted Use (defined below). The Premises is provided AS-IS, WITH FAULTS without reliance upon any representation by Lessor, or any of its officers, employees, agents or representatives, or any other person, concerning the Premises, its fitness for the Permitted Use or any other particular purpose or use, its income-producing history, potential or capabilities, its value, or any other promise, representation or inducement not expressly set forth in this Lease

2.2 No Alterations. Lessee may not physically alter the premises with any improvements, fixtures, alterations, rebuilding, replacements, repairs, or installations which cannot be removed without ATTACHMENT 1
211 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -2-
altering the condition of the Premises or which would adversely affect the value of the Premises (each an “Alteration”) without Lessor’s prior written consent which may be granted or withheld in Lessor’s sole discretion. All such Alterations shall become the sole property of Lessor, unless Lessor requires them to be removed pursuant to Section 2.3 below.

In its requests to Lessor for approval pursuant to this Section, Lessee shall submit to Lessor for its approval documentation which describes the desired Alteration, including floor plans, building sections, building materials and components, samples of proposed exterior building materials, and the like, to the extent relevant to the particular Alteration, and any other information reasonably requested by Lessor. Lessor’s response shall be given within a reasonable period of time not to exceed sixty (60) days after receipt by Lessor from Lessee of all necessary documents and information relating to such repairs (which sixty (60) day period does not include the Lessor’s normal development review requirements), and Lessor’s failure to respond in such sixty (60) day period shall constitute Lessor’s denial of the requested Alteration. The Lessor’s approval shall not be unreasonably withheld for necessary repairs.

2.3 Restoration Upon Termination. Upon termination of the Term, Lessee shall cause to be removed all personal property, and shall cause the Premises to be returned to substantially the same condition as existed on the Term Commencement Date, reasonable wear and tear and permitted Alterations pursuant to Section 2.2 excepted except as provided in the following sentence. For any Alterations, Lessor may instead elect, by written notice to Lessee, to require such Alterations to be removed by Lessee at Lessee’s sole cost and expense as Lessee’s property, and the Premises returned to the condition as existed on the Term Commencement Date before such Alteration occurred.

2.4 Personal Property. Lessee shall retain ownership of all personal property, provided, however, that any personal property left in the Premises following termination of the Term shall be considered abandoned and may be disposed of or retained by Lessor.

ARTICLE 3 RENT

3.1 Rent. Within fifteen (15) days of execution of this Lease, Lessee shall pay to Lessor Ten Thousand One Hundred Seventy-One Dollars ($10,171) in exchange for the benefits granted to Lessee pursuant to the Lease (the “Rent”).

3.2 Additional Payments. Except as otherwise provided in this Lease, all sums of money or charges whatsoever required to be paid by Lessee to Lessor under this Lease other than Rent shall be due and payable fifteen (15) days after demand, presented in writing by certified mail, overnight mail, or personal delivery without any deductions or offsets whatsoever.

3.3 Place of Payment. Lessee agrees to pay the rental and other charges herein required to Lessor at 78-495 Calle Tampico, La Quinta, California 92253, to the attention of the Finance Director.

All payments shall be made by check for an account in lawful money of the United States. All payments requiring proration shall be prorated on the basis of a thirty (30) day month.

ARTICLE 4 USE OF PREMISES AND COMPLIANCE WITH LAW

4.1 Permitted Uses. Lessor’s primary purpose for entering into this Lease is to provide for Lessee’s operation of the Premises solely for the purpose of providing childcare services and a center 212 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -3-
for youth-oriented activities (the “Permitted Use”). Lessee shall use the Premises for these purposes for the entirety of the Term. Lessee shall not use the Premises for any other purposes without prior written consent of Lessor.

Lessee, at Lessee’s expense, shall promptly comply with all present and future laws, ordinances, orders, rules, regulations and requirements of all governmental authorities having jurisdiction affecting the Premises or the cleanliness, safety, occupancy and use of the same, whether or not any such law, ordinance, order rule, regulation or requirement is substantial, or foreseen or unforeseen, or ordinary or extraordinary or shall necessitate structural changes of the improvements on the Premises or interfere with the use and enjoyment of the Premises. If any governmental license or permit shall be required for the proper and lawful conduct of the Premises for the Permitted Use, Lessee shall procure and thereafter maintain such license or permit at its sole cost and expense and shall submit the same for inspection by Lessor.

4.2 Nondiscrimination. Lessee covenants for itself, its heirs, executors, administrators, assigns, and all persons claiming under or through it, that this Lease is made and accepted upon and subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, age, national origin, ancestry, political affiliation or physical handicap associated with the construction, operation and maintenance of the Premises.

ARTICLE 5 PAYMENT OF EXPENSES
Lessee shall pay all the costs and expenses in the operation, management, and maintenance of the Premises except as otherwise provided in this lease. Lessee’s expenses shall include, without limitation, the following: (i) expenses incurred by Lessee in connection with the Premises for general maintenance, painting, lighting, cleaning, trash removal, security, fire protection; (ii) all charges, surcharges and other levies imposed by, and all costs (whether or not capital in nature) of compliance with the requirements of any federal, state or local governmental agency regulating use of the Premises as the Permitted Use; and (iii) the actual cost of repairs to the Premises, excluding major repairs. Lessee shall pay all charges for gas, water, sewer, electricity, telephone, and other utility services used on or in the Premises. If any such charges are not paid when due, Lessor may pay the same after giving Lessee fifteen (15) days prior written notice, and any amount so paid by Lessor shall thereupon become due to Lessor from lessee as additional Rent.

ARTICLE 6 MAINTENANCE OF LEASED PREMISES

6.1 Lessee’s Obligations for Maintenance.

(a) Lessee’s Obligations. Lessee, at Lessee’s expense without cost to Lessor, shall maintain in good order, condition, quality, and repair, the building located on Premises and every part thereof and any and all appurtenances thereto wherever located, and Lessee shall be responsible for all other repairs (except asspecified in Article 5), replacements, renewals and restorations, ordinary and extraordinary, foreseen and unforeseen. (b) Standard of Maintenance. Lessee shall keep and maintain the Premises in a clean, sanitary, and safe condition in accordance with the laws of the State of California and in 213 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -4-
accordance with all directions, rules and regulations of the health officer, Fire Marshall, building inspector or other proper officials of the governmental agencies having jurisdiction, and Lessee shall comply with all requirements of laws and ordinances affecting the Premises, all at the sole cost and expenses of Lessee. At the time of the expiration of the tenancy created herein, Lessee shall surrender the Premises and the improvements thereon in good order, condition, and repair. (c) Liens. Lessee shall keep the Premises free from any and all liens arising out of any work performed, materials furnished, or obligations incurred by or for Lessee, and agrees to cause to be discharged of record any mechanic’s or materialmen’s lien within twenty (20) days after the lien has been filed or within ten (10) days after receipt of written request from Lessor, whichever shall be the sooner. Lessee shall give Lessor at least fifteen (15) days written notice prior to commencing or causing to be commenced any work on the Premises (whether prior or subsequent to the commencement of the Term), so that Lessor shall have reasonable opportunity to file and post notices of non-responsibility for Lessee’s work. Lessor may condition its consent to work upon Lessee posting lien and material and/or completion bonds in amounts as may be necessary to cover the anticipated cost of such work and potential overruns. Lessee shall reimburse Lessor for any and all costs and expenses which may be uncured by Lessor by reason of the filing of any such liens and/or removal of same, such reimbursement to be made within ten (10) days after receipt by Lessee from Lessor of a statement setting forth the amount of the costs and expenses. (d) Lessor’s Substitute Performance. In the event Lessee fails, refuses or neglects to commence and complete promptly and adequately any of the required repairs or maintenance, to remove any lien, to pay any cost or expense relating to such matters, or to otherwise perform any act or fulfill any obligation required of Lessee pursuant to this Section 6.1, Lessor may, but shall not be required to, make or complete any such repairs or maintenance, remove such lien, or pay such cost and expense, and Lessee shall reimburse Lessor for all costs and expenses of Lessor thereby incurred within fifteen (15) days after receipt by Lessee from Lessor of a statement setting forth the amount of such costs and expenses which shall be deemed to be additional Rent and subject to the same consequences as herein provided for failure to pay Rent. If reasonably possible under the circumstances, Lessor shall give Lessee written notice fifteen (15) days prior to commencement of any substitute performance. Any failure by Lessor to give such notice, however, shall not prejudice Lessor’s rights hereunder. Lessor’s rights and remedies pursuant to this subsection (d) shall be in addition to any and all other rights and remedies provided under this Lease or at law.

6.2 Lessor’s Obligations for Maintenance.
(a) Grounds. Lessor shall maintain the grounds surrounding the building on Premises including all landscaping areas and equipment. Lessor shall also maintain, repair and replace the parking areas located on the Premises.
(b) Trash Removal. Lessor shall be responsible for removing all trash on the Premises which is generated by Lessor’s maintenance of the grounds.

ARTICLE 7 LESSEE’S INSURANCE
214 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -5-

7.1 Types of Lessee Insurance Required. Lessee, at no cost and expense to Lessor, shall procure and keep in full force and effect during the Term and for four (4) years thereafter or cause to be procured and kept in full force and effect for the mutual benefit of Lessor and Lessee, insurance policies meeting the minimum requirements set forth below or such greater requirements that are generally obtained from time to time for properties, improvements, activities, and operations similar to those on the Premises in the Southern California area:
(a) comprehensive general liability insurance with respect to the Premises and the operations of or on behalf of Lessee or its agents, officers, directors, and employees in, on or about the Premises in an amount not less than Two Million Dollars ($2,000,000) per occurrence combined single limit bodily injury, personal injury, death and property damage liability per occurrence, subject to such increases in amount as Lessor may reasonably require from time to time. Coverage shall include, but not be limited to personal injury liability, premises and operation, blanket contractual, cross liability, severability of interest, broad form property damage, and independent contractors. The policy or policies shall include an endorsement naming Lessor, its officers, employees, and agents as additional insureds under such policy or policies;
(b) worker’s compensation coverage as required by the laws of the State of California together with employer’s liability coverage; and
(c) with respect to the improvements, fixtures, furnishings, equipment and other items of personal property located on or in the Premises, insurance against fire, peril of flood, extended coverage, vandalism and malicious mischief, and such other additional perils, hazards and risk as now are or may be included in standard “all risk” forms in general use in Riverside County, California, for an amount equal to not less than the full current actual replacement cost thereof. Lessor shall be an additional insured under such policy or policies and such insurance shall contain a replacement cost endorsement.

7.2 Standard Policy Requirements. All policies of insurance required to be carried by Lessee under this Lease shall be written by responsible and solvent insurance companies authorized to do business in the State of California. Any such insurance required of Lessee hereunder may be furnished by Lessee under any blanket policy carried by it or under a separate policy thereof.

A copy of each paid-up policy evidencing such insurance (appropriately authenticated by the insurer) or a certificate of the insurer, included copies of all applicable endorsements, certifying that such policy has been issued, providing the coverage required by this Section and containing provisions specified herein, shall be delivered to Lessor prior to the date Lessee is given the right of possession of the Premises or as Lessor may otherwise require, and upon renewals, not less than thirty (30) days prior to the expiration of such coverage. Lessor may, at any time, and from time to time, inspect and/or copy any and all insurance policies required to be procured by Lessee hereunder. In no event shall the limits of any policy be considered as limiting the liability of Lessee under this Lease.

7.3 Specific Provisions in Policy. Each policy evidencing insurance required to be carried by Lessee pursuant to this Article shall contain the following endorsements, provisions, or clauses:
215 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -6-
(a) an endorsement stating that the insurer will not cancel or materially change the coverage provided by such policy except after giving Lessor thirty (30) days’ prior written notice (10 days for non-payment); and
(b) a waiver by the Lessee’s insurer of any right to subrogation against lessor, its agents, employees, or representatives which arises or might arise by reason of any payment under such policy or policies or by reason of any act or omission of Lessor, its agents, employees or representatives.
(c) Lessee’s coverage shall be primary insurance as respects Lessor, its officers, employees, and agents. Any insurance or self-insurance maintained by Lessor, its officers, employees, or agents shall be excess of the Lessee’s insurance and shall not contribute with it.
(d) Lessee’s coverage shall include an endorsement evidencing the foregoing and naming the City and its officers and employees as additional insured (on the Commercial General Liability policy only).
(e) Any deductibles or self-insured retentions must be declared to and approved by the Lessor. At the option of Lessor, either: The Lessee shall obtain coverage to reduce or eliminate such deductibles or self-insured retentions as respects Lessor, its officers, employees and agents; or the Lessee shall provide a financial guarantee satisfactory to the Lessor guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

7.4 Lessor’s Substitute Performance. In the event that Lessee fails to procure, maintain and/or pay for at the times and for the durations specified in this Article 7, any insurance required by this Section, or fails to carry insurance required by law or government regulation, Lessor may (but without obligation to do so) at any time or form time to time, after thirty (30) days written notice to Lessee, procure such insurance and pay the premiums therefor, in which event Lessee shall repay Lessor all sums so paid by Lessor together with interest pursuant to Section 18.10, and all costs and expenses of Lessor thereby incurred, within fifteen (15) days following Lessor’s written demand to Lessee for such payment. Lessor’s rights and remedies pursuant to this subsection (d) shall be in addition to any and all other rights and remedies provided under this Lease or at law.

7.5 This Article 7shall survive termination of the Lease.

ARTICLE 8 INDEMNITY

8.1 Covenant to Indemnify, Defend and Hold Harmless. Lessee covenants to defend and indemnify Lessor, its officers, directors, partners, representatives, agents and employees, and save and hold them harmless from and against any and all claims, actions, losses, damages, liability, and expenses, including attorneys’ fees, in connection with the loss of life, bodily injury and/or damage to property arising from or out of or in connection with any occurrence in, upon or at the Premises, or the occupancy or use by Lessee of the Premises or any part thereof, or arising from or out of Lessee’s failure to comply with any provision of this Lease of otherwise occasioned wholly or in part by any act or omission of Lessee, its agents, directors, representatives, contractors, employees, servants, invitees, or licensees, excepting that the 216 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -7-
foregoing provision shall not apply in the event of any uninsured willful or actively negligent misconduct on behalf of Lessor or an of its agents, representatives, or employees, or in the event any such claims, actions, losses, damages, liability, costs, or expenses arise out of a breach by Lessor if its obligations under this lease.

