HomeMy WebLinkAboutC34120 and C34120A Res 2015-11 and SA-RDA 046 EIR for 170-Acre ParcelCITY COUNCIL / SUCCESSOR AGENCY OF THE PALM DESERT
REDEVELOPMENT AGENCY
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C34120 IN THE AMOUNT OF $279,411
AND SET ASIDE A 10 PERCENT CONTINGENCY TO SARGENT
TOWN PLANNING OF LOS ANGELES, CALIFORNIA FOR A
PROFESSIONAL SERVICES AGREEMENT TO PREPARE A
SPECIFIC PLAN AND ENVIRONMENTAL IMPACT REPORT;
APPROPRIATE $307,352 FROM FUND 400 UNOBLIGATED
RESERVES TO A NEW CAPITAL IMPROVEMENT FUND; AND
APPROVE THE EXECUTION OF A REIMBURSEMENT AGREEMENT
BETWEEN THE CITY AND THE SUCCESSOR AGENCY FOR COSTS
ASSOCIATED WITH THE PROFESSIONAL SERVICES AGREEMENT.
(JOINT CONSIDERATION WITH THE SUCCESSOR AGENCY TO
THE PALM DESERT REDEVELOPMENT AGENCY)
SUBMITTED BY: Tony Bagato, Principal Planner
CONSULTANT: Sargent Town Planning
706 South Hill Street, Suite 1200
Los Angeles, CA 93003
DATE: February 26, 2015
CONTENTS: Contract No.C34120
Request for Proposals
Reimbursement Agreement No. C-34120A
Resolution No. 2015-11
Resolution No. SARDA 046
Recommendation
Waive further reading and adopt Resolution No. 2015-11,
1. AuthorizinEthe award of Contract No. C34120 to Sargent Town
Planning, Los Angeles, California, for planning professional services
for the preparation of a Specific Plan and Environmental Impact
Report (EIR) for the vacant 170-acre parcel of land bounded on the
south by Frank Sinatra Drive, on the west by Portola Avenue.
By Minute Motion,
2. Appropriate the necessary funds, including the contract amount
$279,411 plus a ten percent ($27,941) contingency, for Contract No.
Staff Report
170-Acre Specific Plan and EIR
February 23, 2015
Page 2 of 5
C34120 from Fund 400 Unobligated Reserves to a Capital
Improvement Fund.
Waive further reading and adopt Resolution No. SA -RDA 046,
3. Approvinb Reimbursement Agreement between the City of Palm
Desert and the Successor Agency to the Palm Desert Redevelopment
Agency, and authorize Executive Director, Mayor, and Chair to
execute same.
Fiscal Analysis
The proposed expenditures are eligible to be paid out of the Successor Agency to the Palm
Desert Redevelopment Agency's ("Successor Agency") Recognized Obligation Payment
Schedule (ROPS) for costs associated with disposition of assets. Currently, $100,000 is
eligible from the 2014/15B Department of Finance (DOF) approved ROPS, line item 190.
The remaining balance of $179,411 will need approval by DOF for the 2015/16A ROPS.
Background
On June 28, 2011, Governor Jerry Brown signed into law two (2) bills that amended
California Community Redevelopment Law in order to address the state's ongoing budget
deficit. ABx1 26 dissolved all California redevelopment agencies (RDAs) effective October
1, 2011. The legislation prevented RDAs from engaging in new activities and outlined a
process for winding down the RDA's financial affairs. It also set forth a process for
distributing funds from the former RDAs to other local taxing entities.
In response, the California Redevelopment Association, the League of California Cities and
other parties filed petitions with the California Supreme Court challenging the
constitutionality of both ABx1 26 and ABx1 27.On December 29, 2011, the California
Supreme Court upheld the constitutionality of ABX1 26, while striking down ABx1 27 as
unconstitutional. The ruling in California Redevelopment Association v. Matosantos also
extended some of the deadlines stipulated in ABx1 26 due to delays caused by the
litigation. As a result, approximately 400 RDAs were dissolved on February 1, 2012, with
the assets and liabilities transferred to Successor Agencies and Successor Housing
Agencies pursuant to ABx1 26.
On June 2, 2014, the State Department of Finance (the "DOF") approved the Successor
Agency's Long Range Property Management Plan ("LRPMP"). The LRPMP addresses the
disposition of the real property assets of the former Palm Desert Redevelopment Agency,
which have been transferred to the Successor Agency by operation of law. Listed on the
LRPMP as Property Nos. 9(a) through 9(m) is a vacant 170-acre parcel (the "Property") of
land bounded on the south by Frank Sinatra Drive, on the west by Portola Avenue, and on
the north and east by entitled, but undeveloped, residential tracts. See image on the next
page.
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Staff Report
170-Acre Specific Plan and EIR
February 23, 2015
Page 3of5
The LRPMP provides that the Successor Agency will sell the Property at appraised value
and the proceeds from the sale of the Property will be disbursed to the taxing entities.
Currently under the City's General Plan, the Property is designated for use as open space
for recreation purposes only and, as much, has little or no market value without a change in
the zoning designation under the General Plan. The Successor Agency is required to
expedite the sale of this land, and maximize the value in the interest of the taxing entities,
among whom the proceeds of the land sale are distributed. In order to accomplish a sale of
the Property as contemplated under the LRPMP, the Successor Agency is taking steps to
cause a change to the zoning designation of the Property under the General Plan.
The current General Plan, last updated in 2004, identifies a "University Park Planning Area"
that encompasses approximately 2,075 acres, including the Property identified above. The
City is currently updating its Comprehensive General Plan under contract with Raimi &
Associates of Berkeley, California. The work began in June 2014, and is scheduled to
culminate after public hearings in January 2016. Consistent with the work to date on the
update of the General Plan, Palm Desert desires to see the Property developed in a manner
\\SRV-FIL2K3\groups\Planning\Tony Bagato\Staff Reports1170-Acre Specific Plan1CCSR_170 Acre Specific Plan RFP.docx
Staff Report
170-Acre Specific Plan and EIR
February 23, 2015
Page 4 of 5
that that is supportive of the nearby university campuses and that has walkable, compact
development whose plan is driven by the long-range interests of the community.
Both goals of maximizing land value for the taxing entities, and developing the Property in a
manner that the City desires are best supported by preparation and adoption of a specific
plan. The value of the land is substantially increased by virtue of having a level of
entitlements in place, and the land uses will reflect a balanced, diverse community that is
economically sustainable through a variety of market cycles.
For these reasons, staff issued a Request for Proposals (RFP) for professional planning
services to develop a specific plan and associated Environmental Impact Report (EIR) for
the Property. The RFP was widely distributed to planning firms who have expressed interest
in doing planning work for the City of Palm Desert in the past. It was also publicly posted at
the Palm Desert City Hall. Two (2) firms submitted detailed responses to the RFP. These
responses included the history of the firm and resumes of key project personnel, details of
similar work performed, project approach, and a cost proposal.
Four (4) staff members reviewed the written proposals, and evaluated them based upon
firm experience with specific plans for walkable communities, qualifications of key team
members, project approach, cost, and location of the firm. The two (2) firms reviewed were:
• Sargent Town Planning — Los Angeles, California
• MSA Consulting, Inc. — Rancho Mirage, California
Each staff person that reviewed the two (2) firm's proposals scored Sargent Town Planning
(STP) higher than MSA Consulting, Inc. Based on the scoring criteria, STP had an average
score of 18.5 out of 22 points possible, and MSA had an average score of 15 points. The
following reasons were the biggest differences:
• Coordination with the General Plan update
• Experience with preparing specific plans for walkable communities
• Cost
For this project, STP is utilizing the same team for the specific plan that is being used on the
current General Plan update. The team members will have parallel roles for each project,
which ensures that every discipline is working on the same set of assumptions and
knowledge base for Palm Desert. STP will lead the development of the specific plan with
Matt Burris of Raimi & Associates as the primary point of contact for the City. This
communication will allow for simultaneous notification of any changes to one plan that is
affected by the other.
In addition, STP demonstrated better work experience for specific plans in other
communities that have created walkable communities that meet the goal of the University
Park Planning Area in the General Plan.
\\SRV-FIL2K3\groups\Ptannmg\Tony Sagato\StaR Reports\170-Acre Speafic P4an\CCSR_170 Acre Speafic Plan RFP.aocx
Staff Report
170-Acre Specific Plan and EIR
February 23, 2015
Page 5 of 5
As for total cost, STP's proposal is $279,411 to prepare the specific plan and EIR compared
to MSA's proposed total cost of $408,536. Staff has negotiated a professional services
agreement with STP based upon a detailed scope of services that is included in Exhibit A of
Contract No. C34120, attached. The work necessary to prepare the specific plan and EIR is
expected to be completed by January 2016, concurrent with the Comprehensive General
Plan update.
The proposed expenditures are eligible to be paid out of the Successor Agency's ROPS for
costs associated with disposition of assets. Currently, $100,000 is eligible from the
2014/15B DOF approved ROPS, line item 190. The remaining balance of $179,411 will be
need approval by DOF for the 2015/16A ROPS. In order to save money on the cost of the
Contract by working with STP concurrently on the General Plan update, staff is
recommending that the initial funds be paid by the City. The funds are available in the City's
Fund 400 Unobligated Reserve, but need to be appropriated to a new Capital Improvement
Fund for this project. The City funds will be reimbursed from the eligible and future funds in
the Successor Agency ROPS. A reimbursement agreement has been prepared, and if
approved, will allow the City to be reimbursed from the Successor Agency ROPS funds
identified above.