If Lessor is made a party to any litigation, arbitration, mediation, or similar proceeding involving a claim covered by the previous paragraph, then Lessee shall protect, defend and hold Lessor harmless and shall pay all costs, expenses and reasonable attorneys’ fees incurred or paid by Lessor in connection with such litigation. Lessor may, at its option, require Lessee to assume Lessor’s defense in any action covered by this Section 8.1through counsel selected by Lessor and reasonably satisfactory to Lessee. Lessee, as a material part of the consideration to Lessor, hereby assumes all risks of damage to property or injury to persons in, upon or about the Premises and the improvements thereon from any cause whatsoever, and Lessee hereby waives all its claims in respect thereof against Lessor excepting only damage or injury arising out (i) the uninsured willful or actively negligent misconduct or Lessor or any of its agents, representatives, or employees, or (ii) a breach by Lessor of its obligations under this Lease.

8.2 Waiver of Subrogation. Each party hereto does hereby waive, remise, release, and discharge the other party hereto and any officer, director, shareholder, beneficiary, partner, agent, employees or representative of such other party, of and from any liability whatsoever hereafter arising from loss or damage for which insurance containing a waiver of subrogation is carried by the injured party under such insurance. Lessee shall, upon obtaining the policies of insurance required hereunder, give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease.

8.3 Survival. This Article 8 shall survive termination of the Lease.

ARTICLE 9 CASUALTY LOSS AND RESTORATION

9.1 Non-Termination. Except as provided herein, no destruction or damage to the Premises or the improvements thereto by fire, windstorm, or other casualty whether insured or uninsured shall entitle Lessee to terminate this Lease.

9.2 Repair of Damage, Obligation to Repair Damage Due to Casualty Covered by Insurance. If the Premises shall be totally or partially destroyed or rendered wholly untenantable by fire or other casualty required to be insured by Lessee, Lessor shall promptly proceed to obtain insurance proceeds and take all reasonable steps necessary to begin reconstruction and, immediately upon receipt of insurance proceeds, promptly and diligently commence the repair or replacement of the improvements to the Premises to substantially the same condition as they are required to be maintained in under this Lease, so long as the insurance proceeds are sufficient to cover the actual cost of restoration, and shall complete the same as soon as possible so that Lessee may continue in occupancy. If, however, the insurance proceeds are insufficient or the then-existing laws of any other governmental agencies with jurisdiction over the Premises do not permit the restoration, Lessor may elect to terminate this Lease by giving notice to Lessee. If the insurance proceeds are insufficient to allow the restoration of the Premises, and Lessor elects to terminate the Lease, the proceeds will be the property of the Lessor.
217 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -8-

9.3 Continued Operations. During any period of repair, Lessee shall continue, or cause the continuation of, the operations on the Premises for the Permitted Use to the extent reasonably practicable. However, irrespective of the continued operation during such period for repair, the Rent payable hereunder shall not be deferred and shall not be abated. Upon completion of such repair and restoration, Lessee shall promptly refixture and restock the improvements on the Premises, if necessary, substantially to the condition prior to the casualty or as otherwise required by this Lease, whichever is greater, and shall reopen if closed by the casualty.

ARTICLE 10 ASSIGNMENTS AND SUBLETTING

10.1 Lessor’s Consent Required. Notwithstanding any provision herein to the contrary, Lessee agrees and covenants (which covenants shall be binding upon the heirs, executors, and administrators of Lessee) that Lessee shall not, either voluntarily or by operation of law, assign, sell, encumber, pledge, sublet, or otherwise transfer all or any part of Lessee’s leasehold estate hereunder, without Lessor’s prior written consent. No assignment, whether voluntary or involuntary, by operation of law, under legal process or proceedings, by receivership, in bankruptcy, or otherwise, and no subletting shall be valid or effective without such prior written consent of Lessor, and at Lessor’s election, shall constitute a default.

10.2 Lessee Remains Obligated. No subletting or assignment, even with the consent of Lessor, shall relieve Lessee of its obligation to pay Rent and all of its other obligations hereunder. The acceptance by Lessor of any payment due hereunder from any person or entity other than Lessee shall not be construed as a waiver by Lessor of any provision of this Lease or a consent to any assignment or subletting. Consent by Lessor to an assignment of the Lease or to a subletting of the Premises shall not operate as a waiver or estoppel to the future enforcement by Lessor of its rights pursuant to this Lease.

ARTICLE 11 DEFAULT

11.1 Event of Default. The word “default”, as used in this Section 12.1, shall mean and include any one or more of the following events or occurrences:
(a) The failure by Lessee to make any payment of Rent, or other payment required by Lessee hereunder, when due and the continuance of such failure for a period of fifteen (15) days after Lessor has given Lessee written notice specifying the same; (b) The failure of Lessee to perform any term, condition, covenant or agreement of this Lease, excluding the payment of Rent or other amounts due pursuant to subsection (a), and the continuation of such failure for a period of thirty (30) days after Lessor shall have given Lessee written notice specifying the same, or in the case of a situation in which the default cannot reasonably be cured within thirty (30) days, if Lessee shall not promptly, within thirty (30) days after receipt of such notice, commence to remedy the situation by a means that can reasonably be expected to remedy the situation within a reasonable period of time, and diligently pursue the same to completion;

(d) Lessee’s (i) application for, consent to, or suffering of, the appointment of a receiver, trustee, or liquidator for all or for a substantial portion of its assets; (ii) making a 218 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -9-
general assignment for the benefit of creditors; (iii) being adjudged a bankruptcy; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganizations or insolvency law (unless in the case of an involuntary petition, the same is dismissed with thirty (30) days of such filing); or (v) fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of the Lessee’s assets or of Lessee’s interest in this Lease.

11.2 Remedies.

(a) General. In the event of any default by Lessee, including the expiration of any applicable cure period, Lessor may:
(i) Terminate Lessee’s right to possession of the Premises by any lawful means, including by written notice, in which care this Lease shall terminate and Lessee shall immediately surrender possession of the Premises to Lessor. Such termination shall not relieve Lessee of any obligation hereunder which has accrued prior to the date of such termination. In the event of such termination, Lessor shall be entitled to recover from Lessee all amounts due and owing under the Lease and the costs of restoring the Premises to the condition specified in Article 2. (b) Reasonable Rental Value. In any action or proceeding commenced by Lessor against Lessee by reason of any default hereunder, the reasonable rental value of the Premises for the period of the unlawful occupation by Lessee shall be the fair market value of the use of the Premises for that period.
(c) Cumulative Remedies. Except as may be specifically provided herein, the rights and remedies reserved to Lessor and Lessee herein, including those not specifically described, shall be cumulative and, except as provided by California statutory or decisional law in effect at the time, either Lessor or lessee may pursue any or all of such rights and remedies at the same time or otherwise.
(d) Lessor’s Non-Waiver. No delay or omission of Lessor to exercise any right or remedy shall be construed as a waiver of any right or remedy or of any default by lessee hereunder. The acceptance by Lessor of Rent or any additional rent hereunder shall not be a waiver of any preceding breach or default by Lessee of any provision hereof, other than the failure of Lessee to pay the particular Rent accepted, regardless of Lessor’s knowledge of such preceding breach or default at the time of acceptance of such rent, or a waiver of lessor’s right to exercise any remedy available to Lessor by virtue of such breach or default.

The acceptance of any payment from a debtor in possession, a trustee, a receiver or any other person acting on behalf of Lessee of Lessee’s estate shall not waive or cure a default under subsection (d).
(e) Lessor’s Reentry. Lessee hereby irrevocably consents to Lessor’s peaceable reentry, if Lessor so elects, to the Premises upon the occurrence of any of the events of default specified above, including the expiration of any applicable cure period. (f) Lessor’s Advances. In the event of any default by Lessee in the payment of money, other then Rent, or the performance of Lessee’s obligations required under this Lease, and the expiration of any period expressly provided for herein for Lessee to cure said default 219 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -10-
after the delivery of notice by Lessor, in addition to the other remedies herein granted to Lessor, Lessor may, but shall not be obligated to do so, and without waiving or releasing Lessee from any obligation of this Lease, make any payment and perform any other act on Lessee’s part to be made or performed as provided in this Lease. All sums paid by Lessor and all necessary incidental costs, together with interest thereon with interest pursuant to Section 18.10 shall be payable by Lessee to Lessor on demand. The sums shall be deemed to be additional Rent and subject to the same consequences as herein provided for failure to pay Rent.

11.3 Default by Lessor. Lessor shall not be deemed to be in default in the performance of any obligation required to be performed by it hereunder unless and until it has failed to perform such obligation within thirty (30) days after written notice by Lessee to lessor specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of Lessor’s obligation is such that more than thirty (30) days are required for its performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion.

11.4 Legal Expenses and Collection Costs. If either party incurs any expense, including actual costs of collection, reasonable attorneys’ fees, expenses of discovery, preparation for litigation, expert witness fees and litigation expenses and costs, in connection with any action or proceeding instituted by either party by reason of any default or alleged default of the other party hereunder, the party prevailing in such action or proceeding shall be entitled to recover its reasonable expenses from the other party. For purposes of this provision, in any unlawful detainer or other action or proceeding instituted by Lessor based upon any default or alleged default by Lessee hereunder, Lessor shall be deemed the prevailing party if (a) judgement is entered in favor of Lessor or (b) prior to trial or judgement Lessee shall pay the Rent and charges claimed by Lessor, or eliminate the condition(s), cease the act(s) or otherwise cure the omission(s) claimed by Lessor to constitute a default by Lessee hereunder.

ARTICLE 12 HOLDING OVER
This Lease shall terminate and become null and void without further notice upon the expiration of the Term herein specified, and any holding over by Lessee after such expiration shall not constitute a renewal or extension hereof or give Lessee any rights under this Lease, except when in writing signed by both parties hereto.

ARTICLE 13 ACCESS BY LESSOR
In addition to all other rights of Lessor herein, Lessor its agents, contractors, officials, and employees of Lessor who are identified in writing to Lessee shall have the right, after reasonable notice to Lessee, to enter the Premises during normal business hours or at an alternative time reasonably acceptable to Lessee (a) to examine the Premises, to perform any obligations of Lessor or to exercise any right or remedy reserved to Lessor in this Lease; (b) to exhibit the Premises to prospective purchasers, mortgagees or lessees of Lessor's interest therein; (c) to make such repairs as Lessor may be entitled to make after a default by Lessee under Article 12 above; and (d) to take all materials into and upon the Premises that may be required in connection with such repairs, provided that any such entry shall be performed in such a manner that does not unreasonably interfere with Lessee's use of the Premises. If Lessor exercises its rights of entry in compliance with this Article 14, such entry shall not constitute a constructive or actual eviction of Lessee, in whole or in part, and the Rent shall not abate while any such repairs are being made. If, during the 220 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -11-
last month of the Term, Lessee shall have removed all or substantially all of Lessee's property therefrom, Lessor may immediately enter and alter, renovate and redecorate the Premises without elimination or abatement of Rent, and without other compensation and such action shall have no effect upon this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon Lessor any obligation, responsibility or liability whatsoever for the care, supervision or repair of the Premises.

ARTICLE 14 QUIET ENJOYMENT
Upon payment by Lessee of the Rents provided herein, and upon the observance and performance of all of the covenants, terms and conditions on the part of Lessee to be performed hereunder, Lessor covenants and warrants that Lessee may peaceably and quietly hold and enjoy the Premises for the Term.

ARTICLE 15 FURNITURE, FIXTURE, AND EQUIPMENT FINANCING
It is contemplated that during the Term of this Lease, Lessee shall place or cause the placement from time to time of Furniture, Fixtures or Equipment (collectively “FF&E”) on the Premises which shall be subject to lease and/or purchase financing encumbrances (collectively “FF&E” Financing). Prior to Lessee having the right to place any FF&E on the Premises subject to FF&E Financing, Lessee shall be required to deliver to Lessor written notice of any such proposed FF&E Financing at least sixty (60) days prior to the creation of such FF&E Financing, together with documentation in reasonable detail so that Lessor may review and approve or disapprove, in Lessor's reasonable discretion, the FF&E Financing. Such information shall include, but not be limited to, the following: (i) a complete description of the FF&E; (ii) the lease term, rent payments and security deposits required in connection with any leasing of FF&E; (iii) the purchase price, terms of payment and conditions of any purchase or loan in connection with purchasing of FF&E; and (iv) copies of all relevant documents to be executed between Lessee and the lender, seller or Lessor of the particular FF&E in question. For a period of thirty (30) days following receipt by Lessor of the notice from Lessee together with all of the information required above, Lessor may approve or disapprove such FF&E Financing by written notice to Lessee. Lessor's approval of any such FF&E Financing shall not be unreasonably withheld. In the event Lessor reasonably objects to all or a portion of such FF&E Financing, Lessor shall within said thirty (30) day period give Lessee written notice of its objection, detailing the reasons thereof. In such event, Lessee shall be prohibited from entering into such FF&E Financing but Lessee may submit to Lessor such response to Lessor's objections and/or revisions to the terms and conditions of the FF&E Financing in order to satisfy Lessor's objections thereto. Any such newly submitted information shall again be subject to Lessor's thirty (30) day right to review and reasonably object thereto. Lessor's failure to timely object within said thirty (30) day period to any such proposed FF&E Financing for which proper notice has been given by Lessee to Lessor shall constitute disapproval of the particular FF&E Financing in question unless the parties agree to a longer review period in writing. Lessor's rights hereunder shall not be construed as requiring Lessor to participate in any way in any such FF&E Financing nor shall approval by Lessor of any such FF&E Financing obligate Lessor in any manner.

ARTICLE 16 TAXES
Lessee shall be responsible for, and agrees to pay, prior to delinquency, any and all taxes, assessments, installments of taxes, levies, fees, and other governmental charges of every kind or nature (hereinafter collectively called "Taxes") in the event such Taxes are levied or assessed by 221 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -12-
municipal, county, state, federal, or other taxing or assessing authorities or governmental agencies or entities upon, against, or with respect to (i) the Premises or any portion thereof; (ii) all fixtures, equipment, and any other property of any kind owned by Lessee or placed, installed, or located within, upon, or about the Premises for which Lessor might be assessed or which might become a lien on the Premises if not paid by Lessee; (iii) all alterations, addition, and improvements of whatsoever kind or nature, if any, made to the Premises or the improvements thereon; (iv) rentals or other charges payable by Lessee to Lessor; and (v) any other interest in the Premises (including the leasehold interest created by this Lease), irrespective of whether any of the items described in clauses (i) through (v) above are assessed as real or personal property, and irrespective of whether any of such items are assessed to or against Lessor, Lessee or any other person.

ARTICLE 16.5 NOTICE OF POTENTIAL PROPERTY TAXATION
By executing this Lease, Tenant acknowledges and agrees that it has received notice pursuant to Revenue and Taxation Code section 107.6 that this Lease may create a possessory interest within the meaning of Revenue and Taxation Code sections 107 and 107.4 for which Tenant may be subject to property taxation. Tenant shall be responsible for and shall promptly pay when due and prior to delinquency all real and personal property taxes, possessory interest taxes, and assessments levied on the Premises.

ARTICLE 17 FORCE MAJEURE
In the event the performance by either party of any of its obligations hereunder is delayed by reason of the act or neglect of the other party, act of God, fires, earthquakes, unusually severe weather, floods, epidemics, strike, labor dispute, boycott, lockout or other like defensive action by such party, inability to obtain labor or materials, governmental restrictions, riot, insurrections, war, catastrophe, casualty, act of the public enemy, or any other cause, whether similar or dissimilar, beyond the reasonable control of the party from whom such performance is due (“unavoidable delays”), the period for the commencement or completion thereof shall be extended for a period equal to the period during which performance is so delayed, provided, however that this Article 18 shall not apply to Lessee’s obligations to timely pay Lessor Rent and any other amounts due hereunder.

ARTICLE 18 MISCELLANEOUS

18.1 Waiver. The waiver by either Lessor or Lessee of any breach of any term, condition or covenant contained herein shall not be deemed a waiver of such term, condition or covenant or any subsequent breach of the same or any other term, condition or covenant contained herein.

18.2 Notices. All notices, demands or other writing to be made, given or sent hereunder, or which may be so given or made or sent by either Lessor or Lessee to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective parties at their addresses set forth below:

To Lessor: City of La Quinta
Attn: City Manager
222 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -13-
78495 Calle Tampico
La Quinta, CA 92253
With a Copy to: Rutan & Tucker, LLP
Attn: William H. Ihrke, Esq.
18575 Jamboree Road 9th Floor
Irvine, CA 92612
To Lessee: Family YMCA of The Desert
43-930 San Pablo Avenue
Palm Desert, CA 92260

18.3 Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, nor, by any third party, as creating the relationship of principal and agent or of partnership or of joint venture between the parties hereto, it being understood and agreed that neither the method of computation of rent, nor any other provision contained herein, nor any acts of the parties herein, shall be deemed to create any relationship between the parties hereto other than the relationship of Lessor and Lessee.

18.4 Accord and Satisfaction. No payment by Lessee or receipt by Lessor of a lesser amount than the Rent or other charges herein stipulated shall be deemed to be other than on account of the earliest due stipulated Rent or other charges, nor shall any endorsement or statement on any check or any letter accompanying any check or payment as Rent or other charges be deemed an accord and satisfaction, and Lessor shall accept such check or payment without prejudice to Lessor's right to recover the balance of such Rent or other charges or pursue any other remedy in this Lease provided.

18.5 Time of Essence. Time is hereby expressly declared to be of the essence of this Lease and of each and every term, covenant and condition hereof which relates to a date or period of time.

18.6 Remedies Cumulative. The remedies herein given to Lessor and Lessee shall be cumulative and are given without impairing any other rights or remedies given Lessor and Lessee by statute or law now existing or hereafter enacted, and the exercise of any one (1) remedy by Lessor or Lessee shall not exclude the exercise of any other remedy.

18.7 Effect of Invalidity. If any term or provision of this Lease or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of its terms and provisions to persons and circumstances other than those that have been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Lease shall be valid and enforceable to the fullest extent permitted by law.

18.8 Successors and Assigns. This Lease and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the successors and assigns of Lessor and to the permitted successors and assigns of Lessee, and all references in this Lease to “Lessee” or “Lessor” shall be deemed to refer to and include all permitted successors and assigns of such party.
223 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -14-

18.9 Entire Agreement. This Lease and the exhibits hereto contain the entire agreement of Lessor and Lessee with respect to the matters covered hereby, and no other agreement, statement of promise made by either Lessor or Lessee which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose. No provision of this Lease may be amended or added to except by an agreement in writing signed by Lessor and Lessee.

18.10 Interest on Past-Due Obligations. Any amount due from Lessee to Lessor hereunder which is not paid when due (including, without limitation, amounts due as reimbursement to Lessor for costs incurred by Lessor in performing obligations of Lessee hereunder upon Lessee's failure to, so perform, shall bear interest at the rate of ten percent (10% ) or the highest interest rate permitted by California law, whichever is lower, from the date due until paid, unless otherwise specifically provided herein, but the payment of the interest shall not excuse or cure any default by Lessee under this Lease.

18.11 Execution of Lease, No Option. The submission of this Lease to Lessee shall be for examination purposes only and does not and shall not constitute a reservation of or option for Lessee to lease, or otherwise create any interest by return to Lessor. The Lease shall not be binding upon either party until mutually executed and delivered by both parties.

18.12 Corporate Authority. Each individual executing this Lease on behalf of a corporation, nonprofit corporation, partnership or other entity or organizations, represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, partnership, entity or organization and that this Lease is binding upon same in accordance with its terms. Lessee shall, at Lessor's request, deliver a certified copy of its board of directors’ resolution or certificate authorizing or evidencing such execution. This Section shall survive termination of the Lease.

18.13 Controlling Law, Venue. This Lease shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. Venue for any action between the parties related to this Lease shall be vested exclusively in the courts of Riverside County, California, and each party hereby consents to the jurisdiction of such courts.

18.14 Specific Performance. Nothing contained in this Lease shall be construed as or shall have the effect of abridging the right of either Lessor or Lessee to obtain specific performance of any and all of the covenants or obligations of the other party under this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date first written above.
[SIGNATURES ON NEXT PAGE]
224 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -15-

CITY OF LA QUINTA
a California municipal corporation
By: Dated:

Jon McMillen, City Manager
ATTEST:

Monika Radeva, City Clerk
APPROVED AS TO FORM:

William H. Ihrke, City Attorney

FAMILY YMCA OF THE DESERT,
a California nonprofit corporation
By: Dated:

Title:
225 CLICK HERE to Return to Agenda
2731/015610-0002
12419803.1 a06/11/26 -16-

EXHIBIT A

MAP OF THE PREMISES
51001 Eisenhower Drive, La Quinta, CA 92253
226 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: APPROPRIATE ADDITIONAL FUNDING FOR THE SIGNAL AND CROSSWALK IMPROVEMENTS PROJECT NO. 2024-18, AND APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES WITH ST.

FRANCIS ELECTRIC

RECOMMENDATION
Appropriate additional funding of $100,000 for the Signal and Crosswalk Improvements Project No. 2024-18; approve Amendment No. 1 to Agreement for Contract Services with St. Francis Electric for this project; and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY
 On June 3, 2025, Council approved a General Fund budget appropriation of $700,000 for the Signal and Crosswalk Improvements Project No. 2024-18 (Project) and utilizing the City’s on-call traffic maintenance contractor, St. Francis Electric (St. Francis) in an amount not to exceed $610,000 for the Project.  On July 1, 2025, Council approved an Agreement for Contract Services (Agreement) for the Project in the amount of $610,000.
 St. Francis has completed procurement and installation of the crosswalks and signal modifications at Avenue 52 and Avenida Bermudas and at Dune Palms Road and Highway 111.
 If approved, proposed Amendment No. 1 to the Agreement (Attachment 1) will increase the contract amount by $95,143, from $610,000 to $705,143, to allow the completion of the crosswalk and signal modification on Dune Palms Road at the La Quinta X-Park.

FISCAL IMPACT
On June 3, 2025, Council approved a Project budget of $700,000. Staff requests an additional funding appropriation of $100,000 for a revised Project budget of $800,000.

The additional appropriation will be funded through available Capital Improvement Program (CIP) project savings.

CONSENT CALENDAR ITEM NO. 9
227 CLICK HERE to Return to Agenda
Below are the originally approved and proposed Project budgets:

Original
Project Budget
Proposed
Project Budget
Design/Professional: $ 75,000 $ 75,000
Inspection/Testing/Survey: $ 15,000 $ 15,000
Construction: $ 550,000 $ 650,000
Contingency: $ 60,000 $ 60,000
Total Budget: $ 700,000 $ 800,000

BACKGROUND/ANALYSIS
The City has contracted with St. Francis for on-call traffic signal repair services since 2019. Under the Agreement, St. Francis is also able to subcontract for related services, such as the installation of traffic signal poles and associated concrete work.

On June 3, 2025, Council approved appropriating General Fund budget of $700,000 for the Project.

On July 1, 2025, Council approved an Agreement with St. Francis for a not to exceed amount of $610,000 to complete the Project. St. Francis has completed the first two locations of this Project – (1) Dune Palms Road and Highway 111, and (2) Avenue 52 and Avenida Bermudas.

The proposed Amendment No. 1 will allow completion of the crosswalk and signal improvements on Dune Palms Road at the X-Park, which is the final location of this Project.

Staff seeks Council approval to:
(1) Appropriate additional funding of $100,000 to the project budget for a total amount not to exceed $800,000 for the pole procurement and installation on Dune Palms Road at X-Park crosswalk, and all related future task orders for the project. (2) Approve proposed Amendment No. 1 with St. Francis for the Project increasing the contract amount by $95,143, from $610,000 to not to exceed amount of $705,143 under the Agreement.

ALTERNATIVES – Staff does not recommend an alternative.

Prepared by: Carley Escarrega, Administrative Technician Approved by: Bryan McKinney, PE, City Engineer/Public Works Director Attachment: 1. Amendment No. 1 to Agreement with St. Francis Electric 228 CLICK HERE to Return to Agenda
AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT SERVICES
WITH ST. FRANCIS ELECTRIC
This Amendment No. 1 (“Amendment 1”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 16th day of June, 2026, ("Effective Date") by and between the City of La Quinta ("City"), a California Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and St.

Francis Electric, with a place of business at 2100 Iowa Ave, Riverside, CA 92507 (“Contracting Party”).

RECITALS
WHEREAS, on or about June 3, 2025, the City and Contracting Party entered into an Agreement to provide those services related to construction services for the Signal and Crosswalks Improvement Project No. 2024-18, for a total not to exceed amount of $610,000. The term of the Agreement expires on December 31, 2026 (“Initial Term”); and
WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and related Exhibit B of the Agreement to increase the total not to exceed compensation amount from $610,000 to $705,143 to allow for the additional materials procurement and installation on Dune Palms Road at X-Park crosswalk.

NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

AMENDMENT
In consideration of the foregoing Recitals and the covenants and promises hereinafter contained, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the parties hereto agree as follows:

1. Section 2.1 Contract Sum is amended to read as follows:

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with the following revised “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Seven Hundred Five Thousand One Hundred Forty-Three Dollars ($705,143), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7.

2. “Exhibit B” – Schedule of Compensation is amended as listed in “Exhibit B,” attached hereto and incorporated herein by this reference.

In all other respects, the original Agreement shall remain in effect.

ATTACHMENT 1 229 CLICK HERE to Return to Agenda
IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 1 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA ST. FRANCIS ELECTRIC
a California municipal corporation
____ _______________________
JON McMILLEN, City Manager Guy Smith, President
City of La Quinta, California
Dated: ___________________ Dated: ______________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
230 CLICK HERE to Return to Agenda
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section 2.3 of this Agreement, the maximum total compensation to be paid to Contracting Party under this Agreement is Seven Hundred Five Thousand One Hundred Forty-Three Dollars ($705,143) (“Contract Sum”). The Contract Sum shall be paid to Contracting Party in conformance with Section 2.2 of the Agreement.
231 CLICK HERE to Return to Agenda
232 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: AUTHORIZE PUBLIC WORKS DEPARTMENT TO UTILIZE TRI-STATE MATERIALS TO PURCHASE MATERIALS IN FISCAL YEARS 2025/26 AND 2026/27

RECOMMENDATION
A. Authorize the Public Works Department to utilize Tri-State Materials to purchase up to an additional amount of $25,000 of materials for the remainder of fiscal year 2025/26, for a combined total of $225,000.

B. Authorize the Public Works Department to utilize Tri-State Materials to purchase up to $325,000 of materials for fiscal year 2026/27.

EXECUTIVE SUMMARY
 Per the City’s Purchasing and Contracting policy (Policy), amounts paid to vendors/contractors over $50,000 must be approved by Council.  On December 2, 2025, Council authorized staff to utilize Tri-State Materials (TriState) to purchase up to $200,000 of materials in fiscal year (FY) 2025/26.  Staff requests Authority to utilize Tri-State to purchase up to an additional amount of $25,000 of materials for the remainder of FY 2025/26 and up to $325,000 for FY 2026/27.

FISCAL IMPACT
If approved, the amounts would be charged in increments, as needed, to the appropriate account(s) in FYs 2025/26 and 2026/27. Funds for materials purchases are available in FY 2025/26 budget in the Lighting and Landscape (No. 215-7004-60431) and Parks (No. 101- 3005-60431) materials/supplies accounts, and will be budgeted pursuant to Council’s direction for FY 2026/27.

BACKGROUND/ANALYSIS
The Policy requires Council approval for purchases and/or contracts over $50,000. As of June 8, 2026, the City has purchased up to $197,960 in materials from Tri-State in FY 2025/26.

CONSENT CALENDAR ITEM NO. 10
233 CLICK HERE to Return to Agenda
The City frequently purchases boulders, decomposed granite (DG), gravel, and crushed stone from Tri-State. Staff will continue to compare prices and material selections to obtain the best value and quality materials. The City utilizes Tri-State as a select source for Desert Gold DG utilized in many City landscape projects. Hardscape materials are used in landscape renovations in center medians, parkways and parks. Currently, renovations are ongoing on the center medians on Washington Street (Washington) north of Calle Tampico to Sagebrush Avenue (Sagebrush), and the parkway on the east side of Washington between Avenue 50 to Sagebrush.

Future renovations may include the center medians on Washington north of Sagebrush to Fred Waring Drive.

This spending authority would allow maintenance projects in City medians, parkways, and parks to continue without interruptions to scheduled work.

ALTERNATIVES
Council may direct staff to seek separate approvals from Council for any future purchases from Tri-State on a per project basis. However, this approach would delay work.