Environmental Review
Execution of a contract with a consultant to prepare a specific plan and EIR has no
foreseeable direct or indirect impact on the environment. As part of their services, the
consultant will prepare an EIR to analyze possible impacts that would stem from
development contemplated in the specific plan. No further analysis is needed at this time for
compliance with the California Environmental Quality Act.
Prepared by:
Tony Bagato,
Principal Planner
)hn M. Wohlmuth,
ity Manager / Executive Director
Reviewed b
artin Alvarez,
Director of Economic Development
Rudy Acosta,
Assistant City Manager
om�
aul Gibson,
Director of Finance
k%SRV-FIL2K3%groupslPianrvng\Tony BegatolSlaH ReportsMO-Acre Speafic Plan1CCSR1 70 Acre Speafic Plan RFP docx
RESOLUTION NO. 2015-11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT APPROVING THE EXECUTION OF AN AGREEMENT
REGARDING 170-ACRE SITE CONSULTANT WORK AND COSTS
BETWEEN THE SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY AND THE CITY OF PALM DESERT
RECITALS:
A. Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme
Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et
al., 53 Cal. 4th 231 (2011), the Palm Desert Redevelopment Agency (the "Former
Agency") was dissolved as of February 1, 2012, the Successor Agency was established
and the Oversight Board to the Successor Agency (the "Oversight Board") was
constituted.
B. AB 1484 (enacted in June 2012) amended and supplemented the
provisions of AB X1 26. Together, AB X1 26 and AB 1484 are referred to herein as the
"Dissolution Act."
C. Pursuant to Section 34175(b) of the California Health and Safety Code
("HSC"), all assets of the Former Agency, including that certain real property sometimes
referred to as the 170-Acre Site (the "Property") — consisting of undeveloped land in the
City bounded by Frank Sinatra Drive on the south, Portola Avenue on the west, and
College Drive on the north and east — transferred to the control of the Successor
Agency by operation of law.
D. The Property is identified as Property Nos. 9(a) through 9(m) on the
Successor Agency's Long Range Property Management Plan (the "LRPMP"). The
LRPMP has been approved by the Oversight Board and the California State
Department of Finance ("DOF"), as indicated in the DOF's related June 2, 2014
approval letter.
E. HSC Section 34191.3 provides that, after the DOF has approved the
LRPMP pursuant to HSC Section 34191.5(b), the LRPMP shall supersede all other
provisions of the Dissolution Act relating to the disposition and use of the real property
assets of the Former Agency.
F. The LRPMP provides that the Successor Agency shall sell the Property at
appraised value and the proceeds from the sale of the Property shall be disbursed to
the taxing entities in accordance with HSC Section 34191.5(c)(2)(B).
G. The Successor Agency is required to take necessary and appropriate
actions to effect a sale of the Property in a manner consistent with the LRPMP.
12812.0001 \ 1800423.1
RESOLUTION NO. 2015-11
H. Currently under the City's General Plan, the Property is designated for use
as Open Space for recreation purposes only and, as much, has little or no market value
without a change in the zoning designation under the General Plan.
I. In order to accomplish a sale of the Property as contemplated by the
LRPMP and enable the Property sale proceeds to be disbursed to the taxing entities,
the Successor Agency is taking steps to cause a change to the zoning designation of
the Property under the General Plan.
J. The zoning change process requires the engagement of one or more
consultants (the "Consultants") to, among other things, prepare proposed specific plan,
environmental review documents and related reports (collectively, the "Consultant
Work").
K. As between the City and the Successor Agency, the City has the
resources (with respect to the staffing and established procedures) to manage contracts
and otherwise coordinate with the Consultants and other third parties in connection with
the Consultant Work.
L. The Successor Agency and the City desire to enter into an Agreement
Regarding 170-Acre Site Consultant Work and Costs (the "Agreement"), substantially in
the form attached as Exhibit A, for the City to engage the Consultants for the Consultant
Work, with payment therefor to be made from the funds available to the Successor
Agency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals, and each of them, are true and
correct.
Section 2. Agreement Regarding 170-Acre Site Consultant Work and Costs.
The Agreement, in the form attached hereto as Exhibit A, is hereby approved. The
Mayor (or in the Mayor's absence, the Mayor Pro Tem) is hereby authorized to execute
and deliver, for and in the name of the City, the Agreement, in substantially such form,
with changes therein as the Mayor (or the Mayor Pro Tem, as the case may be) may
approve (such approval to be conclusively evidenced by the execution and delivery
thereof).
Section 3. Other Acts. The officers of the City are hereby authorized, jointly
and severally, to execute and deliver any and all necessary documents and
instruments and to do all things which they may deem necessary or proper to
effectuate the purposes of this Resolution and the Agreement. Any actions previously
taken by officers of the City consistent with the purposes of this Resolution and the
Agreement are hereby ratified and confirmed.
12812.0001 \ 1800423.1
RESOLUTION NO. 2015-11
PASSED, APPROVED AND ADOPTED this day of , 2015.
AYES:
NOES:
ABSENT:
MAYOR
ATTEST:
CITY CLERK
12812.0001 \ 1800423.1
Resolution No. 2015-11
EXHIBIT A
Agreement Regarding 170-Acre Site Consultant Work and Costs
(in substantial final form)
(see attached)
12812.0001 \ 1800422.1
CITY OF PALM DESERT
PROFESSIONAL CONSULTANT SERVICES AGREEMENT
CONTRACT NO. C34120
1. Parties and Date.
This Agreement is made and entered into this day of 2015,
by and between the City of Palm Desert, a municipal corporation, organized under the
laws of the State of California, with its principal place of business at 73-510 Fred Waring
Drive, Palm Desert, California, 92260 ("City") and Sargent Town Planning
("Consultant'), a California corporation, 706 South Hill Street, Suite 1200, Los Angeles,
CA 93003. City and Consultant are sometimes individually referred to herein as "Party"
and collectively as "Parties."
2. Recitals.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional planning services required by the City on the terms and conditions set forth
in this Agreement. Consultant represents that it is experienced in providing professional
planning services to public clients, is licensed in the State of California, and is familiar
with the plans of City.
2.2 Project.
City desires to engage Consultant to render such professional planning services for
the preparation of a Specific Plan and preparation of the associated Environmental
Impact Report for a vacant 170-acre parcel in Palm Desert, Contract No. C33240,
("Project') as set forth in this Agreement.
3. Terms.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the
City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional planning services required
herein for the Project ("Services") and consistent with the level of effort identified in
Exhibit "C". The Services are more particularly described in Exhibit "A" attached hereto
and incorporated herein by reference. Consultant shall exercise due professional care
to provide that all Services shall be subject to, and performed in accordance with, this
Agreement, the exhibits attached hereto and incorporated herein by reference, and all
applicable local, state and federal laws, rules and regulations.
Contract No. C34120
3.1.2 Term. The term of this Agreement shall be from the time of the State
Department of Finance approval to January, 2016, unless earlier terminated as provided
herein. Consultant shall complete the Services within the term of this Agreement, and
shall meet any other established schedules and deadlines.
3.2 Responsibilities of Consultant.
3.2.1 Independent Contractor; Control and Payment of Subordinates. The Services
shall be performed by Consultant or under its supervision. Consultant will determine the
means, methods and details of performing the Services subject to the requirements of
this Agreement. City retains Consultant on an independent contractor basis and not as
an employee. Consultant retains the right to perform similar or different services for
others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of
City and shall at all times be under Consultant's exclusive direction and control. Neither
City, nor any of its officials, officers, directors, employees or agents shall have control
over the conduct of Consultant or any of Consultant's officers, employees, or agents,
except as set forth in this Agreement. Consultant shall pay all wages, salaries, and
other amounts due such personnel in connection with their performance of Services
under this Agreement and as required by law. Consultant shall be responsible for all
reports and obligations respecting such additional personnel, including, but not limited
to: social security taxes, income tax withholding, unemployment insurance, disability
insurance, and workers' compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set
forth in Exhibit "B" attached hereto and incorporated herein by reference. Consultant
represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's
conformance with the Schedule, City shall respond to Consultant's submittals in a timely
manner.
3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant
shall be subject to the approval of City which shall not be unreasonably withheld.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain
key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that
City and Consultant cannot agree as to the substitution of key personnel, City shall be
entitled to terminate this Agreement. As discussed below, any personnel who fail or
refuse to perform the Services in a manner acceptable to the City, or who are
determined by the City to be uncooperative, incompetent, a threat to the adequate or
timely completion of the Project or a threat to the safety of persons or property, shall be
promptly removed from the Project by the Consultant at the request of the City. The key
personnel for performance of this Agreement are as follows: Mr. David Sargent,
Principal and Licensed Architect, Sargent Town Planning; Mr. Matthew Burris, AICP,
Senior Associate, Raimi + Associates; Mr. Aaron Pfannenstiel, AICP, LEED AP, PMC;
2
Contract No. C34120
Mr. Chris Gray, AICP, Senior Associate, Fehr & Peers; Mr. David E. Bergman, AICP,
Principal, MR&E; Mr. Joe Power, Principal, Rincon Consulting; and Mr. Charles Greely,
Design Engineer, Dudek.
3.2.5 City's Representative. The City hereby designates Mr. Tony Bagato, Principal
Planner, or her designee, to act as its representative in all matters pertaining to the
administration and performance of this Agreement ("City's Representative"). Consultant
shall not accept direction or orders from any person other than the City Manager, City's
Representative or his designee. City's Representative shall have the power to act on
behalf of the City for review and approval of all products submitted by Consultant but
not the authority to enlarge the Scope of Work or change the total compensation due to
Consultant under this Agreement. The Successor Agency is the only authorized body
that can approve increasing the Scope of Work or change the Consultant's total
compensation subject to the provisions contained in Section 3.3 of this Agreement.
3.2.6 Consultant's Representative. Consultant hereby designates Mr. David Sargent,
or his/her designee, to act as its representative for the performance of this Agreement
("Consultant's Representative"). Consultant's Representative shall have full authority to
represent and act on behalf of the Consultant for all purposes under this Agreement.
The Consultant's Representative shall supervise and direct the Services, using his/her
best skill and attention, and shall be responsible for all means, methods, techniques,
sequences, and procedures and for the satisfactory coordination of all portions of the
Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City staff in
the performance of Services and shall be available to City's staff, consultants and other
staff at all times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same
discipline in the State of California. Consultant represents and maintains that it is skilled
in the professional calling necessary to perform the Services. Consultant represents
that all employees and subconsultants shall have sufficient skill and experience to
perform the Services assigned to them. Finally, Consultant represents that it, its
employees and subconsultants have all licenses, permits, qualifications and approvals
of whatever nature that are legally required to perform the Services, and that such
licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall
perform, at its own cost and expense and without reimbursement from the City, any
services necessary to correct errors or omissions which are caused by the Consultant's
failure to comply with the standard of care provided for herein. Any employee of the
Consultant or its sub -consultants who is determined by the City to be uncooperative,
incompetent, a threat to the adequate or timely completion of the Project, a threat to the
safety of persons or property, or any employee who fails or refuses to perform the
Services in a manner acceptable to the City, shall be promptly removed from the Project
by the Consultant and shall not be re-employed to perform any of the Services or to
work on the Project.
3
Contract No. C34120
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner
affecting the performance of the Project or the Services, including all Cal/OSHA
requirements, and shall give all notices required by law. Consultant shall be liable for all
violations of such laws and regulations in connection with Services.
3.2.10 Insurance. Consultant shall not commence work under this Agreement until it
has provided evidence satisfactory to the City that it has secured all insurance required
under this section. In addition, Consultant shall not allow any subconsultant to
commence work on any subcontract until it has provided evidence satisfactory to the
City that the subconsultant has secured all insurance required under this section.
Without limiting Consultant's indemnification of City, and prior to commencement of
Work, Consultant shall obtain, provide and maintain at its own expense during the term
of this Agreement, policies of insurance of the type and amounts described below and in
a form satisfactory to City.
General Liability insurance: Consultant shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate,
for bodily injury, personal injury, and property damage, including without limitation,
blanket contractual liability. Defense costs shall be paid in addition to the limits. The
policy shall contain no endorsements or provisions limiting coverage for (1) cross
liability exclusion for claims or suits by one insured against another; or (2) contain any
other exclusion contrary to the Agreement.
Automobile Liability Insurance: Consultant shall maintain automobile insurance at
least as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned (if any),
hired, non -owned or rented vehicles, in an amount not less than $1,000,000 combined
single limit for each accident.
Workers' Compensation Insurance: Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with
limits of at least $1,000,000). Consultant shall submit to City, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the City of Palm Desert, its
officers, agents, employees and volunteers.
Other provisions or requirements
Insurance for Subconsultants: All Subconsultants shall be included as additional
insureds under the Consultant's policies, or the Consultant shall be responsible for
causing Subconsultants to purchase the appropriate insurance in compliance with the
terms of these Insurance Requirements, including adding the City as an Additional
Insured to the Subconsultant's policies. Consultant shall provide to City satisfactory
evidence as required under Insurance Section of this Agreement.
.19
Contract No. C34120
Proof of Insurance: Consultant shall provide certificates of insurance to City as
evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsement must
be approved by City's Risk Manager prior to commencement of performance. The
certificates and endorsements for each insurance policy shall be signed by a person
authorized by that insurer to bind coverage on its behalf. Current certification of
insurance shall be kept on file with City at all times during the term of this contract. City
reserves the right to require complete, certified copies of all required insurance policies,
at any time.
Duration of Coverage: Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the Work hereunder by
Consultant, his agents, representatives, employees or subconsultants.
City's Rights of Enforcement: In the event any policy of insurance required under this
Agreement does not comply with these specifications or is canceled and not replaced,
City may cancel this Agreement.
Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VI (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
Waiver of Subrogation: All insurance coverage maintained or procured pursuant to
this agreement shall be endorsed to waive subrogation against the City of Palm Desert,
its elected or appointed officers, agents, officials, employees and volunteers or shall
specifically allow Consultant or others providing insurance evidence in compliance with
these specifications to waive their right of recovery prior to a loss. Consultant hereby
waives its own right of recovery against the City of Palm Desert, and shall require
similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (Non Estoppel): Consultant acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Consultant of
non-compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
Primary and Non -Contributing Insurance: All insurance coverages except
Professional Liability and Workers' Compensation shall be primary and any other
insurance, deductible, or self-insurance maintained by the indemnified parties shall not
contribute with this primary insurance. Policies shall contain or be endorsed to contain
such provisions.
Requirements Not Limiting: Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
5
Contract No. C34120
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 all inclusive, or to the
exclusion of other coverage, or a waiver of any type.
Notice of Cancellation: Consultant agrees to require its insurance agent or broker and
insurers to provide to City with a thirty (30) day notice of cancellation or nonrenewal of
coverage for each required coverage and a ten (10) day notice of cancellation for non-
payment of premium.
Additional Insured Status: General liability and Automobile Liability and if applicable,
Pollution Liability, policies shall provide or be endorsed to provide that the City of Palm
Desert and its officers, officials, employees, and agents shall be additional insureds with
regard to liability and defense of suits or claims arising out of the performance of the
Agreement, under such policies. This provision shall also apply to any excess liability
policies.
City's Right to Revise Specifications: The City reserves the right at any time during
the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such
change results in substantial additional cost to the Consultant, the City and Consultant
may renegotiate Consultant's compensation.
Self -Insured Retentions: Any self -insured retentions must be declared to and
approved by City. City reserves the right to require that self -insured retentions be
eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered
to comply with these specifications unless approved by City.
Timely Notice of Claims: Consultant shall give City prompt and timely notice of claims
made or suits instituted that arise out of or result from Consultant's performance under
this Agreement, and that involve or may involve coverage under any of the required
liability policies.
Additional Insurance: Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including authorized
reimbursements, for all Services rendered under this Agreement at the rates set forth in
Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall be two hundred seventy-nine thousand four hundred and eleven
dollars ($279,411) with a 10 percent contingency for unexpected expenditures. Extra
Work may be authorized by the Successor Agency Board, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly invoice
which indicates work completed and hours of Services rendered by Consultant. The
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Contract No. C34120
invoice shall describe the amount of Services provided since the initial commencement
date, or since the start of the subsequent billing periods, as appropriate, through the
date of the invoice. City shall, within 30 days of receiving such invoice, review the
invoice and pay all non -disputed and approved charges thereon. If the City disputes any
of Consultant's fees, the City shall give written notice to Consultant within thirty (30)
days of receipt of an invoice of any disputed fees set forth therein.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless authorized in writing by City, or included in Exhibit "C" of this
Agreement.
3.3.4 Extra Work. At any time during the term of this Agreement, City may request
that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project,
but which the Parties did not reasonably anticipate would be necessary at the execution
of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work
without authorization from the Successor Agency Board.
3.3.5 Rate Increases. In the event that this contract is extended beyond the date
specified in 3.1.2, the rates set forth in Exhibit "C" may be adjusted each year at the
time of renewal in accordance with the change (increase or decrease) in the Riverside
County Consumer Price Index for the previous twelve months.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall
allow inspection of all work, data, documents, proceedings, and activities related to the
Agreement for a period of three (3) years from the date of final payment under this
Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the
whole or any part of this Agreement at any time and without cause by giving written
notice to Consultant of such termination, and specifying the effective date thereof, at
least ten (10) business days before the effective date of such termination. Prior to
termination due to cause, City will make reasonable effort to provide notice and
opportunity for Consultant to correct any default. Upon termination, Consultant shall be
compensated for those services which have been adequately rendered to City.
Consultant shall be entitled to no further compensation beyond reasonable expenses for
transfer of materials to the City. Consultant may not terminate this Agreement except for
cause. In addition, Consultant may terminate this Agreement upon giving City ten (10)
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Contract No. C34120
calendar days prior written notice for any of the following: (1) breach by City of any
material term of this Agreement, including but not limited to Payment Terms; (2)
material changes in the conditions under which this Agreement was entered into, the
Scope of Services or the nature of the Project, and the failure of the parties to reach
agreement on the compensation and schedule adjustments necessitated by such
changes; (3) suspension of the Project or the Consultant's services by City for more
than ninety (90) calendar days, consecutive or in the aggregate.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City
may require Consultant to provide all finished or unfinished Documents and Data and
other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide
such document and other information within fifteen (15) business days of the request.
Notwithstanding the foregoing, Consultant's delivery of unfinished Documents, Data and
other information prepared by Consultant shall be contingent upon Consultant's receipt
of payment in full for finished documents or, if applicable, contingent upon Consultant's
receipt of payment for services rendered up to the date of termination.