Prepared by: Dianne Hansen, Maintenance and Operation Superintendent Approved by: Tony Ulloa, Public Works Deputy Director
234 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT WITH VINTAGE ASSOCIATES, INC. FOR SILVERROCK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-31, THROUGH FISCAL YEAR 2030/31; AND AUTHORIZE THE PUBLIC WORKS

DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ON-CALL

LANDSCAPE MAINTENANCE SERVICES

RECOMMENDATION
Approve contract with Vintage Associates, Inc. for SilverRock Landscape Maintenance Services, Project No. 2023-31, through fiscal year 2030/31, and authorize the City Manager to execute the contract / change orders; and authorize the Public Works Department to utilize this vendor as a select source for on-call landscape maintenance services for up to $200,000, effective fiscal year 2026/27 through 2030/31.

EXECUTIVE SUMMARY
 The City contracts landscape maintenance services (LMS) for public parks, medians, parkways, and retention basins throughout the City. Section 1240 of the contract allows for extra work for landscape renovation and improvements on an on-call, as-needed basis.
 On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Council awarded a 3-year contract to Vintage Associates, Inc. (Vintage) for SilverRock (SRR) LMS based on their qualifications and experience, effective fiscal year (FY) 2024/25, to be executed as 1-year terms based on satisfactory performance by Vintage; the contract can be extended for up to 6 additional years, through FY 2030/31.  Staff seeks Council approval for the remainder of the available contract term, from FY 2027/28 through FY 2030/31.
 Staff utilizes Vintage, as a select source throughout the duration of the contract, for additional LMS that are not included in the scope of the contracted SRR LMS on an oncall, as-needed basis, in accordance with Council-approved additional spending authority.

FISCAL IMPACT
On June 18, 2024, Council approved a 3-year contract with Vintage, effective FY 2024/25, to be executed as 1-year terms based on satisfactory performance by the contractor, and a 5% contingency, compounded year-over-year, to be used towards negotiating future annual compensation increases, not to exceed the lesser of 5% or the annual Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario. Staff seeks Council approval for the CONSENT CALENDAR ITEM NO. 11
235 CLICK HERE to Return to Agenda
remainder of the available contract term, from FY 2027-28 through FY 2030-31, and a not to exceed 5% contingency for the additional terms, compounded year-over-year, as detailed in the table below.

Fiscal Year
SilverRock Park Landscape Maintenance Services
Estimated
Costs
Actual
Costs
FY 2024/25 $299,776 $299,776
FY 2025/26 (Change Order 1 – included compounded 2.5% CPI = $7,494) $299,776 $307,270 FY 2026/27 (Change Order 2 - includes compounded 3% CPI = $9,218) $299,776 $316,488 Contingency at 5% (compounded year-over-year for CPI per Section 1240) $ 45,716 - (Approved 6/18/2024) Total: $945,044 $923,534
Proposed Extended Term
FY 2027/28 $316,488 TBD
FY 2028/29 $316,488 TBD
FY 2029/30 $316,488 TBD
FY 2030/31 $316,488 TBD
Contingency at 5% (compounded year-over-year for CPI per Section 1240) $ 63,300 - Total: $1,329,252 TBD
Grand Total: $2,274,296 TBD
Costs for each FY will be budgeted pursuant to the contract and are allocated between the following 3 fund accounts – Park Fund 101-7004-60112, L&L 215-7004-60112, and SRR Parkways 215-7004-60146.

On-call services are not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of landscape maintenance and improvements in areas with aged and deferred landscaping. Work may generally include modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc.

Council approved additional spending authority for Vintage for FYs 2024/25 (June 18, 2024) and 2025/26 (April 15, 2025) for on-call LMS, beyond the contract’s scope of work, at cityowned properties, on as needed basis. Staff requests Council approval for additional spending authority up to $200,000 for on-call LMS effective FY 2026/27 through FY 2030/31, which is the remaining term of the contract, should it remain in effect, as detailed in the table below.

Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

Fiscal Year
On-Call Services
Approved
Spending Authority
Actual
Expenditures
FY 2024/25 $300,000 $106,048
FY 2025/26 (*as of 6/10/2026) $200,000 $ 33,699*
FY 2026/27 through FY 2030/31 $200,000 -
Funds will be budgeted each FY for the remaining on-call spending authority pursuant to Council’s approval, and charged in increments as needed against various accounts based on the type of work being performed (L&L 215-7004-60691 and 215-7004-60673; and Parks 101- 236 CLICK HERE to Return to Agenda
3005-60691) for landscape maintenance, renovation, weed abatement, tree removal, and storm damage clean-up of city-owned properties.

BACKGROUND/ANALYSIS
The City contracts LSM for daily, weekly, and monthly maintenance of landscaped areas located within City parks, retention basins, and parkways. The purpose of the SRR LMS is to increase service levels at the SRR Event Park and landscape improvements at the parkways located on Avenue 52 and Jefferson Street.

On April 2, 2024, an RFQ was posted for SRR LMS and on-call LMS; 5 proposals were received; and the selection committee recommended contracting with Vintage based on their qualifications and experience.

On June 18, 2024, Council awarded a 3-year contract to Vintage for SRR LMS, starting FY 2024/25 through FY 2026/27, to be executed as 1-year terms based on satisfactory performance by Vintage. Staff seeks Council approval for the remainder of the available contract term, from FY 2027/28 through FY 2030/31. In accordance with the contract terms, per section 1240, subsection (C), the City may authorize a maximum increase per FY, to be negotiated not to exceed the lesser of 5% or the annual CPI for Riverside, San Bernardino, and Ontario.

In May 2025, staff executed Change Order No. 1 extending the initial term for 1 additional year, through FY 2025/26, and increased compensation by 2.5%. Staff will execute Change Order No. 2, included as Attachment 1, before the end of this FY to extend the term for 1 additional year, through FY 2026/27, and increase compensation by 3%.

Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as needed basis.

Staff utilizes Vintage, as a select source throughout the duration of the contract, for additional LMS that are not included in the scope of the contracted SRR LMS on an on-call, as-needed basis, in accordance with Council-approved additional spending authority.

Council approved additional spending authority for Vintage for FYs 2024/25 and 2025/26 for on-call LMS, beyond the contract’s scope of work, at city-owned properties, on as needed basis, which are detailed in the table above under the Fiscal Impact section of this report. Staff requests Council approval for additional spending authority of up to $200,000 for on-call LMS effective FY 2026/27 through FY 2030/31, which is the remaining term of the contract, should it remain in effect. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

ALTERNATIVES
Council may elect not to approve extending the contract and related compensation.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Tony Ulloa, Public Works Deputy Director
Attachment: 1. Change Order No. 2 with Vintage
237 CLICK HERE to Return to Agenda
Sheet 1 of 2
AGREEMENT: SILVERROCK LANDSCAPE MAINTENANCE SERVICE
PROJECT NO. 2023-31
CONTRACTOR: VINTAGE ASSOCIATES, INC.

CHANGE ORDER NO. 2
******************************************************************************************************************* Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement.

DESCRIPTION OF CHANGE

1. As provided in Section 1240(C) – the Contract sum is amended as follows: the total agreement amount of $307,270 is increased to $316,488 which includes a 3% increase of $9,218 based on the Consumer Price Index for Riverside-San Bernardino County, and Ontario.

2. As provided in Section 1240(B) – the City and Contractor agree to extend the term of the contract for the second 1-year extension, commencing on July 1, 2026, through June 30, 2027. ******************************************************************************************************************* ******************************************************************************************************************************

ON-CALL SERVICES SPENDING AUTHORITY
******************************************************************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: July 1, 2026 ******************************************************************************************************************* Contract for FY 2024/25 $ 299,776
Change Order No. 1 for FY 2025/26
(includes compounded 2.5% CPI annual increase) $ 307,270 Change Order No. 2 for FY 2026/27
(includes compounded 3% CPI annual increase)
$ 316,488
Revised Agreement Total $ 923,534
ATTACHMENT 1
On-call services is not guaranteed, and must be requested and approved by the Contract Officer in advance. Work may include but is not limited to modification to the irrigation system, replacement of trees, shrubs, ground cover,
accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments,
landscape of field improvements, etc. for services outside the scope of the contract.

FY 2024/25
(approved 6/18/24) $ 300,000
FY 2025/26
(approved 4/15/25) $ 200,000
FYs 2026/27 – 2030/31
(approved 6/16/26) $ 200,000
238 CLICK HERE to Return to Agenda
Submitted By: Date:

Approved By: Date:
******************************************************************************************************************* We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.

Accepted By: Title: CEO
Print Name: Kyle Gritters Print Company: VINTAGE ASSOCIATES, INC 239 CLICK HERE to Return to Agenda
240 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT WITH DESERT CONCEPTS

CONSTRUCTION, INC FOR PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. 2023-30, THROUGH FISCAL YEAR 2030/31; AND AUTHORIZE THE

PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE

FOR ON-CALL LANDSCAPE MAINTENANCE SERVICES

RECOMMENDATION
Approve contract with Desert Concepts Construction, Inc. for Park Landscape Maintenance Services, Project No. 2023-30, through fiscal year 2030/31, and authorize the City Manager to execute the contract / change orders; and authorize the Public Works Department to utilize this vendor as a select source for on-call landscape maintenance services for up to $300,000 effective fiscal year 2026/27 through 2030/31.

EXECUTIVE SUMMARY
 The City contracts landscape maintenance services (LMS) for its parks, civic facilities, and retention areas. Section 1240 of the contract allows for extra work for landscape renovation and improvements on an on-call, as needed basis.  On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Council awarded a 3-year contract to Desert Concepts Construction, Inc. (Desert Concepts) for citywide parks LMS based on their qualifications and experience, effective fiscal year (FY) 2024/25, to be executed as 1-year terms based on satisfactory performance by Desert Concepts; the contract can be extended for up to 6 additional years, through FY 2030/31.  Staff seeks Council approval for the remainder of the available contract term, from FY 2027/28 through FY 2030/31.
 Staff utilizes Desert Concepts, as a select source throughout the duration of the contract, for additional LMS that are not included in the scope of the contracted parks LMS on an on-call, as-needed basis, in accordance with Council-approved additional spending authority.

FISCAL IMPACT
On June 18, 2024, Council approved a 3-year contract with Desert Concepts, effective FY 2024/25, to be executed as 1-year terms based on satisfactory performance by the contractor, and a 5% contingency, compounded year-over-year, to be used towards CONSENT CALENDAR ITEM NO. 12
241 CLICK HERE to Return to Agenda
negotiating future annual compensation increases, not to exceed the lesser of 5% or the annual Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario. Staff seeks Council approval for the remainder of the available contract term, from FY 2027/28 through FY 2030/31, and a not to exceed 5% contingency for the additional terms, compounded year-over-year, as detailed in the table below.

Fiscal Year
Landscape Maintenance Services
Estimated
Costs
Actual
Costs
FY 2024/25 $1,180,000 $1,180,000
FY 2025/26 (Change Order 1 – included compounded 2.5% CPI = $29,500) $1,180,000 $1,209,500 FY 2026/27 (Change Order 2 - includes compounded 3% CPI = $36,285) $1,180,000 $1,245,785 Contingency at 5% (compounded year-over-year for CPI per Section 1240) $ 179,950 - (Approved 6/18/2024) Total: $3,719,950 $3,635,285
Proposed Extended Term
FY 2027/28 $1,245,785 TBD
FY 2028/29 $1,245,785 TBD
FY 2029/30 $1,245,785 TBD
FY 2030/31 $1,245,785 TBD
Contingency at 5% (compounded year-over-year for CPI per Section 1240) $ 249,157 - Total: $5,232,297 TBD
Grand Total: $8,952,247 TBD
Costs for each FY will be budgeted pursuant to the contract and are allocated between the following 4 fund accounts:

Fund Account FY 2026/27
Park Fund (101-3005-60112) $ 1,004,659
L&L Fund (215-7004-60112) $ 184,144
Museum Fund (202-3006-60112) $ 21,917
Library Fund (202-3004-60112) $ 35,065
Change Order No. 2 Total: $ 1,245,785
On-call services are not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of landscape maintenance and improvements in areas with aged and deferred landscaping. Work may generally include modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc.

Council approved additional spending authority for Desert Concepts for FYs 2024/25 (June 18, 2024) and 2025/26 (April 15, 2025) for on-call LMS, beyond the contract’s scope of work, at city-owned properties, on as needed basis. Staff requests Council approval for additional spending authority up to $300,000 for on-call LMS effective FY 2026/27 through FY 2030/31, which is the remaining term of the contract, should it remain in effect, as detailed in the table below. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first. 242 CLICK HERE to Return to Agenda
Fiscal Year
On-Call Services
Approved
Spending Authority
Actual
Expenditures
FY 2024/25 $300,000 $194,289
FY 2025/26 (*as of 6/11/2026) $300,000 $222,160*
FY 2026/27 through FY 2030/31 $300,000 -
Funds will be budgeted each FY for the remaining on-call spending authority pursuant to Council’s approval, and will be expended against various accounts based on the type of work being performed ((L&L 215-7004-60691; Fire Stations 101-2002-60112; Museum 202-3006-60112; Library 202-3004-60112; Parks 101-3005-60691) for landscape maintenance, renovation, weed abatement, tree removal, and storm damage clean-up of city-owned properties.

BACKGROUND/ANALYSIS
The City contracts LMS for its parks, trails, natural areas, retention basins, and landscaped areas around civic facilities (YMCA, Library, Museum, etc.), retention areas for daily cleaning and weekly maintenance. Section 1240 of the contract allows for extra work for landscape renovation and improvements on an on-call, as needed basis.

On April 2, 2024, an RFQ was posted for LMS and on-call LMS; 4 proposals were received; and the selection committee recommended contracting with Desert Concepts based on their qualifications and experience.

On June 18, 2024, Council awarded a 3-year contract to Desert Concepts for LMS, starting FY 2024/25 through FY 2026/27, to be executed as 1-year terms based on satisfactory performance by Desert Concepts. Staff seeks Council approval for the remainder of the available contract term, from FY 2027/28 through FY 2030/31. In accordance with the contract terms, per section 1240, subsection (C), the City may authorize a maximum increase per FY, to be negotiated not to exceed the lesser of 5% or the annual CPI for Riverside, San Bernardino, and Ontario.

Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as needed basis.

Staff utilizes Desert Concepts, as a select source throughout the duration of the contract, for additional LMS that are not included in the scope of the contracted LMS on an on-call, as-needed basis, in accordance with Council-approved additional spending authority.