3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in
part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant: Sargent Town Planning
706 South Hill Street, Suite 1200
Los Angeles, CA 93003
Attn: Mr. David Sargent, President
City: City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
Attn: Ms. Lauri Aylaian, Director of Community Development
Such notice shall be deemed made when personally delivered or when sent via
FedEx or other service that provides document tracking. Actual notice shall be deemed
adequate notice on the date actual notice occurred, regardless of the method of service.
3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data: Licensing of Intellectual Property. This Agreement
creates a non-exclusive license for City solely and exclusively to copy, or use, designs,
and other intellectual property embodied in plans, specifications, studies, drawings,
estimates, and other documents or works of authorship fixed in any tangible medium of
expression, including but not limited to, physical drawings and data magnetically or
0
Contract No. C34120
but not limited to, physical drawings and data magnetically or otherwise recorded on
computer diskettes, which are prepared or caused to be prepared by Consultant under
this Agreement ("Documents & Data") provided that the City substantially performs its
obligations, including prompt payment to Consultant of all sums when due, under this
Agreement. If the Consultant rightfully terminates this Agreement for cause as provided
herein, the license granted shall immediately terminate. Consultant shall require all
subconsultants to agree in writing that City is granted a non-exclusive and perpetual
license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any
and all Documents & Data. Consultant makes no such representation and warranty in
regard to Documents & Data which were prepared by design professionals other than
Consultant or provided to Consultant by the City. City's use not within the purposes
intended by this Agreement shall be at City's sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans, procedures,
drawings, descriptions, computer program data, input record data, written information,
and other Documents & Data provided to Consultant in connection with the performance
of this Agreement shall be held confidential by Consultant. Such materials shall not,
without the prior written consent of City, be used by Consultant for any purposes other
than the performance of the Services. Nor shall such materials be disclosed to any
person or entity not connected with the performance of the Services or the Project.
Maintenance of confidentiality by the Consultant excludes any disclosure required for
Consultant to comply with pertinent laws. Nothing furnished to Consultant which is
otherwise known to Consultant or is generally known, or has become known, to the
related industry shall be deemed confidential. Consultant shall not use City's name or
insignia, photographs of the Project, or any publicity pertaining to the Services or the
Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City. Notwithstanding anything to
the contrary in Sections 3.5.3.2 and 3.5.3.3, Consultant shall not be restricted from
disclosing confidential information that is reasonably necessary for Consultant to
disclose to Consultant's employees or sub -consultants, if appropriate, or information in
whatever form that is in the public domain. Nor shall Consultant be restricted from
giving notices required by law or complying with an order to provide information or data
when such an order is issued by a court, administrative agency or other legitimate
authority, or if disclosure is reasonably necessary for Consultant to defend itself from
any legal action or claim.
3.5.3.3 Confidential Information. All information and documents that are provided to
the City by the Consultant are considered proprietary and not public information.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one another,
and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.6 Indemnification.
3.5.6.1 Scope of Indemnity. To the fullest extent permitted by law, Consultant shall
indemnify and hold the City, its directors, officials, officers, employees, designated
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Contract No. C34120
volunteers and agents free and harmless from any and all costs, expenses, liability,
loss, damage or to property or persons, including wrongful death, to the extent arising
out of any negligent acts, errors or omissions, or willful misconduct of Consultant, its
officials, officers, employees, subcontractors, consultants or agents in connection with
this Agreement.
To the fullest extent permitted by law, City shall defend, indemnify and hold the
Consultant, their directors, officials, officers, employees, volunteers and agents free and
harmless from any and all claims, demands, causes of action, costs, expenses, liability,
loss, damage or injury to property or persons, including wrongful death, in any manner
arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or
willful misconduct of City, its officials, officers, employees, subcontractors, consultants
or agents in connection with this Agreement.
3.5.6.2 Additional Indemnity Obligations. To the extent caused by the above,
Consultant shall reimburse City's reasonable attorney's fees and costs, including expert
witness fees as part of City's damages as determined by a court of competent
jurisdiction.
3.5.7 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing
signed by both parties.
3.5.8 Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in Riverside County.
3.5.9 Time of Essence. Time is of the essence for each and every provision of this
Agreement, however, Consultant shall not be responsible for damages arising directly
or indirectly from delays for caused by factors beyond Consultant's reasonable control.
3.5.10 City's Right to Employ Other Consultants. City reserves right to employ other
consultants in connection with this Project.
3.5.11 Successors and Assigns. This Agreement shall be binding on the successors
and assigns of the parties.
3.5.12 Assignment or Transfer. Consultant shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any
assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction; References; Captions. Any term referencing time, days or
period for performance shall be deemed calendar days and not work days. All
references to Consultant include all personnel, employees, agents, and subconsultants
of Consultant, except as otherwise specified in this Agreement. All references to City
include its elected officials, officers, employees, and designated volunteers except as
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Contract No. C34120
otherwise specified in this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference only, and do not define, limit,
augment, or describe the scope, content, or intent of this Agreement.
3.5.14 Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver of any other default
or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party
any contractual rights by custom, estoppel, or otherwise.
3.5.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries
of any right or obligation assumed by the Parties.
3.5.17 Invalidity, Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.18 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee
working solely for Consultant, to solicit or secure this Agreement. Further, Consultant
warrants that it has not paid nor has it agreed to pay any company or person, other than
a bona fide employee working solely for Consultant, any fee, commission, percentage,
brokerage fee, gift or other consideration contingent upon or resulting from the award or
making of this Agreement. For breach or violation of this warranty, City shall have the
right to rescind this Agreement without liability. For the term of this Agreement, no
member, officer or employee of City, during the term of his or her service with City, shall
have any direct interest in this Agreement, or obtain any present or anticipated material
benefit arising therefrom.
3.5.19 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subconsultant, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination.
3.5.20 Labor Certification. By its signature hereunder, Consultant certifies that it is
aware of the provisions of Section 3700 of the California Labor Code which require
every employer to be insured against liability for workers' compensation or to undertake
self-insurance in accordance with the provisions of that Code, and agrees to comply
with such provisions before commencing the performance of the Services.
3.5.21 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement.
Each Party warrants that the individuals who have signed this Agreement have the legal
power, right, and authority to make this Agreement and bind each respective Party.
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Contract No. C34120
3.5.22 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
3.6Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of the
work required by this Agreement, except as expressly stated in Consultant's proposal
dated 9 April 2014, without prior written approval of City. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF PALM DESERT
in
Susan Marie Webber
Mayor
ATTEST:
95
Rachelle D. Klassen
City Clerk
APPROVED AS TO FORM:
0
David J. Erwin, Best Best & Krieger LLP
City Attorney
SARGENT TOWN PLANNING
0
David Sargent
Principal
12
Contract No. C34120
EXHIBIT "A"
SCOPE OF SERVICES
The services required for the work described above are expected to include, but not be
limited to, the following:
a. Establish one individual who will serve as consultant's project manager and point
of contact for all services performed under contract.
b. Meet in person with staff members as needed to gather technical input and track
progress of work.
c. Prepare agendas and exhibits, and conduct meetings with staff to gather data
and information needed.
d. Produce base maps showing context and location, record information, and
location and capacities of water, sewer, and storm drain infrastructure.
e. Work with utility companies to identify necessary infrastructure improvements for
specific plan area, and develop cost estimates for this work.
Perform a market demand analysis to determine the market strength and
development potential for commercial, single-family and multi -family residential,
office professional, business park, and lodging development.
g. Work with transportation consultant on General Plan, Fehr & Peers, to collect
and study data relative to future circulation in the specific plan area and identify
specific transportation -related constraints. Perform additional traffic studies as
may be necessary to supplement the General Plan data available using the same
assumptions and models as used in the General Plan traffic study so as to be
consistent between the General Plan and Specific Plan.
h. Prepare reconnaissance -level biological and cultural resource assessments of
the specific plan area, coordinating and conducting such assessments with the
work of the specialty consultants working on the update to the General Plan.
Prepare several alternative neighborhood design concepts for the 170 acres.
Provide yield study information and conceptual circulation plans (including road
cross sections and control devices at major intersections) for each concept.
Present the alternatives to staff, and work with them to select —or refine and
select —the alternative best suited for Palm Desert.
Prepare draft specific plan, including design guidelines, development standards
(in the form a form -based code integratable into the City's zoning ordinance),
strategies for marketing the property to potential developers, a financing plan and
phasing strategies.
13
Contract No. C34120
k. Prepare draft Environmental Impact Report, Final EIR, and all supporting
documents as a necessary to comply with the requirements of the California
Environmental Quality Act, coordinating with the consulting General Plan update
environmental firm, PMC World, so as to minimize redundancies and eliminate
conflicts between the two EIRs.
I. Finalize the specific plan by circulating draft documents, evaluating and
incorporating comments received, presenting the documents and supporting staff
reports to the Architectural Review Commission, Planning Commission, and City
Council at public meetings and hearings through specific plan adoption.
OPTIONAL CONSIDERATION
If requested by the City, the Consultant will provide advisement and technical support in
preparing a Request for Qualifications and Proposals for issuance to developers in the
marketing and disposition of the 170-acre property. The cost of this optional service
shall not exceed seven thousand two hundred dollars ($7,200), and is included in the
total cost of the contract being approved by the Successor Agency Board.
AVAILABLE DOCUMENTS
The following documents are available upon request for consultants responding to the
Request for Proposals (RFP). Some of these documents are available in hard copy
upon receipt of payment for copying costs.
a. 2004 General Plan (available online at http://www.cityofpalmdesert.org)
b. Adopted 2013 Housing Element (available at http://www.cityofpalmdesert.org)
c. 2013 City of Palm Desert Economic Development Strategic Plan
d. 2014 Strategic Plan: Envision Palm Desert , Forward Together (Draft)
e. City of Palm Desert FY 2013-14 Marketing Plan
f. City of Palm Desert Template Professional Consultant Services Agreement
14
Contract No. C34120
EXHIBIT "B"
SCHEDULE OF SERVICES
Schedule
Award of Contract by Successor Agency Board
February 26, 2015
Submittal of Draft Specific Plan and EIR to City
September 2015
Adoption of Plan and EIR by City Council
January 2016
15
Contract No. C34120
EXHIBIT "C"
COMPENSATION
Compensation Summary
Labor Cost
Per Firm
Tasks
Sargent Town Planning
$135,885
Raimi + Associates
$14,032
PMC
$23,880
Fehr + Peers
$42,231
MR + E
$15,840
Rincon Consulting
$6,165
Dudek
$33,840
Optional Tasks: Sargent Town Planning - RFQ and Marketing
$ 7,200
Grand Total
$279,411
16
Contract No. C34120
EXHIBIT "C"
HOURLY BILLING RATES
FIRM & POSITION:
SARGENT TOWN PLANNING
Principal
Senior Development Planner
Senior Planner
Urban Designer/Illustrator
FEHR & PEERS
Principal
Senior Planner
Planner/Engineer
Graphics/Administration
RAIMI +ASSOCIATES
Principal
Senior Planner
M R+E
Principal
RINCON CONSULTING
Principal
Senior Associate
PMC
Project Manager
Principal Planner
Senior Planner/Facilitator
Associate Planner
Assistant Planner
DUDEK
Principal
Senior Engineer
Technical Editor
PER HOUR RATE:
$180 per hour
$175 per hour
$150 per hour
$130 per hour
$225 per hour
$130 per hour
$120 per hour
$110 per hour
$185 per hour
$150 per hour
$180 per hour
$180 per hour
$135 per hour
$165 per hour
$195 per hour
$130 per hour
$110 per hour
$90 per hour
$190 per hour
$160 per hour
$75 per hour
17
REQUEST FOR CONSULTANT PROPOSALS
FOR
PREPARATION OF A SPECIFIC PLAN AND
ENVIRONMENTAL IMPACT REPORT
FOR A VACANT 170-ACRE PARCEL IN PALM DESERT, CALIFORNIA
CONTRACT NO. C34120
Successor Agency to the Palm Desert Redevelopment Agency
Director of Community Development
73-510 Fred Waring Drive
Palm Desert, California 92260
(760) 346-0611, Extension 481
January 8, 2015
TABLE OF CONTENTS
REQUEST FOR PROPOSAL
PAGE NO.
PART 1
Introduction and Background.............................................................. 3
PART2
Scope of Work....................................................................................
4
PART 3
Scope of Services..............................................................................
5
PART 4
Available Documents..........................................................................
6
PART5
Schedule............................................................................................
6
PART 6
Proposal Contents..............................................................................
6
PART 7
Proposal Format.................................................................................
7
PART 8
Proposal Evaluation...........................................................................
8
PART 9
Insurance Requirements....................................................................
9
PART 10
Successor Agency Rights and Options.............................................12
PART11
Proposal Submittal............................................................................
13
K
REQUEST FOR CONSULTANT PROPOSALS
FOR
PREPARATION OF A SPECIFIC PLAN AND
ENVIRONMENTAL IMPACT REPORT
FOR A VACANT 170-ACRE PARCEL
CONTRACT NO. C34120
1. INTRODUCTION AND BACKGROUND
The City of Palm Desert, California, incorporated November 26, 1973, is centered in the
heart of the Coachella Valley. It is 27 square miles in area and has 49,949 permanent
residents and another 32,000 seasonal residents. Palm Desert is known as the cultural
and retail center of the desert communities.
The Successor Agency to the Palm Desert Redevelopment Agency ("Successor
Agency") is now disposing of its assets, as has been required by the 2011 passage of
AB 26X, which eliminated redevelopment agencies across the state. One such asset is
a vacant 170-acre parcel of land bounded on the south by Frank Sinatra Drive, on the
west by Portola Avenue, and on the north and east by entitled, but undeveloped,
residential tracts.
The City of Palm Desert last updated its General Plan in 2004. This General Plan
identifies a "University Park Planning Area" that encompasses approximately 2,075
acres, including the 170-acre site identified above. The City is currently updating its
Comprehensive General Plan under contract with Raimi & Associates of Berkeley,
California. The work began in June 2014 and is scheduled to culminate after public
hearings in January 2016.
Consistent with the work to date on the update of the General Plan, Palm Desert
desires to see this area developed in a manner that that is supportive of the nearby
university campuses and that has walkable, compact development whose plan is driven
by the long-range interests of the community, rather than by the instantaneous real
estate market. The Successor Agency is also obligated to maximize the value of the
land sold in the interest of the taxing entities, among whom the proceeds of the land
sale are distributed. Both of these goals are best supported by preparation and adoption
of a specific plan for the 170-acre parcel: the value of the land is substantially increased
by virtue of having a level of entitlements in place, and the land uses will reflect a
balanced, diverse community that is economically sustainable through a variety of
market cycles.
For these reasons, professional planning organizations are being invited to submit
proposals for development of a specific plan.
3
2. SCOPE OF WORK
In brief, the scope of work includes all professional services necessary for development
of a conceptual neighborhood design, specific plan, form -based code, and
Environmental Impact Report (EIR) for the land depicted below:
Coordination with General Plan update work: The successful consultant will be
expected to work closely and cooperatively with Raimi & Associates and their technical
subconsultants who are updating the City's Comprehensive General Plan. The onus will
be on the Specific Plan consultant to verify that data bases used for their work are the
same as those used for the General Plan update, and that they secure draft versions of
various portions of the General Plan and Environmental Impact Report as they become
available. If possible, the Successor Agency would like to conduct public hearings on
both the General Plan and the Specific Plan at the same time.
Community participation: The Successor Agency does not plan to use a specific plan
advisory committee for this work. The successful consultant will be expected to work
closely with staff, but not to conduct community outreach meetings beyond the public
hearings for adoption of the plan by the Planning Commission and City Council.
4
3. SCOPE OF SERVICES
The services required for the work described above are expected to include, but not be
limited to, the following:
a. Establish one individual who will serve as consultant's project manager and point
of contact for all services performed under contract.
b. Meet in person with staff members as needed to gather technical input and track
progress of work.
c. Prepare agendas and exhibits, and conduct meetings with staff to gather data
and information needed.
d. Produce base maps showing context and location, record information, and
location and capacities of water, sewer, and storm drain infrastructure.
e. Work with utility companies to identify necessary infrastructure improvements for
specific plan area, and develop cost estimates for this work.
f. Perform a market demand analysis to determine the market strength and
development potential for commercial, single-family and multi -family residential,
office professional, business park, and lodging development.
g. Work with transportation consultant on General Plan, Fehr & Peers, to collect
and study data relative to future circulation in the specific plan area and identify
specific transportation -related constraints. Perform additional traffic studies as
may be necessary to supplement the General Plan data available using the same
assumptions and models as used in the General Plan traffic study so as to be
consistent between the General Plan and Specific Plan.
h. Prepare reconnaissance -level biological and cultural resource assessments of
the specific plan area, coordinating and conducting such assessments with the
work of the specialty consultants working on the update to the General Plan.
i. Prepare several alternative neighborhood design concepts for the 170 acres.
Provide yield study information and conceptual circulation plans (including road
cross sections and control devices at major intersections) for each concept.
Present the alternatives to staff, and work with them to select —or refine and
select —the alternative best suited for Palm Desert.
j. Prepare draft specific plan, including design guidelines, development standards
(in the form a form -based code integratable into the City's zoning ordinance),
strategies for marketing the property to potential developers, a financing plan and
phasing strategies.
k. Prepare draft Environmental Impact Report, Final EIR, and all supporting
documents as a necessary to comply with the requirements of the California
Environmental Quality Act, coordinating with the consulting General Plan update
environmental firm, PMC World, so as to minimize redundancies and eliminate
conflicts between the two EIRs.
I. Finalize the specific plan by circulating draft documents, evaluating and
incorporating comments received, presenting the documents and supporting staff
reports to the Architectural Review Commission, Planning Commission, and City
Council at public meetings and hearings through specific plan adoption.
4. AVAILABLE DOCUMENTS
The following documents are available upon request for consultants responding to the
Request for Proposals (RFP). Some of these documents are available in hard copy
upon receipt of payment for copying costs.
a. 2004 General Plan (available online at http://www.cityofpalmdesert.org)
b. Adopted 2013 Housing Element (available at http://www.cityofpalmdesert.org)
c. 2013 City of Palm Desert Economic Development Strategic Plan
d. 2014 Strategic Plan: Envision Palm Desert — Forward Together (Draft)
e. City of Palm Desert FY 2013-14 Marketing Plan
f. City of Palm Desert Template Professional Consultant Services Agreement
5. SCHEDULE
A suggested schedule is presented below. If the consultant anticipates difficulties with
the proposed delivery schedule, he/she should so indicate, and should propose an
alternate schedule in the response to the RFP.