Council approved additional spending authority for Desert Concepts for FYs 2024/25 and 2025/26 for on-call LMS, beyond the contract’s scope of work, at city-owned properties, on as needed basis, which are detailed in the table above under the Fiscal Impact section of this report. Staff requests Council approval for additional spending authority of up to 243 CLICK HERE to Return to Agenda
$300,000 for on-call LMS effective FY 2026/27 through FY 2030/31, which is the remaining term of the contract, should it remain in effect. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

To date, on-call LMS has included landscape restoration of the perimeter landscape around La Quinta Park, sports field improvements at La Quinta Park and the Sports Complex, and plant and tree replacement at various city parks, Civic Center Campus, and Pioneer Park.

ALTERNATIVES
Council may elect not to approval extending the contract and related compensation.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Bryan McKinney, Public Works Director/City Engineer Attachment: 1. Change Order No. 2 with Desert Concepts
244 CLICK HERE to Return to Agenda
Sheet 1 of 2
AGREEMENT: CITYWIDE PARK LANDSCAPE MAINTENANCE SERVICE
PROJECT NO. 2023-30
CONTRACTOR: DESERT CONCEPTS CONSTRUCTION, INC.

DESCRIPTION OF CHANGE

1. As provided in Section 1240(C) - the Contract sum is amended as follows: the total agreement amount of $1,209,500 is increased to $1,245,785 which includes a 3% increase of $36,285

2. As provided in Section 1240(B) – the City and Contractor agree to extend the term of the contract for the second one-year extension, commencing on July 1, 2026, through June 30, 2027.

3. As provided in Section 3000, B. General Facility Operations is revised to include maintenance and repair of drinking fountains.

8. All drinking fountains including dog parks and trails shall be kept clean and operational at all times.
a. Minor repairs to include but not limited to unclogging drains, labor for replacing damaged or broken parts, and miscellaneous parts shall be included in the contract price. City to provide replacement parts such as valves, and tubing,
b. All miscellaneous repairs such as leaking fountains shall be completed within twelve (12) hours of notification received.
c. Every instance of damage shall be reported to the City representative. Repairs due to damage shall be completed within twenty-four (24) hours after damage occurs. d. Should damage be repetitive, the City representative will evaluate replacement with a more damage resistant model through extra work or separate action. ******************************************************************************************************************* ****************************************************************************************************************************** Contract for FY 2024/25 $ 1,180,000
Change Order No. 1 for FY 2025/26
(includes compounded 2.5% CPI annual increase) $ 1,209,500 Change Order No. 2 for FY 2026/27
(includes compounded 3% CPI annual increase) $ 1,245,785 Revised Agreement Total $ 3,635,285
ATTACHMENT 1
245 CLICK HERE to Return to Agenda

Accepted By: Title: President
Print Name: Julio Castro Print Company: DESERT CONCEPTS CONSTRUCTION, INC_ FY 2024/25
(approved 6/18/24) $ 300,000
FY 2025/26
(approved 4/15/25) $ 300,000
FYs 2026/27 – 2030/31
(approved 6/16/26) $ 300,000
246 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: APPROVE CONTRACT WITH DESERT CONCEPTS CONSTRUCTION,

INC FOR CITYWIDE LANDSCAPE MAINTENANCE WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, PROJECT NO. 2023-28; AND AUTHORIZE

THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE

FOR ON-CALL MAINTENANCE SERVICES

RECOMMENDATION
Approve contract with Desert Concepts Construction, Inc. for Citywide Landscape Maintenance Services within the Landscape and Lighting Assessment District 89-1, Project No. 2023-28, through fiscal year 2030/31, and authorize the City Manager to execute the contract / change orders; and authorize the Public Works Department to utilize this vendor as a select source for on-call landscape maintenance services for up to $300,000 effective fiscal year 2026/27 through 2030/31.

EXECUTIVE SUMMARY
 The City contracts landscape maintenance services (LMS) for public medians, parkways, retention basins, and fire stations throughout the City. Section 1240 of the contract allows for extra work for landscape renovation and improvements on an oncall, as needed basis.  On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Council awarded a 3-year contract to Desert Concepts Construction, Inc. (Desert Concepts) for LMS for the Landscape and Lighting Assessment District 89-1 (L&L) based on their qualifications and experience, effective fiscal year (FY) 2024/25, to be executed as 1-year terms based on satisfactory performance by Desert Concepts; the contract can be extended for up to 6 additional years, through FY 2030/31.
 Staff seeks Council approval for the remainder of the available contract term, from FY 2027/28 through FY 2030/31.
 Staff utilizes Desert Concepts, as a select source throughout the duration of the contract, for additional LMS that are not included in the scope of the contracted L&L LMS on an on-call, as-needed basis, in accordance with the Council-approved additional spending authority.

CONSENT CALENDAR ITEM NO. 13
247 CLICK HERE to Return to Agenda

FISCAL IMPACT
On June 18, 2024, Council approved a 3-year contract with Desert Concepts, effective FY 2024/25, to be executed as 1-year terms based on satisfactory performance by the contractor, and a 5% contingency, compounded year-over-year, to be used towards negotiating future annual compensation increases, not to exceed the lesser of 5% or the annual Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario. Staff seeks Council approval for the remainder of the available contract term, from FY 2027/28 through FY 2030/31, and a not to exceed 5% contingency for the additional term, compounded yearover-year, as detailed in the table below.

Fiscal Year
Landscape Maintenance Services
Estimated
Costs
Actual
Costs
FY 2024/25 (Contract)
FY 2024/25 $ 1,380,000 $1,385,533
(Change Order 1 – Vista Coralina Lane pro-rated 10 months = $5,533) FY 2025/26 (Change Order 2 – included Vista Coralina Lane 12 months = $8,299; Palm Trees Removal = ($6,375), & compounded 2.5% CPI = $34,707) $ 1,380,000 $1,416,631 FY 2026/27 (Change Order 3 - includes compounded 3% CPI = $42,499) $ 1,380,000 $1,459,130 Contingency at 5% (compounded year-over-year for CPI per Section 1240) $ 210,450 -
(Approved 6/18/2024) Total: $ 4,350,450 $4,261,294
Proposed Extended Term
FY 2027/28 $ 1,459,130 TBD
FY 2028/29 $ 1,459,130 TBD
FY 2029/30 $ 1,459,130 TBD
FY 2030/31 $ 1,459,130 TBD
Contingency at 5% (compounded year-over-year for CPI per Section 1240) $ 291,826 - Total: $ 6,128,346 TBD
Grand Total: $10,478,796 TBD
Costs for each FY will be budgeted pursuant to the contract and are allocated between the following 2 fund accounts:

Fund Account FY 2026/27
L&L (215-7004-60112) $ 1,355,130
Fire Stations (101-2002-60112) $ 61,500
Change Order No. 3 Total: $ 1,459,130
On-call services are not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of landscape maintenance and improvements in areas with aged and deferred landscaping. Work may generally include modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, landscape of field improvements, etc.
248 CLICK HERE to Return to Agenda
Council approved additional spending authority for Desert Concepts for FYs 2024/25 (June 18, 2024) and 2025/26 (April 15, 2025) for on-call LMS, beyond the contract’s scope of work, at city-owned properties, on as needed basis. Staff requests Council approval for additional spending authority up to $300,000 for on-call LMS effective FY 2026/27 through FY 2030/31, which is the remaining term of the contract, should it remain in effect, as detailed in the table below. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

Fiscal Year
On-Call Services
Approved
Spending Authority
Actual
Expenditures
FY 2024/25 $300,000 $272,223
FY 2025/26 (*as of 6/11/2026) $300,000 $197,770*
FY 2026/27 through FY 2030/31 $300,000 -
Funds will be budgeted each FY for the remaining on-call spending authority pursuant to Council’s approval, and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691; Fire Stations 101-2002-60112; Museum 202-3006- 60112; Library 202-3004-60112; Parks 101-3005-60691) for landscape maintenance, renovation, weed abatement, tree removal, and storm damage clean-up of city-owned properties.

BACKGROUND/ANALYSIS
The City contracts citywide LMS within the L&L for daily, weekly and monthly maintenance of all landscaped areas located within the City’s rights-of-way and Fire Stations. Section 1240 of the contract allows for extra work for landscape renovation and improvements on an oncall, as needed basis.

On April 2, 2024, an RFQ was posted for L&L LMS and on-call LMS; 4 proposals were received; and the selection committee recommended contracting with Desert Concepts based on their qualifications and experience.

On June 18, 2024, Council awarded a 3-year contract to Desert Concepts for L&L LMS, starting FY 2024/5 through FY 2026/27, to be executed as 1-year terms based on satisfactory performance by Desert Concepts. Staff seeks Council approval for the remainder of the available contract term, from FY 2027/28 through FY 2030/31. In accordance with the contract terms, per section 1240, subsection (C), the City may authorize a maximum increase per FY, to be negotiated not to exceed the lesser of 5% or the annual CPI for Riverside, San Bernardino, and Ontario.

Change Order No. 1 was executed effective November 1, 2024, to add maintenance of Vista Coralina Lane retention basin and center median island for a total not to exceed amount of $5,533 in FY 2024/25, prorated for 10 months. This work will be permanently included in the annual scope of work for this contract going forward at a not to exceed annual amount of $8,299.
249 CLICK HERE to Return to Agenda
In May 2025, staff executed Change Order No. 2 extending the initial term for 1 additional year, through FY 2025/26, amended the scope of work and related compensation to deduct certain palm tree removal and add Vista Coralina Lane, and increased compensation by

2.5%. Staff will execute Change Order No. 3, included as Attachment 1, before the end of this FY to extend the term for 1 additional year, through FY 2026/27, and increase compensation by 3%.

Section 1240 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as needed basis.

Staff utilizes Desert Concepts, as a select source throughout the duration of the contract, for additional L&L LMS that are not included in the scope of the contracted L&L LMS on an oncall, as-needed basis, in accordance with Council-approved additional spending authority.

Council approved additional spending authority for Desert Concepts for FYs 2024/25 and 2025/26 for on-call L&L LMS, beyond the contract’s scope of work, at city-owned properties, on as needed basis, which are detailed in the table above under the fiscal impact section of this report. Staff requests Council approval for additional spending authority of up to $300,000 for on-call LMS effective FY 2026/27 through FY 2030/31, which is the remaining term of the contract, should it remain in effect. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

To date, on-call LMS in FY 2024/25 included plant replacement on Miles Avenue, Adams Street, Calle Tampico, Eisenhower Drive, the Village Streets, restoration of median islands on Highway 111 from Washington Street to Jefferson Street, and on Avenue 52 from the entrance of SilverRock Park to Jefferson Street; in FY 2025/26 on-call LMS included landscape restoration of the parkway on Washington Street (Washington) between Point Happy Estates and Highland Palms Drive, the retention basin located in front of St. Frances of Assisi Catholic Church, the center medians on Washington Street north of Avenue 52 to Avenue 50.

ALTERNATIVES
Council may elect not to approve extending the contract and related compensation.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Tony Ulloa, Deputy Director Public Works
Attachment: 1. Change Order No. 3 with Desert Concepts
250 CLICK HERE to Return to Agenda
Sheet 1 of 2
AGREEMENT: CITYWIDE LANDSCAPE MAINTENANCE SERVICES, LANDSCAPE AND LIGHTING DISTRICT 89-1
PROJECT NO. 2023-28
CONTRACTOR: DESERT CONCEPTS CONSTRUCTION, INC.

CHANGE ORDER NO. 3
************************************************************************ Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. ***************************************************************

DESCRIPTION OF CHANGE

1. As provided on Section 1240(C) – Contract sum is amended as follows: the total contract amount of $1,416,631 is increased to $1,459,130 which includes a 3% contract increase of $42,499.

2. As provided in Section 1240(B) – the City and Contractor agree to extend the term of the contract for the second one-year extension, commencing on July 1, 2026, through June 30, 2027. ********************************************************************* ******************************************************************************************************************************

ON-CALL SERVICES SPENDING AUTHORITY
On-call services is not guaranteed and must be requested and approved by the Contract Officer in advance. Work
may include but is not limited to landscape restoration with modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. for services outside the scope of the contract. ****************************************************************************************************************************** By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: 07/01/2026 ******************************************************************************************************************* Contract for FY 2024/25 $ 1,380,000
Contract Change Order No 1 in FY 2024/25
(annual maintenance for additional area at Vista Coralina) $ 5,533
Contract Change Order No 2 for FY 2025/26
(included a 2.5% CPI annual increase)
$ 1,416,631
Contract Change Order No. 3 for FY 2026/27
(includes a 3% CPI annual increase)
$ 1,459,130
Revised Agreement Total $ 4,261,294
FY 2024/25
(approved 6/18/24) $ 300,000
FY 2025/26
(approved 4/15/25) $ 300,000
FYs 2026/27 – 2030/31
(approved 6/16/26) $ 300,000
ATTACHMENT 1
251 CLICK HERE to Return to Agenda
Submitted By: Date:

Approved By: Date:

We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.

Accepted By: Title: President
Print Name:__Julio Castro__Print Company:__DESERT CONCEPTS CONSTRUCTION, INC 252 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: RECEIVE AND FILE CHANGE ORDER NO. 2 TO CONTRACT WITH HORIZON LIGHTING, INC. FOR CITYWIDE LIGHTING MAINTENANCE SERVICES WITHIN THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, PROJECT NO. 2023-29, FOR FISCAL YEAR 2026/27; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE HORIZON LIGHTING, INC. AS SELECT SOURCE FOR ON-CALL ELECTRICAL

SERVICES

RECOMMENDATION
Receive and file Change Order No. 2 to contract with Horizon Lighting, Inc. for Citywide Lighting Maintenance Services within the Landscape and Lighting Assessment District 89-1, Project No. 2023-29, for fiscal year 2026/27; and authorize the Public Works Department to utilize this vendor as a select source for on-call electrical services for up to $100,000, effective fiscal year 2026/27 through 2030/31.