Schedule
Issue Request for Proposals
January 8, 2015
Proposals Due to Successor Agency
5:00 .m., January 23, 2015
Consultant Interviews, if necessary
Week of February 2, 2015
Award of Contract by Successor Agency Board
February 12 or 26, 2015
Submittal of Draft Specific Plan and EIR to City
September 2015
Adoption of Plan and EIR by City Council
January 2016
6. PROPOSAL CONTENTS
To demonstrate its qualifications, ability to perform the services described in this RFP,
and the cost of providing those services, the consultant shall submit four copies of a
proposal containing the following information in the format indicated below. Proposers
are asked to limit their proposals to no more than twenty (or ten double -sided) 8-1/2 X
11" pages. Ornate or elaborate bindings and promotional literature is neither required
nor desired. Incomplete proposals and proposals not organized according to this format
may be rejected. Faxed or emailed proposals will be rejected.
7. PROPOSAL FORMAT
I. Experience of the firm, including:
a. A list of three most recent similar projects by the proposed project team. If
possible, include at least one project on which all of the principal team
members, including key sub -consultants, worked together. Do not list any
projects that were performed by key team members when they were
employed by other firms. Each description shall include:
• The name of the client and a contact name, address, and telephone
number.
The scope of the consultant's involvement in the project.
• The month and year the projects were started and completed.
• The total value of the services provided.
• The key personnel involved and the sub -consultants employed.
b. Summary description of any litigation (and outcomes) within the last seven
years that the firm has been involved in concerning a general or specific plan,
or elements thereof, or the adequacy of CEQA documentation prepared by
the firm or proposed subcontractors.
c. The current size of the prime consultant firm or JV and the size variation
during the past seven years.
d. A list of any of the prime consultant's contracts terminated (partially or
completely) by clients for convenience or default within the past seven years.
Include contract value, description of work, client, contract number, and the
name and telephone of the contracting entity.
e. Any qualifications that make your firm especially well -suited for this project.
II. Outline of the Project approach, including:
A brief description of the project team's proposed technical and management
approach to the project. Include the following information:
a. A description or chart of the project team's organization.
b. A brief description or flow chart of the team's approach the work.
c. A description of how the work of the Specific Plan and its EIR will be
coordinated with the ongoing update of the Comprehensive General Plan.
7
d. Any assumptions or limitations as to the technical study scope or process. If
revisions are suggested to the proposed schedule, discuss them here.
III. Qualifications of the protect team's key personnel, including:
a. The name, position, and a brief resume of the proposed Project Manager.
Identify the name, position, and a brief resume of the person who will be the
actual key contact with Successor Agency staff.
b. The name, position, brief resume, and proposed responsibilities for all other
key personnel.
IV. Cost proposal based in the scope of work and scope of services described in this
Request for Proposals. Include:
a. Expected hours by job classification. Estimate the percentage of hours that
will be for work performed in the Coachella Valley. Include the work of all
subconsultants in this computation.
b. A current hourly rate schedule.
c. Expected budget for reimbursable expenses, if any.
d. A description of assumptions made while preparing the cost proposal and any
qualifications to that proposal.
e. Suggestions of any modifications that the Successor Agency could make to
the scope of work or scope of services that would allow the project to be
accomplished more cost effectively.
8. PROPOSAL EVALUATION
I. Consultant proposals will be evaluated based upon firm experience,
qualifications of key personnel, project approach, cost, and location of firm
(including what percentage of the work will be performed locally). Preferential
consideration will be given to firms that are located in the Coachella Valley and
that will perform the majority of the work locally.
H. The proposals will be evaluated by a committee comprising City of Palm Desert
staff and policy makers.
III. After review of the proposals, the evaluation committee may choose to interview
up to three firms. If conducted, these interviews will allow the consultant team to
make a presentation, then answer questions relative to their presentation and
their written proposal.
IV. The evaluation committee will identify the top -ranked firm and recommend to the
Successor Agency Board that a contract be awarded to that firm.
n
V. Successor Agency staff will negotiate a contract with the top -ranked firm based
upon the scope of work and scope of services described herein, and the cost
proposal submitted by the consultant, subject to such modifications in any of
these as may be necessary and appropriate to deliver a specific plan and
Environmental Impact Report that are complete, sufficient, and in the best
interests of the City of Palm Desert.
VI. In the event that the Successor Agency and the top -ranked consultant are unable
to reach a mutually satisfactory agreement for any reason, the Successor
Agency reserves the right to terminate negotiations with the top -ranked firm and
to commence negotiations with the second -ranked firm.
VI I. The Successor Agency Board will consider the recommendation of the consultant
evaluation committee and the negotiated contract, and make a decision
regarding award of the contract during a regularly scheduled meeting that is open
to the public.
9. INSURANCE REQUIREMENTS
Without limiting consultant's indemnification of Successor Agency and City of Palm
Desert, and prior to commencement of Work, consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of insurance of
the type and amounts described below and in a form satisfactory to Successor Agency.
General liability insurance: Consultant shall maintain commercial general liability
insurance with coverage at least as broad as Insurance Services Office form CG 00 01,
in an amount not less than $1,000,000 per occurrence, 2,000,000 general aggregate,
for bodily injury, personal injury, and property damage, including without limitation,
blanket contractual liability. Defense costs shall be paid in addition to the limits. The
policy shall contain no endorsements or provisions limiting coverage for (1) contractual
liability; (2) cross liability exclusion for claims or suits by one insured against another; or
(3) contain any other exclusion contrary to the Agreement.
Automobile liability insurance: Consultant shall maintain automobile insurance at least
as broad as Insurance Services Office form CA 00 01 covering bodily injury and
property damage for all activities of the Consultant arising out of or in connection with
Work to be performed under this Agreement, including coverage for any owned, hired,
non -owned or rented vehicles, in an amount not less than 1,000,000 combined single
limit for each accident.
Professional liability (errors & omissions) insurance: Consultant shall maintain
professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of $1,000,000 per claim and in the
aggregate. Any policy inception date, continuity date, or retroactive date must be before
the effective date of this agreement and consultant agrees to maintain continuous
coverage through a period no less than three years after completion of the services
required by this agreement. Covered professional services shall specifically include all
L
work to be performed under the Agreement and delete any exclusions that may
potentially affect the work to be performed (for example, any exclusions relating to lead,
asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work,
etc.). If coverage is written on a claims -made basis, the retroactive date shall precede
the effective date of the initial Agreement and continuous coverage will be maintained or
an extended reporting period will be exercised for a period of at least three (3) years
from termination or expiration of this Agreement.
Workers' Compensation Insurance: Consultant shall maintain Workers' Compensation
Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least
$1,000,000). Consultant shall submit to Successor Agency, along with the certificate of
insurance, a Waiver of Subrogation endorsement in favor of the Successor Agency to
the Palm Desert Redevelopment Agency, the City of Palm Desert, its officers, agents,
employees and volunteers.
Other provisions or requirements:
Insurance for Subconsultants: All subconsultants shall be included as additional
insureds under the consultant's policies, or the Consultant shall be responsible for
causing subconsultants to purchase the appropriate insurance in compliance with the
terms of these Insurance Requirements, including adding the Successor Agency as an
Additional Insured to the subconsultant's policies. Consultant shall provide to Successor
Agency satisfactory evidence as required under Insurance Section of this Agreement.
Proof of insurance: Consultant shall provide certificates of insurance to Successor
Agency as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation. Insurance certificates and
endorsement must be approved by Successor Agency's Risk Manager prior to
commencement of performance. The certificates and endorsements for each insurance
policy shall be signed by a person authorized by that insurer to bind coverage on its
behalf. Current certification of insurance shall be kept on file with Successor Agency at
all times during the term of this contract. Successor Agency reserves the right to require
complete, certified copies of all required insurance policies, at any time.
Duration of Coverage: Consultant shall procure and maintain for the duration of the
contract insurance against claims for injuries to persons or damages to property, which
may arise from or in connection with the performance of the work hereunder by
Consultant, his agents, representatives, employees or subconsultants.
Successor Agency's Rights of Enforcement: In the event any policy of insurance
required under this Agreement does not comply with these specifications or is canceled
and not replaced, Successor Agency has the right but not the duty to obtain the
insurance it deems necessary and any premium paid by Successor Agency will be
promptly reimbursed by consultant or Successor Agency will withhold amounts sufficient
to pay premium from consultant payments. In the alternative, Successor Agency may
cancel this Agreement.
IM
Acceptable Insurers: All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VI (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the Successor Agency's Risk
Manager.
Waiver of Subrogation: All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against the Successor Agency to the
Palm Desert Redevelopment Agency, the City of Palm Desert, its elected or appointed
officers, agents, officials, employees and volunteers or shall specifically allow consultant
or others providing insurance evidence in compliance with these specifications to waive
their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against the Successor Agency and the City of Palm Desert, and shall require similar
written express waivers and insurance clauses from each of its subconsultants.
Enforcement of Contract Provisions (non estoppel): Consultant acknowledges and
agrees that any actual or alleged failure on the part of the Successor Agency to inform
Consultant of non-compliance with any requirement imposes no additional obligations
on the Successor Agency nor does it waive any rights hereunder.
Primary and Non -Contributing Insurance: All insurance coverages shall be primary and
any other insurance, deductible, or self-insurance maintained by the indemnified parties
shall not contribute with this primary insurance. Policies shall contain or be endorsed to
contain such provisions.
Requirements not Limiting: Requirements of specific coverage features or limits
contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. 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 all inclusive, or to the
exclusion of other coverage, or a waiver of any type.
Notice of Cancellation: Consultant agrees to oblige its insurance agent or broker and
insurers to provide to Successor Agency with a thirty (30) day notice of cancellation
(except for nonpayment for which a ten (10) day notice is required) or nonrenewal of
coverage for each required coverage.
Additional Insured Status: General liability, Automobile Liability, and if applicable,
Pollution Liability, policies shall provide or be endorsed to provide that the Successor
Agency, the City of Palm Desert and its officers, officials, employees, and agents shall
be additional insureds with regard to liability and defense of suits or claims arising out of
the performance of the Agreement, under such policies. This provision shall also apply
to any excess liability policies.
Successor Agency's Right to Revise Specifications: The Successor Agency reserves
the right at any time during the term of the contract to change the amounts and types of
insurance required by giving the Consultant ninety (90) days advance written notice of
11
such change. If such change results in substantial additional cost to the consultant, the
Successor Agency and consultant may renegotiate consultant's compensation.
Self -insured Retentions: Any self -insured retentions must be declared to and approved
by Successor Agency. Successor Agency reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these specifications unless approved by Successor Agency.
Timely Notice of Claims: Consultant shall give Successor Agency prompt and timely
notice of claims made or suits instituted that arise out of or result from consultant's
performance under this Agreement, and that involve or may involve coverage under any
of the required liability policies.
Safety: Consultant shall execute and maintain its work so as to avoid injury or damage
to any person or property. In carrying out its Services, the Consultant 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, where 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 subconsultants, 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.
Additional insurance: Consultant shall also procure and maintain, at its own cost and
expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
10. SUCCESSOR AGENCY RIGHTS AND OPTIONS
This RFP does not commit the Successor Agency to the Palm Desert Redevelopment
Agency to award a contract, to pay any cost incurred with the preparation of a proposal,
or to procure or contract for services described herein. The Successor Agency reserves
the right to accept or reject any or all proposals received in response to this RFP, to
negotiate with any qualified source, or to cancel in whole or in part this process if it is in
the best interest of the Successor Agency to do so. Subsequent to negotiations,
prospective consultants may be required to submit revisions to their proposals. All
respondents should note that any contract pursuant to this solicitation is dependent
upon the recommendation of the Successor Agency Board.
The Successor Agency reserves the right to postpone selection for its own
convenience, to withdraw this RFP at any time, and to reject any and all proposals
without indicating any reason for such rejection. As a function of the RFP process, the
Successor Agency reserves the right to remedy technical errors in response to the RFP
and to modify the published scope of services and scope of work. The Successor
Agency will reserve the right to request that specific personnel with specific expertise be
12
added to the team if the Successor Agency determines that specific expertise is lacking
in the project team. Proposals submitted in response to the RFP will not be returned.
11. PROPOSAL SUBMITTAL
All proposals in response to this RFP are due no later than 5:00 p.m. on Friday,
January 23, 2015. Proposals should be delivered to: City of Palm Desert, 73-510
Fred Waring Drive, Palm Desert, CA 92260. Attention: Lauri Avlaian, Director of
Community Development. All Questions regarding this RFP shall be directed to
Lauri Avlaian, (760) 346-0611. Extension 481.
13
RESOLUTION NO. SA -RDA 046
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
APPROVING THE EXECUTION OF AN AGREEMENT REGARDING 170-
ACRE SITE CONSULTANT WORK AND COSTS BETWEEN THE
SUCCESSOR AGENCY AND THE CITY OF PALM DESERT
RECITALS:
A. Pursuant to AB X1 26 (enacted in June 2011), and the California Supreme
Court's decision in California Redevelopment Association, et al. v. Ana Matosantos, et
al., 53 Cal. 4th 231 (2011), the Palm Desert Redevelopment Agency (the "Former
Agency") was dissolved as of February 1, 2012, the Successor Agency was established
and the Oversight Board to the Successor Agency (the "Oversight Board") was
constituted.
B. AB 1484 (enacted in June 2012) amended and supplemented the
provisions of AB X1 26. Together, AB X1 26 and AB 1484 are referred to herein as the
"Dissolution Act."
C. Pursuant to Section 34175(b) of the California Health and Safety Code
("HSC"), all assets of the Former Agency, including that certain real property sometimes
referred to as the 170-Acre Site (the "Property") — consisting of undeveloped land in the
City bounded by Frank Sinatra Drive on the south, Portola Avenue on the west, and
College Drive on the north and east — transferred to the control of the Successor
Agency by operation of law.
D. The Property is identified as Property Nos. 9(a) through 9(m) on the
Successor Agency's Long Range Property Management Plan (the "LRPMP"). The
LRPMP has been approved by the Oversight Board and the California State
Department of Finance ("DOF"), as indicated in the DOF's related June 2, 2014
approval letter.
E. HSC Section 34191.3 provides that, after the DOF has approved the
LRPMP pursuant to HSC Section 34191.5(b), the LRPMP shall supersede all other
provisions of the Dissolution Act relating to the disposition and use of the real property
assets of the Former Agency.
F. The LRPMP provides that the Successor Agency shall sell the Property at
appraised value and the proceeds from the sale of the Property shall be disbursed to
the taxing entities in accordance with HSC Section 34191.5(c)(2)(B).
G. The Successor Agency is required to take necessary and appropriate
actions to effect a sale of the Property in a manner consistent with the LRPMP.
12812.0001 \ 1800421.1
RESOLUTION NO. SA -RDA 046
H. Currently under the City's General Plan, the Property is designated for use
as Open Space for recreation purposes only and, as much, has little or no market value
without a change in the zoning designation under the General Plan.
I. In order to accomplish a sale of the Property as contemplated by the
LRPMP and enable the Property sale proceeds to be disbursed to the taxing entities,
the Successor Agency is taking steps to cause a change to the zoning designation of
the Property under the General Plan.
J. The zoning change process requires the engagement of one or more
consultants (the "Consultants") to, among other things, prepare proposed specific plan,
environmental review documents and related reports (collectively, the "Consultant
Work").
K. As between the City and the Successor Agency, the City has the
resources (with respect to the staffing and established procedures) to manage contracts
and otherwise coordinate with the Consultants and other third parties in connection with
the Consultant Work.
L. The Successor Agency and the City desire to enter into an Agreement
Regarding 170-Acre Site Consultant Work and Costs (the "Agreement"), substantially in
the form attached as Exhibit A, for the City to engage the Consultants for the Consultant
Work, with payment therefor to be made from the funds available to the Successor
Agency.
M. Pursuant to HSC Sections 34178(a) and 34180(h), the Successor Agency
may enter into agreements with the City with the Oversight Board's approval.
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY DOES HEREBY
RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. Recitals. The above recitals, and each of them, are true and
correct.
Section 2. Agreement Regarding 170-Acre Site Consultant Work and Costs.
The Agreement, in the form attached hereto as Exhibit A, is hereby approved. Upon
the DOF's approval (or deemed approval) of the Oversight Board's resolution
approving the Successor Agency's execution and delivery of the Agreement, each of
the Chair of this Board, the Vice Chair of this Board and the Executive Director of the
Successor Agency (each, an Authorized Officer"), individually, is hereby authorized to
execute and deliver, for and in the name of the Successor Agency, the Agreement, in
substantially such form, with changes therein as the Authorized Officer executing the
same may approve (such approval to be conclusively evidenced by the execution and
delivery thereof).
12812.0001 \ 1800421.1
RESOLUTION NO. SA -RDA 046
Section 3. Request for Oversight Board Approval. The Oversight Board is
hereby requested to approve the Successor Agency's execution and delivery of the
Agreement. The Secretary of the Successor Agency is hereby directed to transmit this
Resolution to the Oversight Board for consideration at the earliest possible date.
Section 4. Other Acts. The Authorized Officers and all other officers of the
Successor Agency are hereby authorized, jointly and severally, to execute and deliver
any and all necessary documents and instruments and to do all things which they may
deem necessary or proper to effectuate the purposes of this Resolution and the
Agreement.
PASSED, APPROVED AND ADOPTED this day of , 2015.
AYES:
NOES:
ABSENT:
I_\II_\IhNI
Susan Marie Weber, Chair
ATTEST:
RACHELLE D. KLASSEN, SECRETARY
SUCCESSOR AGENCY TO THE PALM DESERT
REDEVELOPMENT AGENCY
12812.0001 \ 1800421.1
EXHIBIT A
Agreement Regarding 170-Acre Site Consultant Work and Costs
(in substantial final form)
(see attached)
12812.0001 \ 1800421.1
Contract No. C34120A
AGREEMENT
REGARDING 170-ACRE SITE CONSULTANT WORK AND COSTS
This AGREEMENT REGARDING 170-ACRE SITE CONSULTANT WORK AND
COSTS (this "Agreement"), dated as of , 2015, is entered into by and between the
Successor Agency to the Palm Desert Redevelopment Agency (the "Successor Agency") and the
City of Palm Desert (the "City", and together with the Successor Agency, the "Parties").
RECITALS:
A. Pursuant to AB X 1 26 (enacted in June 2011), and the California Supreme Court's
decision in California Redevelopment Association, et al. v. Ana Matosantos, et al., 53 Cal. 4th
231 (2011), the Palm Desert Redevelopment Agency (the "Former Agency'') was dissolved as of
February 1, 2012, the Successor Agency was established and the Oversight Board to the
Successor Agency (the "Oversight Board") was constituted.
B. AB 1484 (enacted in June 2012) amended and supplemented the provisions of AB
X1 26. Together, AB X1 26 and AB 1484 are referred to herein as the "Dissolution Act."