EXECUTIVE SUMMARY
 The City contracts citywide landscape lighting maintenance services (lighting maintenance) within the Landscape and Lighting Assessment District 89-1 (L&L), Fire Stations, and parking lots. Section 1245 of the contract allows for extra work for lighting maintenance and improvements on an on-call, as needed basis.  On June 18, 2024, following a Request for Qualifications (RFQ) competitive selection process, Council awarded a 7-year contract to Horizon Lighting, Inc. (Horizon) for citywide lighting maintenance services based on their qualifications and experience, effective fiscal year (FY) 2024/25, to be executed as 1-year terms based on satisfactory performance by Horizon, through FY 2030/31.
 Staff utilizes Horizon, as a select source throughout the duration of the contract, for additional lighting maintenance and electrical services withing the L&L areas for lighting improvements that are not included in the scope of the contracted L&L services on an on-call, as-needed basis, in accordance with Council-approved additional spending authority.
 Staff seeks Council approval for additional spending authority to utilize this vendor as a select source for on-call electrical services within the L&L areas for the remainder of the available contract term, from FY 2027/28 through FY 2030/31.

FISCAL IMPACT
On June 18, 2024, Council approved a 7-year contract with Horizon, effective FY 2024/25, to be executed as 1-year terms based on satisfactory performance by the contractor, and a 5% CONSENT CALENDAR ITEM NO. 14
253 CLICK HERE to Return to Agenda
contingency, compounded year-over-year, to be used towards negotiating future annual compensation increases, not to exceed the lesser of 5% or the annual Consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario, as detailed in the table below.

Fiscal Year – L&L AD 89-1 Lighting Maintenance Services Estimated Cost
Actual
Cost
FY 2024/25 $ 79,927 $ 79,927
FY 2025/26 (Change Order 1 – included compounded 2.5% CPI = $1,998) $ 79,927 $ 81,925 FY 2025/26 (Change Order 2 – includes compounded 3% CPI = $2,458) $ 79,927 $ 84,683 FY 2027/28 $ 79,927 TBD
FY 2028/29 $ 79,927 TBD
FY 2029/30 $ 79,927 TBD
FY 2030/31 $ 79,927 TBD
Contingency at 5% (compounded year-over-year for CPI per Section 1240) $ 91,278 - Grand Total: $650,767 TBD
Costs for each FY are budgeted pursuant to the contract and are allocated in the L&L Fund 215-7004-60104.

On-call services are not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of services. Work may generally include electrical repairs, LED conversions, new lighting installation, meter pedestal / panel replacements, electrical panel upgrades, etc. Further, staff continues to seek quotes from other vendors, when applicable per the City’s Purchasing and Contracting Policy, to ensure quality of services and competitive pricing.

Council approved additional spending authority for Horizon for FYs 2024/25 (June 18, 2024) and 2025/26 (April 15, 2025) for on-call lighting maintenance and/or electrical repairs within the L&L areas, beyond the contract’s scope of work, on as needed basis. Staff requests Council approval for additional spending authority up to $100,000 for on-call electrical services effective FY 2026/27 through FY 2030/31, which is the remaining term of the contract, should it remain in effect, as detailed in the table below. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

Fiscal Year
On-Call Electrical Services
Approved
Spending Authority
Actual
Expenditures
FY 2024/25 $200,000 $5,914
FY 2025/26 (*as of 6/11/2026) $150,000 $ 636*
FY 2026/27 through FY 2030/31 $100,000 -
Funds will be budgeted each FY for the remaining on-call spending authority pursuant to Council’s approval, and will be expended against various accounts based on the type of work being performed (L&L 215-7004-60691, Parks 101-3005-60691, Buildings 101-3008-60691, and Capital Improvement Projects 404-0000-60188) for landscape maintenance, renovation, weed abatement, tree removal, and storm damage clean-up of city-owned properties. 254 CLICK HERE to Return to Agenda

BACKGROUND/ANALYSIS
The City contracts citywide lighting maintenance within the L&L for monthly maintenance of landscaped areas within the City’s right-of-way, Fire Stations, and parking lots.

On April 2, 2024, an RFQ was posted for lighting maintenance within the L&L areas and oncall electrical services; 2 proposals were received; and the selection committee recommended contracting with Horizon based on their qualifications and experience.

On June 18, 2024, Council awarded a 7-year contract to Horizon for lighting services, starting FY 2024/25 through FY 2030/31, to be executed as 1-year terms based on satisfactory performance by Horizon. In accordance with the contract terms, per section 1245, subsection (C), the City may authorize a maximum increase per FY, to be negotiated not to exceed the lesser of 5% or the annual CPI for Riverside, San Bernardino, and Ontario.

Section 1245 of the contract specifically allows for extra work for landscape renovation and improvements on an on-call, as needed basis.

Staff utilizes Horizon, as a select source throughout the duration of the contract, for additional lighting maintenance and electrical services that are not included in the scope of the contracted L&L areas on an on-call, as-needed basis, in accordance with Council-approved additional spending authority, for unanticipated electrical repairs due to car accidents in the medians, building maintenance, electrical repairs or installation of lights or power outlets at city parks, etc.

Council approved additional spending authority for Horizon for FYs 2024/25 and 2025/26 for on-call LMS, beyond the contract’s scope of work, within the L&L areas, on as needed basis, which are detailed in the table above under the Fiscal Impact section of this report. Staff requests Council approval for additional spending authority of up to $100,000 for on-call electrical services effective FY 2026/27 through FY 2030/31, which is the remaining term of the contract, should it remain in effect. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

ALTERNATIVES
Council may elect not to authorize any additional spending authority or a reduced spending authority than requested.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Tony Ulloa, Deputy Director Public Works
Attachment: 1. Change Order No. 2 with Horizon
255 CLICK HERE to Return to Agenda
Sheet 1 of 2
AGREEMENT: CITYWIDE LIGHTING MAINTENANCE SERVICES,
LANDSCAPE AND LIGHTING DISTRICT 89-1
PROJECT NO. 2023-29
CONTRACTOR: HORIZON LIGHTING, INC.

CHANGE ORDER NO. 2
************************************************************************ Pursuant to the terms of the original Agreement for Contract Services, you are hereby directed to make the herein described changes or do the following described work not included in the plans and specifications for this Agreement. Unless otherwise stated all work shall conform to the terms, general conditions, and special provisions of the original Agreement. ***************************************************************

DESCRIPTION OF CHANGE

1. As provided in Section 1245 (C) – Contract sum is amended as follows: the total contract amount of $81,925 is increased to $84,383 which includes a 3% contract increase of $2,458.

2. As provided in Section 1245 (B) – Contract terms; the City and Contractor agree to extend the term of the contract for the first (1) one-year extension, commencing on July 1, 2026, through June 30, 2027.
*********************************************************************

ON-CALL SERVICES SPENDING AUTHORITY
********************************************************************* By reason of this change order the time of completion is adjusted as follows: -365- days added/deleted to contract time. The start date for these services shall be: July 1, 2026 Submitted By: Date:

Approved By: Date:

Contract for FY 2024/25 $ 79,927
Change Order No 1 for FY 2025/26
(included a 2.5% CPI annual increase)
$ 81,925
Change Order No 2 for FY 2026/27
(included a 3% CPI annual increase)
$ 84,383
Revised Total Agreement: $ 246,235
FY 2024/25
(approved 6/18/24) $ 200,000
FY 2025/26
(approved 4/15/25) $ 150,000
FY 2026/27 – 2030/31
(approved 6/18/26) $ 100,000
ATTACHMENT 1
On-call services is not guaranteed and must be requested and approved by the Contract Officer in advance. Work
may include but is not limited to landscape restoration with modification to the irrigation system, replacement of trees, shrubs, ground cover, accident damage, vandalism repair, weed abatement, storm debris cleanup, irrigation repair and assessments, etc. for services outside the scope of the 256 CLICK HERE to Return to Agenda
*************************************************************** We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, perform all labor, except as may be noted above, and perform all services necessary to complete the above specified work, and hereby accept as full payment the amount shown above, which includes all direct and indirect overhead expenses for any delays.

Accepted By: Title: _President/CEO
Print Name:__Joel Hunter_______ Print Company: Horizon Lighting, Inc._______________ 257 CLICK HERE to Return to Agenda
258 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: APPROVE AMENDMENT NO. 1 TO AGREEMENT FOR CONTRACT

SERVICES WITH OCEAN SPRINGS TECH, INC FOR POOL AND WATER FEATURE MAINTENANCE SERVICES, PROJECT NO. 2024-24; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO UTILIZE THIS VENDOR AS SELECT SOURCE FOR ONCALL SERVICES

RECOMMENDATION
Approve Amendment No. 1 to Agreement for Contract Services with Ocean Springs Tech, Inc. for Pool and Water Feature Maintenance Services, Project No. 2024-24, and authorize the City Manager to execute the amendment; and authorize the Public Works Department to utilize this vendor as a select source for on-call services for up to $150,000, effective fiscal year 2026/27 through 2031/32.

EXECUTIVE SUMMARY
 The City contracts pool maintenance services for Fritz Burns pool and the La Quinta Park water feature.
 On June 3, 2025, following a Request for Qualifications (RFQ) competitive selection process, Council approved an Agreement for Contract Services with Ocean Springs Tech., (Ocean Springs) for a 7-year term for Pool and Water Feature Maintenance services, effective fiscal year (FY) 2025/26 through FY 2031/32, to be executed as 1- year terms based on satisfactory performance by the vendor.  Recent renovations at Fritz Burns Park include new pool equipment and a new water feature in the children’s pool.
 Proposed Amendment No. 1 (Attachment 1) extends the agreement term through June 30, 2027, adds services and related compensation for the new Fritz Burns Park pool equipment and children’s water feature, and provides a 3% increase for the La Quinta Park water feature service costs.
 Staff requests authority of up to $150,000 to utilize Ocean Springs, as a select source throughout the duration of the agreement, for additional pool and water feature services not included in the agreement scope of work, on an on-call, as-needed basis.

FISCAL IMPACT
Estimated cost for pool and water feature maintenance services 7-days per week, yearround, are $199,042 per FY effective FY 2026/27 through the remainder of the agreement, which is comprised of – (a) the initial cost proposal of $169,764, (b) an annual increase of
CONSENT CALENDAR ITEM NO. 15
259 CLICK HERE to Return to Agenda
$28,020 for additional maintenance services for the new Fritz Burns Park pool equipment and water feature, and (c) a 3% negotiated annual compensation increase of $1,262 for the La Quinta Park water feature for FY 2026/27. Revised costs for the remaining term of the agreement are detailed in the table below, which also includes an approximately 5% contingency, compounded year-over-year, to be used toward negotiating future annual compensation increases driven by prevailing wage, and supplies and materials costs escalation, not to exceed the lesser of 5% or the annual consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario.

Term
Initial
Estimated
Cost
Revised
Estimated
Cost
FY 2025/26 $ 169,764 $ 169,764
FY 2026/27 $ 169,764 $ 199,042
FY 2027/28 $ 169,764 $ 199,042
FY 2028/29 $ 169,764 $ 199,042
FY 2029/30 $ 169,764 $ 199,042
FY 2030/31 $ 169,764 $ 199,042
FY 2031/32 $ 169,764 $ 199,042
Contingency at approximately 5%
FYs 2026/27 – 2031/32 (compounded year-over-year) $ 60,000 $ 70,000 Grand Total: $1,248,348 $1,434,016
Costs for each FY will be budgeted pursuant to the agreement and are allocated in the following 2 accounts – Fritz Burns Pool (101-3005-60184) and LQ Park Water Feature (101-3005-60554).

On-call services are not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of services. Work may generally include mold remediation, installation and replacement of pool equipment including heaters, programming, ultraviolet systems, and any and all related pool equipment and operational parts, and programming of timers, etc. Further, staff will continue to seek quotes from other vendors, when applicable per the City’s Purchasing and Contracting Policy, to ensure quality of services and competitive pricing.

Council approved additional spending authority for Ocean Springs for FY 2024/25 for additional pool and water feature maintenance services, beyond in the scope of the agreement, on an on-call, as needed basis. Staff requests Council approval for additional spending authority of up to $150,000 for on-call services effective FY 2026/27 through FY 2031/32, which is the remaining term of the agreement, should it remain in effect, as detailed in the table below. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

Fiscal Year
On-Call Services
Approved
Spending Authority
Actual
Expenditures
FY 2025/26 (*as of 6/11/2026) $150,000 $40,553*
FY 2026/27 through FY 2032/33 $150,000 -
260 CLICK HERE to Return to Agenda
Funds will be budgeted each FY for the remaining on-call spending authority pursuant to Council’s approval, and charged in increments as needed against the 2 accounts listed above, based on the type of work being performed.

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

On March 17, 2025, an RFQ was published for expanded pool and water feature maintenance services. A mandatory pre-proposal meeting was held on April 19, 2025; 2 contractors attended; and 1 proposal was submitted by Ocean Springs who has the experience and qualifications necessary to provide the required services.

On June 3, 2025, Council awarded a 7-year agreement to Ocean Springs for Pool and Water Feature Maintenance, Project No. 2024-24, starting FY 2025/26 through FY 2031/32, to be executed as 1-year terms based on satisfactory performance by the vendor.

The City recently completed the Fritz Burns Park Improvements Project No. 2021-02, which included new pool equipment and a water feature in the children’s pool.

The proposed Amendment No. 1 would include additional maintenance services for the new equipment at Fritz Burns Park for an annual cost of $28,020 starting FY 2026/27, and a 3% contract increase of $1,262 for the water feature at La Quinta Park. The increase is intended to cover the rising costs of gas prices, prevailing wages, sanitation products, and chemicals.

Staff requests Council approval for additional spending authority of up to $150,000 to utilize Ocean Springs as a select source for on-call services throughout the duration of the contract, for additional services that are not included in the scope of the contracted pool and water feature maintenance services, on an on-call as needed basis as detailed in 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
As the contract, related budget, and additional spending authority have been previously approved by Council, staff does not recommend an alternative.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Tony Ulloa, Deputy Director Public Works
Attachment: 1. Amendment No. 1 to Agreement for Contract Services with Ocean Springs 261 CLICK HERE to Return to Agenda
AMENDMENT NO. 1 TO POOL & WATER FEATURE MAINTENANCE
WITH OCEAN SPRINGS TECH, INC. PROJECT NO. 2024-24
This Amendment No. 1 (“Amendment 1”) to Agreement for Contract Services ("Agreement”) is made and entered into as of the 1st day of July, 2026, ("Effective Date") by and between the City of La Quinta ("City"), a California Municipal Corporation and Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California, 92253, and Ocean Springs Tech, Inc. with a place of business at 65145 Two Bunch Palms Trail, Desert Hot Springs, California 92240 (“Contracting Party”).