C. Pursuant to Section 34175(b) of the California Health and Safety Code ("HSC"),
all assets of the Former Agency, including that certain real property sometimes referred to as the
170-Acre Site (the "Property") — consisting of undeveloped land in the City bounded by Frank
Sinatra Drive on the south, Portola Avenue on the west, and College Drive on the north and east
— transferred to the control of the Successor Agency by operation of law.
D. The Property is identified as Property Nos. 9(a) through 9(m) on the Successor
Agency's Long Range Property Management Plan (the "LRPMP"). The LRPMP has been
approved by the Oversight Board and the California State Department of Finance ("DOF"), as
indicated in the DOF's related June 2, 2014 approval letter.
E. HSC Section 34191.3 provides that, after the DOF has approved the LRPMP
pursuant to HSC Section 34191.5(b), the LRPMP shall supersede all other provisions of the
Dissolution Act relating to the disposition and use of the real property assets of the Former
Agency.
F. The LRPMP provides that the Successor Agency shall sell the Property at
appraised value and the proceeds from the sale of the Property shall be disbursed to the taxing
entities in accordance with HSC Section 34191.5(c)(2)(B).
G. The Successor Agency is required to take necessary and appropriate actions to
effect a sale of the Property in a mariner consistent with the LRPMP.
1-1. Currently under the City's General Plan, the Property is designated for use as
Open Space for recreation purposes only and, as much, has little or no market value without a
change in the zoning designation under the General Plan.
12812 0001\1900420 1
Contract No. C34120A
I. In order to accomplish a sale of the Property as contemplated by the LRPMP and
enable the Property sale proceeds to be disbursed to the taxing entities, the Successor Agency is
taking steps to cause a change to the zoning designation of the Property under the General Plan.
J. The zoning change process requires the engagement of one or more consultants
(the "Consultants") to, among other things, prepare proposed specific plan, environmental review
documents and related reports (collectively, the "Consultant Work").
K. As between the City and the Successor Agency, the City has the resources (with
respect to the staffing and established procedures) to manage contracts and otherwise coordinate
with the Consultants and other third parties in connection with the Consultant Work.
L. The Successor Agency and the City desire to enter into this Agreement, for the
City to engage the Consultants for the Consultant Work, with payment therefor to be made from
the funds available to the Successor Agency.
M. Based on current estimates, the total Consultant Work costs (including an
approximately ten percent contingency amount) will not exceed $310,000.
N. Pursuant to I-ISC Section 34177(1), the Successor Agency is required to prepare a
Recognized Obligation Payment Schedule ("ROPS"), listing the Successor Agency's enforceable
obligations and the related estimated dollar amounts to be paid by the Successor Agency for each
six month fiscal period (commencing January 1 and July 1, respectively) (each, a "ROPS
Period"), and submit each Oversight Board -approved ROPS to the DOF for approval.
O. The Successor Agency previously prepared a ROPS ("ROPS 14-1513") for
anticipated payments covering the period from January 1, 2015 through June 30, 2015 (the
"ROPS 14-15B Period"), and a ROPS ("ROPS 15-16A") for anticipated payments covering the
period from July 1, 2015 through December 31, 2015 (the "ROPS 15-16A Period").
P. Item No. 190 on BOPS 14-15B, as approved by the DOF, is $100.000 for costs
associated with the disposition of assets. Item No. 190 is intended to include the costs such as
those for the Consultant Work. As indicated on ROPS 14-15A, Item No. 190 is to be paid from
moneys disbursed by the County Auditor -Controller from the Redevelopment Property Tax Trust
Fund (the "RPTTF") on January 2, 2015 for BOPS 14-15B Period (the "ROPS 14-15B RPTTF
Disbursement").
Q. Item No. on ROPS 15-16A, as approved by the DOF, is [$ ] for the
costs of Consultant Work expected to become payable during the BOPS 15-16A Period (the
"ROPS 15-16A Estimate"). As indicated on ROPS 15-16A, Item No. will be paid from
moneys disbursed by the County Auditor -Controller from the RPTTF on June 1, 2015 for ROPS
15-16A Period (the "ROPS 15-16A RPTTF Disbursement").
R. Pursuant to HSC Sections 34178(a) and 34180(h), the Successor Agency may
enter into agreements with the City with the Oversight Board's approval.
-2-
12812 0001\1800420.1
Contract No. C34120A
S. The Oversight Board adopted its Resolution No. on , 2015
(the "Oversight Board Resolution"), approving the Successor Agency's execution and delivery
of this Agreement.
1'. The Oversight Board Resolution was [approved] [deemed approved] by the DOF
pursuant to HSC Section 34179(h) on 12015.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOWS:
Section 1. Subject to the provisions of this Agreement and with the funding provided
pursuant to this Agreement, the City agrees to engage one or more Consultants to perform the
Consultant Work. The City shall require the Consultants to perform the Consultant Work in
accordance with applicable local, state and federal laws, rules and regulations. Subject to the
provisions set forth herein, the City shall have the sole discretion with respect to the selection of
each Consultant, and the scope, manner and timing of the work under and all other terms of the
respective contracts with the Consultants (the "Consultant Contracts").
Section 2. As soon as practical upon the execution of this Agreement by the Parties
(and in any case upon the demand of the City before the end of ROPS 14-15B Period), the
Successor Agency shall transfer to the City $ from the portion of the ROPS 14-15B
RPTTF Disbursement allocable to Item 190. Such amount transferred pursuant to this Section 2
is the dollar amount estimated to become payable to the Consultants under the Consultant
Contracts during the ROPS 14-15B Period.
Section 3. At the commencement of the ROPS 15-16A Period, the Successor Agency
shall transfer to the City the amount of the ROPS 15-16A Estimate, subject to the availability
thereof based on the ROPS 15-16A RPTTF Disbursement.
Section 4. At any time, if the City determines that the amount previously transferred
by the Successor Agency pursuant to this Agreement is insufficient to make payments under the
Consultant Contracts for the completion of the Consultant Work, the City's Finance Director
shall notify the Successor Agency, specifying the estimated dollar amount that will become
payable through the end of the immediately next BOPS Period (the "Additional Costs"). The
Successor Agency shall list the appropriate Additional Costs on the ROPS for the next available
ROPS Period. Subject to the Oversight Board's and the DOF's approvals (and any modification)
of such ROPS item(s), the Successor Agency shall transfer or caused to be transferred to the City
the Additional Costs as soon as practicable upon the commencement of the applicable ROPS
Period.
Section 5. Before each transfer of moneys by the Successor Agency pursuant to this
Agreement, the City may, but is not obligated to, advance funds from sources available to City to
make payments required by the Consultant Contracts (each such advance being a "City
Advance"); provided that no City Advance shall cause the aggregate dollar amount transferred to
the City under this Agreement to exceed $310,000 without prior Oversight Board approval. Any
such City Advance made pursuant to this Agreement shall constitute a loan under MSC Section
34173(h) and the repayment of the City Advance pursuant to this Agreement shall constitute an
enforceable obligation of the Successor Agency. Any amount transferred by the Successor
-3-
12812 0001\1800420 1
Contract No. C34120A
Agency pursuant to this Agreement shall first be used to reimburse the City for outstanding City
Advances, and then to pay for other expenditures of the Consultant Work.
Section 6. The Parties agree that the City's obligation with respect to the engagement
of the Consultants for the performance of the Consultant Work under this Agreement shall be
limited to the extent that funding therefor is available from the Successor Agency pursuant to
this Agreement.
Section 7. To the extent the City still holds moneys (the "Excess") transferred by the
Successor Agency pursuant to this Agreement after the payment in full of the amounts due to the
Consultants under the respective Consultant Contracts (including the reimbursement to City
Advances therefor), the City shall return such Excess to the Successor Agency within a
reasonable time.
Section 8. The City shall maintain records of the use of moneys transferred
hereunder for the payments under the Consultant Contracts, the advances made by the City for
payments under the Consultant Contracts and all of the receipts of repayments made by the
Successor Agency pursuant to this Agreement. Such records shall be available for inspection by
the Successor Agency at all reasonable times.
Section 9. As between the Successor Agency and the City, the Successor Agency's
obligation to pay for the costs to complete the Consultant Work incurred under the respective
Consultant Contracts (including the reimbursement to the City for all City Advances) under this
Agreement shall survive the Successor Agency's disposition of the Property and shall terminate
only when the payment of such costs (including the reimbursement to the City for all City
Advances) has been made in full by the Successor Agency.
Section 10. The Parties agree to take all appropriate steps and execute any documents
which may reasonably be necessary or convenient to implement the intent of this Agreement.
Section 11. This Agreement may be amended at any time, and from time to time, by
an agreement executed by both parties to this Agreement in writing.
Section 12. If any provision of this Agreement or application thereof to any person or
circumstance is held invalid, such invalidity shall not affect other provisions or applications of
this Agreement which can be given effect without the invalid provision or application, and to this
end the provisions of this Agreement are severable.
Section 13. No official, agent, or employee of the Successor Agency or the City, or
members of the City Council, or members of the Successor Agency Board of Directors or
Oversight Board shall be individually or personally liable for any payment hereunder in the event
of any default or breach by the Parties, or for any amount which may otherwise become due
under the terms of this Agreement.
Section 14. This Agreement is made in the State of California under the Constitution
and laws of the State of California, and is to be so construed.
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Contract No. C34120A
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by
their duly authorized officers.
SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY
am
Attest:
Secretary
Executive Director
CITY OF PALM DESERT
Attest:
City Clerk
APPROVED:
OVERSIGHT BOARD OF THE
SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY
By Date:
Chair
Mayor
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