RECITALS
WHEREAS, on or about July 1, 2025, the City and Contracting Party entered into an Agreement to provide Pool and Water Feature Maintenance Services, Project No. 2024-24, for a total not to exceed amount of $1,248,348 for the life of the Agreement, encompassing the Initial and any One Year Extension(s). The term of the Agreement expired on June 30, 2026 (“Initial Term”); and
WHEREAS, the City and Contracting Party mutually agree to amend Section 1.1 Scope of Services and related Exhibit A of the Agreement to include additional services related to maintenance of the new pool equipment and new water feature in the children’s pool at Fritz Burns Park; and
WHEREAS, the City and Contracting Party mutually agree to amend Section 2.1 Contract Sum and related Exhibit B of the Agreement to increase the annual compensation by $29,282 per fiscal year, from $169,764 to $199,042, which is comprised of of – (a) the initial annual cost proposal of $169,764, (b) an annual increase of $28,020 for additional maintenance services at Fritz Burns Park as detailed above, and (c) a 3% negotiated annual compensation increase of $1,262 for the La Quinta Park water feature for fiscal year 2026/27, for a total not to exceed Contract Sum of $1,434,016 from $1,248,348, which includes approximately a 5% contingency, or $70,000, for the life of the agreement; and
WHEREAS, pursuant to Section 3.4 Term, the City and Contracting Party mutually agree to extend the term of the Agreement for one additional year, from July 1, 2026, through June 30, 2027 (“One-Year Extension”).

NOW THEREFORE, in consideration of the mutual covenant herein contained, the parties agree as follows:

1. Section 1.1 Scope of Services is amended to read as follows:

ATTACHMENT 1
262 CLICK HERE to Return to Agenda

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 revised “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 performing similar services under similar circumstances.

2. “Exhibit A” – Scope of Services is amended to include the additional services related to the Fritz Burns Pool and water feature as amended in Exhibit A, attached to this Amendment No. 1, and incorporated herein by this reference.

3. Section 2.1 Contract Sum is amended to read as follows:

2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contracting Party shall be compensated in accordance with revised “Exhibit B” (the “Schedule of Compensation”) attached hereto, in a total amount not to exceed OneMillion, Four-Hundred and Thirty-Four Thousand, and Sixteen Dollars ($1,434,016), for the life of the Agreement, encompassing the Initial and any Extended Terms (the “Contract Sum”), except as provided in Section 1.7.

4. “Exhibit B” – Schedule of Compensation is amended as listed in “Exhibit B,” attached hereto and incorporated herein by this reference.

5. Section 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, 2027 (“Initial Term”). This Agreement is being extended via this Amendment No. 1 for one additional year, from July 1, 2026, to June 30, 2027 (“Extended Term”). This Agreement may be extended for no more than five (5) additional 1-year terms (each, a “One-Year Extension”) upon mutual agreement by both parties and executed in writing. The Initial term and any OneYear Extension(s) are collectively referred to as the “Term” of this Agreement.

In all other respects, the original Agreement shall remain in effect. 263 CLICK HERE to Return to Agenda
IN WITNESS WHEREOF, the City and Contracting Party have executed this Amendment No. 1 to the Agreement on the respective dates set forth below.

CITY OF LA QUINTA OCEAN SPRINGS TECH., INC
a California municipal corporation
____ _______________________
JON McMILLEN, City Manager Armando Rodriguez
City of La Quinta, California President
Dated: ___________________ Dated: ______________
ATTEST:

MONIKA RADEVA, City Clerk
City of La Quinta, California
APPROVED AS TO FORM:
___
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
264 CLICK HERE to Return to Agenda
Exhibit A
Scope of Services
Maintenance services for the pool and water feature located at Fritz Burns and La Quinta Park.

POOL & WATER FEATURE MAINTENANCE: Fritz Burns Park, 78080 Frances Hack Lane.:

OSTI will disinfect and clean 1 Lap Pool, Water feature, Seven days per week. In addition, all equipment will be inspected on each scheduled visit to ensure it is in proper working condition.

Service personnel will be expected to complete, as part of maintenance, the following procedures during EACH service visit and provide our own equipment:
 Servicing a total of 1 Lap Pool, 1 Water feature, 7 times per week.  Backwash Pool(s) as necessary.
 Cleaning filter pump baskets as necessary.
 Maintain the Water feature clear of leaves, branches, algae or any slippery buildup.  Skim leaves and other foreign objects from surface and bottom of the Pool & Water feature.
 Scrub waterline tile with soap and brush to remove oils, dirt and scum at a minimum of once per week and/or whenever necessary to prevent build-up of oils, dirt or scum from the Pool(s) & Spa(s).
 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 reading for the Pool includes: Free Chlorine & PH (each visit) Combined Chlorine, Alkalinity, Calcium, Conditioner and Phosphate levels. The Chemical reading for the fountains includes: Chlorine and Acid levels.  Monitor for proper water levels.
 Maintain and complete an electronic chemical log on each visit and send to customers via email. Customers will need to print and file to be in compliance with Health Department Regulations.
 Maintain mechanical room clean of debris and free of unsafe issues.  Report any visible safety issues and/or any other equipment problem such as:
loose handrails, bad flow meters, water leaks, failing timers etc.  Service calls received after regular working hours Monday-Friday (5:00am-2:00pm) and the technician has left the premises will be attended to ASAP. A separate amount of $195.00 per call will apply for any after-hours service call made after 2:00pm on the Weekends or non-service days.

1.1 CHEMICALS
(i) Ocean Springs will utilize the following chemicals as part of the maintenance service:

MAINTENANCE
 Tile Cleaner (blue soap) to remove body oil
 Scale Off (red soap) for light calcium deposits
 Tile 300 (brown soap) for heavy calcium deposits

SANITIZER
 Liquid Chlorine
 Acid (Hydrochloric)
 Thrichlor Tabs
265 CLICK HERE to Return to Agenda

ENHANCERS
 Conditioner (Isocyanuric acid) - Slows down chlorine burn off from sunlight.  Mineral Care (blue & purple stuff) – sequestrian agent  Clarifier (coagulates particles for more efficient removal by filter)  Dissolve (sweat remover) – (enzyme needed for removal of body oils.)  Phosphate Remover (eliminates phosphate from fertilizers, rainwater, soaps, decaying vegetation and other pollutants.)

BALANCERS
 Calcium Chloride (Raise Calcium)
 Soda Ash (Sodium Carbonate)
 Chlorine Neutralizer (Sodium Thiosulphate Crystals)
 Alkalinity Up (Sodium Bicarbonate)

ALGAECIDE
 Any other type of algae not listed above (black)
 Algae Control (For most common algae such as, green,
yellow, brown, etc.) NOTE: With the exception that body of water is emptied, drained or repaired.

HEATERS
 Any heater repairs or maintenance will be discussed with the client. If the client wishes OSTI to make the repair, the charge will be $195.00 per hour & per man, plus parts. Upon direction from the client, repairs may be made immediately. If a major component is involved, a down payment will be needed before any heater repairs or complete heater replacements are made.

EXHIBIT A – CHEMICALS – All chemicals will be covered under the service contract. Chemicals are to be used as needed for the 2 bodies of water  Cal Hypo Shock Treatment (will be done monthly)
Total per month: $950.00

1.1.1. EXHIBIT B - PREVENTATIVE MAINTENANCES

CALCIUM REMOVAL
 This maintenance will be scheduled to be done weekly or as needed. This includes cleaning all the water outlets of the water toys to remove and prevent calcium buildup. Bio Dex Soap included
Total per Month $750.00
266 CLICK HERE to Return to Agenda

1.1.2. SPRAY NOZEL MAINTENANCE
 Cleaning / maintenance of all the spray nozzles and diaphragm will be scheduled to be done weekly or as needed, solenoids will be maintenance as needed to maintain proper water pressure, flow, spray height to each water toy. Bio Dex 300 Soap Included. Does not include replacement of the Solenoids.

Total per month $225.00

1.1.3. SAND MEDIA REPLACEMENT
 Sand media replacement labor is included in this contract. All sand media filters will have the sand media replaced once per year. Exhibit covers labor and material.

Sand filters are backwashed as needed.
- Lap Pool (4) TR140 Sand Filters
- Water feature (2) TR140 Sand Filters
Total per month: $1,020.00

1.1.4. DECK CLEANING
 The Pool & Water feature deck will be washed down 2 times per month.

Total per month: $1,200.00

1.1.5. BACKWASH PISTON LUBRICATION MAINTENANCE
 Lubrication of the backwash valves is scheduled to be done every 6 months.

Replacement of the piston O-rings is included.

Total per month: $126.00

1.1.6. IPS CONTROLLER MAINTENANCE
 IPS Controller maintenance/replacement of the squeeze tubes and Cleaning is scheduled to be completed Five times a year. Cleaning the sensor tips regularly is important to ensure accurate readings. Replacement of the PH/ORP Hoses will be done every 12 Months.
 Parts included are
- Valves/ Squees Tubes
- Compression Fitting
- Hoses (up to 30 feet)
Total per month: $140.00

1.1.7. IPS MONITORING
 IPS Monitoring charge will be $145.00 a month per computer and per body of water. • Review the alarm alerts and Re-calibrate accordingly. • Fix any communication/connectivity issues with units itself  This does not include internet issues or Replacement of any damaged parts.

Total per month: $145.00
(i) HEATER MAINTENANCE – (For the Industrial Heaters on the Property)  Serviced One time per year.

1. Cycle down the boiler and insulate water and gas to the boiler system.

2. Perform a tube bundle scrub on the boiler to remove the built-up dirt and soot on the tube bundle.

3. Perform a burner tray cleaning to remove the built-up dirt and soot in the burner cabinet.

4. Replace the igniters for the boiler.

5. Replace the flame sensors for the boiler.
267 CLICK HERE to Return to Agenda

6. Re-pressurize the boiler system and check for any leaks.

7. Check for Scaling. Clean out deposits over 1/16" in thickness.

8. Check Fault Codes

9. Fire heater and give visual inspection to flame.

10. Cycle on the boiler and check for proper operation.

11. Reset codes.

12. Each heater requires 3 days for full-service completion.

13. The system does not need to be turned off during maintenance.

Parts Not Included: Bypass, Thermoregulators, Burners, Refectory kits, Pilots, Ignitors & flange gaskets.

Total per month - No Parts Included: $950.00

1.1.8. EXHIBIT C – POOL COVER INSTALLATION & REMOVAL
 The Lap Pool cover will be removed and replaced during the colder months of the year Monday - Saturday Cover Removal
Total per month: $648.00

1.1.9. EXHIBIT D – CHLOR-KING UV SYSTEM MAINTENANCE
 The UV Maintenance will be done every 12 months or as needed depending on the usage.
 We will check and make sure all operating components are at manufacturer specifications.
- Wipe Down the UV chamber
- Clean Sleeves and Sensor Window
- Inspect Electrical Components
- Inspect Chamber anode
- Order Replacement Lamps & Replace Laps
- Order Replacement Sleeves (48 Months) & Replace
- Confirm AC AMP Draw
- Calibrate
Total per month: $83.00 (not including any parts)

REPAIRS
 Any other necessary repairs not mentioned above (i.e. plaster, tile, piping, electrical equipment, etc.) will be discussed with the client. If the client wishes OSTI to make the repair, the charge will be $195.00 per hour & per man, plus parts. Upon direction from the client, repairs will be made immediately. If a major component is involved, a down payment will be needed before any repairs or replacements are made.
(i) NOTE: Any major repairs/ parts/ whole goods not mentioned in this contract are additional. An estimate will be sent for approval before any work is done. Any special trade such as Electricians, mechanics, engineers, etc. are not included in this contract.
268 CLICK HERE to Return to Agenda
WATER FEATURE MAINTENANCE: La Quinta Park, 79120 Black Hawk Way  Disinfect and clean the Water feature
 Equipment inspection to be done on each scheduled visit  Clear the Water feature 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 Water feature 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 water feature.  Sand filters to be cleaned/sand replaced semi-annually, March and October.

PERFORMANCE STANDARDS
The pool and water feature 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.

1. Holidays
All Holidays are included in this contract.

2. Code Enforcement
Customer understands that OSTI will advise of any Environmental Health Department, City Building and Safety Codes or Federal law requirements pertaining to the operation of their pool or spas when possible. Fees, fines and hearings that are incurred due to failure of the customer to comply with those requirements are strictly the responsibility of the customer and not OSTI in any way. Customer understands certain situations dictate that a pool or spa be closed due to “un-safe” or “un-healthy” conditions per the guidelines of the County of Riverside Environmental Health Department. This includes such items as a light fixture has come out of its niche; a handrail has come out of its anchors, etc. In these cases, a decision must be made immediately by client or OSTI if unable to contact the client to fix or close the pool or spa. Customer understands that OSTI requests that there be only one point of contact person for any correspondence of work to be done, work authorized and payment for service rendered. In this way, we can provide efficient and better service to our customers. 269 CLICK HERE to Return to Agenda

3. Emergency Situations
Customer understands emergency situations such as feces in water require immediate attention. A separate charge of $225.00 per pool will apply every time that occurs. Pool and/or spa will require being shocked, vacuumed and to be closed as required by Riverside Environmental Health Department depending on the incident and County guidelines. Normally Pools, Spas and Fountains are vacuumed once each visit. There will be an extra charge to vacuum the same bodies of water twice on the same day. (This includes after windstorms or any inclement weather.)

4. Estimates
Customer understands that a written estimate or quote will be provided for draining water to facilitate any type of work being done on the pool, spa or fountain. A written estimate or quote will be provided for any pre-work or clean-up to facilitate another contractor’s work. This applies for any start-up procedures after any new plaster work done by OSTI or any other contractor.

5. Confidentiality
Customer understands that to keep their confidential information safe, any payments, checks, cash, Environmental Health Department Reports or Citations from City Building and Safety sent to or from OSTI must be in a sealed envelope and kept confidential during the couriering of that item to OSTI office.

6. Conflict of interest
Customer shall not show an OSTI contract to service technicians, competing contractors or any other parties to make a point or beat OSTI prices. OSTI is under no obligation to provide customer pricing/rates from their vendors unless otherwise specified under a separate agreement signed by OSTI, once agreed to only will the information be presented, and this information is not to be used to make a point, beat OSTI prices or showed to any other parties. Coordinated and approved authorization through OSTI must be obtained before allowing any contracts or pricing to be shown to anyone. Customer shall not try to recruit or solicit any of OSTI’s personnel.

7. Damages
Customer understands that vandalism or graffiti that occurs on the customer’s property from criminal parties is not OSTI’s responsibility. The customer is responsible for all clean up and any fall out monetarily, legal or otherwise incurred thereof. Customer understands OSTI is not responsible for someone else’s work, any failure of equipment or damage due to their negligence from their work performed on the equipment or any part of the pool, spa or fountain OSTIs maintenance responsibility. There are no exceptions. 270 CLICK HERE to Return to Agenda
Exhibit B
Schedule of Compensation
With the exception of compensation for Additional Services, provided for in Section

2.3 of this Agreement and Exhibit B-1 (see Section 1.7), the maximum total compensation to be paid to Contracting Party under this Agreement is a total amount not to exceed OneMillion, Four-Hundred and Thirty-Four Thousand, and Sixteen Dollars ($1,434,016) (the “Contract Sum”), for the life of the Agreement, encompassing the Initial Term and any One-Year Extension. 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 schedules, below, for the work tasks performed and properly invoiced by Contracting Party in conformance with Section 2.2 of this Agreement.

The Contract Sum shall be paid to Contracting Party, per fiscal year for the Initial Term and any One-Year Extension, in the amounts that correspond to the estimated costs per fiscal year set forth below, subject to pro-rated portion (based on the applicable fiscal year) of the $70,000 contingency amount set forth below.

Term Estimated Cost
FY 2025-26 $169,764
FY 2026-27 $199,042
FY 2027-28 $199,042
FY 2028-29 $199,042
FY 2029-30 $199,042
FY 2030-31 $199,042
FY 2031-32 $199,042
Contingency at approximately 5%
FYs 2026-27 – 2031-32 (compounded year-over-year) $70,000 Grand Total: $1,434,016
[continued on next page]
271 CLICK HERE to Return to Agenda
Contracting Party’s rates for the Services, to be paid by the City for Services actually performed by the Contracting Party for the applicable month, are set forth below.

ITEM
NO:

DESCRIPTION

FRITZ BURNS PARK
78080 FRANCES HACK LANE

MONTHLY PRICE ANNUAL PRICE
1 POOL – Service 7 Days per Week
(all months of the year
$12,975 $155,700
ITEM
NO:

DESCRIPTION

LA QUINTA PARK
79120 BLACK HAWK WAY

MONTHLY PRICE ANNUAL PRICE
2 SPLASH PAD WATER FEATURE
Service 7 Days Per Week*
$3,611.87 $43,342
3 SPLASH PAD WATER FEATURE
Service 3 Days Per Week in the
winter months
$ 772.50
*Splash pad generally is to be serviced seven (7) days per week, but service may be reduced to three (3) days per week, at a reduced monthly price, as needed with prior written notice from the Contract Officer.
******************************
272 CLICK HERE to Return to Agenda
273 CLICK HERE to Return to Agenda
274 CLICK HERE to Return to Agenda
275 CLICK HERE to Return to Agenda
276 CLICK HERE to Return to Agenda
277 CLICK HERE to Return to Agenda
278 CLICK HERE to Return to Agenda
279 CLICK HERE to Return to Agenda
280 CLICK HERE to Return to Agenda
City of La Quinta
CITY COUNCIL MEETING: June 16, 2026

STAFF REPORT
AGENDA TITLE: APPROVE AGREEMENT FOR CONTRACT SERVICES WITH DESERT LIMNOLOGISTS, INC. DBA SOUTHWEST AQUATICS FOR LAKE

MAINTENANCE SERVICES AT CIVIC CENTER CAMPUS AND SILVERROCK PARK, PROJECT NO. 2025-18; AND AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO

UTILIZE THIS VENDOR AS A SELECT SOURCE FOR ON-CALL SERVICES

RECOMMENDATION
Approve Agreement for Contract Services with Desert Limnologists, Inc. dba Southwest Aquatics, for Lake Maintenance Services at Civic Center Campus and SilverRock Park, Project No. 2025-18, and authorize the City Manager to execute the agreement; and authorize the Public Works Department to utilize this vendor as a select source for oncall services.

EXECUTIVE SUMMARY
 The City contracts lake maintenance services for city lakes located in Civic Center Campus (Campus) and SilverRock Park (SRR).
 On March 18, 2026, the City published a Request for Qualifications (RFQ) for Lake Maintenance Services, including on-call services; and received 1 proposal from Desert Limnologists, Inc. dba Southwest Aquatics (SW Aquatics), who has been servicing the City since 2019.
 Proposed is a 7-year agreement with SW Aquatics to provide lake maintenance services, effective July 1, 2026, to be executed as 1-year terms, through fiscal year (FY) 2032/33, based on satisfactory performance by the contractor.  Staff requests authority to utilize SW Aquatics as a select source throughout the duration of the agreement, for additional lake maintenance services, not included in the agreement scope of work, on an on-call as needed basis, in accordance with Council-approved additional spending authority.

FISCAL IMPACT
The proposed agreement is for an initial 1-year term, effective FY 2026/27, and may be extended for 6 additional years based on satisfactory performance by SW Aquatics, to be executed as 1-year terms, through FY 2032/33. Estimated costs for lake maintenance services 2 days per week, year-round, are not to exceed $64,440 per FY, as detailed in CONSENT CALENDAR ITEM NO. 16
281 CLICK HERE to Return to Agenda
the table below, which also includes a 5% contingency, compounded year-over-year, to be used toward negotiating future annual compensation increases driven by prevailing wage and materials costs escalation, not to exceed the lesser of 5% or the annual consumer Price Index (CPI) for Riverside, San Bernardino, and Ontario.

Term Estimated Cost
FY 2026/27 $ 64,440
FY 2027/28 $ 64,440
FY 2028/29 $ 64,440
FY 2029/30 $ 64,440
FY 2030/31 $ 64,440
FY 2032/32 $ 64,440
FY 2032/33 $ 64,440
Contingency at approximately 5%
FYs 2026/27 – 2032/33 (compounded year-over-year) $ 26,220 Grand Total: $ 477,300
Funds will be budgeted for each FY pursuant to the agreement in the following 2 accounts.

Park Fund Account FY 2026/27
Civic Center (101-3005-60117) $ 34,020
SRR (101-3005-60189) $ 30,420
Total: $ 64,440
Staff requests Council approval for additional spending authority up to $150,000, effective FY 2026/27 through FY 2032/33, to utilize SW Aquatics as a select source for additional lake maintenance services, not included in the scope of work, on an on-call as needed basis. Funds will be budgeted in FY 2026/27 pursuant to Council’s approval, and will be expended against the 2 accounts listed above. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

On-call services are not guaranteed work, however, utilizing the same contractor as a select source for extra work would ensure continuity and consistency of services. Work may generally include additional maintenance services during scheduled community events such as the La Quinta Art Celebration, containing algae bloom, responding to storm events, and debris removal in the lake(s). Further, staff will continue to seek quotes from other vendors, when applicable per the City’s Purchasing and Contracting Policy, to ensure quality of services and competitive pricing.

BACKGROUND/ANALYSIS
The City contracts for lake maintenance services for City lakes located at the Campus and SRR.
282 CLICK HERE to Return to Agenda
On March 18, 2026, the City published an RFQ for Lake Maintenance Services, including on-call services. A mandatory pre-proposal meeting was held on April 14, 2026; 3 contractors attended; and 1 proposal was submitted by SW Aquatics who has the experience and qualifications necessary to provide the required services.

The proposed agreement is for an initial 1-year term, effective July 1, 2026, and may be extended for 6 additional years, to be executed as 1-year terms, through FY 2032/33, based on satisfactory performance by the contractor. Costs are detailed under the Fiscal Impact section of this report. SW Aquatics is familiar with the existing lake equipment, offers competitive pricing and has provided the City with quality and timely services since 2019.

Staff requests Council approval for additional spending authority up to $150,000, effective FY 2026/27 through FY 2032/33, to utilize SW Aquatics as a select source for additional lake maintenance services, not included in the scope of work, on an on-call as needed basis. Funds will be budgeted in FY 2026/27 pursuant to Council’s approval, and will be expended against the 2 accounts listed above. Any unused spending authority would remain available and carryover each FY until expended or until the agreement expires, whichever occurs first.

ALTERNATIVES
Council may elect not to approve this agreement and direct staff to prepare new specifications to re-advertise for Lake Maintenance Services.

Prepared by: Dianne Hansen, Maintenance & Operations Superintendent Approved by: Tony Ulloa, Deputy Director Public Works
Attachment: 1. Agreement for Contract Services with SW Aquatics 283 CLICK HERE to Return to Agenda
Revised – Sept. 2025

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 Charter City organized under the Constitution and laws of the State of California with its principal place of business at 78495 Calle Tampico, La Quinta, California 92253, and Desert Limnologists, Inc., dba Southwest Aquatics, with a place of business at P.O. Box 13212 Palm Desert, CA. 92255 (“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 (a) the standard services related to Lake Maintenance Services – Civic Center Park and SilverRock park, Project No 2025-18, and (b) on-call services related to lake maintenance and/or repair or replacement of lake maintenance equipment, as specified in the “Scope of Services” attached hereto as “Exhibit A” and incorporated herein by this reference (the “Services”). Contracting Party represents and warrants that Contracting Party is a provider of first-class work and/or services and Contracting Party is experienced in performing the Services contemplated herein and, in light of such status and experience, Contracting Party covenants that it shall follow industry standards in performing the Services required hereunder, and that all materials, if any, will be of good quality, fit for the purpose intended. For purposes of this Agreement, the phrase “industry standards” shall mean those standards of practice recognized by one or more first-class firms performing similar services under similar circumstances.

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

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 ATTACHMENT 1
284 CLICK HERE to Return to Agenda
-2-
hereunder. Contracting Party shall be responsible for all subcontractors’ compliance with this Section.

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 through a duly executed written amendment or change order from the Contract Officer, or assigned designee, incorporating therein any adjustment in (i) the Contract Sum, in accordance with Section 2.3 of this Agreement, 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, 285 CLICK HERE to Return to Agenda
-3-
restitution, quantum meruit, or the like, for Additional Services provided without the appropriate authorization from the Contract Officer, or assigned designee.

1.9 On-Call Services. In accordance with the terms and conditions of this Agreement, Contracting Party shall perform on-call services on an as-needed basis in addition to those specified in the Scope of Services (“On-Call Services”) only when directed to do so by the Contract Officer, or assigned designee. On-Call Services may be ordered in the sole discretion of the Contract Officer, or assigned designee, and are not guaranteed. Contracting Party shall not perform any On-Call Services without receiving prior written authorization (in the form of a written “On-Call Services Authorization”) from the Contract Officer, or assigned designee, incorporating therein (i) a description of the On-Call Services to be performed, (ii) the time to perform the On-Call Services, and (iii) the related compensation, which must be within the authorized On-Call Services Compensation pursuant to Sections 2.1, 2.4, and “Exhibit B” (the “Schedule of Compensation”), of this Agreement. It is specifically understood and agreed that oral requests and/or approvals for On-Call Services shall be barred and are unenforceable.

Failure of Contracting Party to secure the Contract Officer’s, or assigned designee’s written authorization for On-Call Services shall constituted a waiver of any and all rights to On-Call Services Compensation, whether by way of compensation, restitution, quantum meruit, or the like, for On-Call Services provided without the appropriate authorization from the Contract Officer, or assigned designee.

2. COMPENSATION.

2.1 Contract Sum. For the Services rendered pursuant to this Agreement Contracting Party shall be compensated in accordance with “Exhibit B” (the “Schedule of Compensation”) in a total amount not to exceed Four Hundred and Seventy Seven Thousand and Three-Hundred Dollars ($477,300) for the Contracted Services (the “Contract Sum”) and a total amount not to exceed One-Hundred and Fifty Thousand Dollars ($150,000) for On-Call Services (the “On-Call Services Spending Authority”), 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 for Contracted Services, and the On-Call Services Spending Authority for On-Call Services, 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 286 CLICK HERE to Return to Agenda
-4-
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, the overall compensation for Services shall not exceed the amounts set forth in this Section, 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.

2.4 Compensation for On-Call Services. Compensation for On-Call Services shall not exceed the On-Call Services Rates identified in Exhibit B. The cumulative amount of On-Call Services shall not exceed the On-Call Services Spending Authority.

Increases of the On-Call Services Spending Authority or the ordering, performance, and compensation for On-Call Services which would require compensation in excess of the On-Call Services Spending Authority must be approved by the La Quinta City Council pursuant to City laws, regulations, rules and procedures concerning public contracting.

Under no circumstances shall Contracting Party receive compensation for any On-Call Services unless prior written approval for the On-Call Services is obtained from the Contract Officer, or assigned designee, pursuant to Section 1.9 of this Agreement. 287 CLICK HERE to Return to Agenda
-5-

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, 2026, and terminate on June 30, 2027 (“Initial Term”). This Agreement may be extended for six (6) additional one-year terms upon satisfactory performance and mutual agreement by both parties (“Extended Term”), and executed in writing.

4. COORDINATION OF WORK.

4.1 Representative of Contracting Party. The following principals of Contracting Party (“Principals”) are hereby designated as being the principals and representatives of Contracting Party authorized to act in its behalf with respect to the Services specified herein and make all decisions in connection therewith:
(a) Name: Chris Beaty
Telephone No.:760-568-5499
Email: [email protected]
288 CLICK HERE to Return to Agenda
-6-
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 or Dianne Hansen, Maintenance & Operations Superintendent, assigned designee may be designated in writing by the City Manager of the City. It shall be Contracting Party’s responsibility to assure that the Contract Officer, or assigned designee, is kept informed of the progress of the performance of the Services, and Contracting Party shall refer any decisions, that must be made by City to the Contract Officer, or assigned designee.

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

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

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 289 CLICK HERE to Return to Agenda
-7-
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.

5. INSURANCE.

6. INDEMNIFICATION.

7. RECORDS AND REPORTS.

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 291 CLICK HERE to Return to Agenda
-9-
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.

7.4 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.

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.

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.

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 295 CLICK HERE to Return to Agenda
-13-
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.

To City:

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

SOUTHWEST AQUATICS
Attention: Chris Beaty
President
P.O. Box 13212
Palm Desert, CA 92255

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.

10.10 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]
297 CLICK HERE to Return to Agenda
-15-
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:

SOUTHWEST AQUATICS:

By:

Name: Chris Beaty
Title: President
ATTEST:

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

Name:

Title:

APPROVED AS TO FORM:

WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
298 CLICK HERE to Return to Agenda
Exhibit A

Page 1 of 6 ends

La Quinta City CouncilJune 16, 2026

La Quinta City Council
June 16, 2026