Loading...
HomeMy WebLinkAbout00 Agenda packet 2022-06-09CITY OF PALM DESERT PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (VIRTUAL MEETING) REGULAR MEETING AGENDA Thursday, June 9, 2022 2:00 p.m. Study Session 3:00 p.m. Closed Session 4:00 p.m. Regular Session Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference, and there will be no in-person access to the meeting location. WATCH THE MEETING LIVE: Watch the City Council meeting live at the City’s website www.cityofpalmdesert.org, under the “Council Agenda” link at the top of the homepage, or on the City’s YouTube Channel. OPTIONS FOR PARTICIPATING IN THIS MEETING: To participate by email, internet, or phone, please see the detailed instructions on the last page of this agenda. AGENDA Thursday, June 9, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 2 of 9 CLOSED SESSION: 3:00 P.M. CALL TO ORDER PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY: This time has been set aside for members of the public to address the City Council on items contained only on the Closed Session Agenda within the three-minute time limit. Speakers may utilize one of the three options listed on the last page of this agenda. RECESS TO CLOSED SESSION CLOSED SESSION AGENDA A.Closed Session Meeting Minutes: May 26, 2022 B.Conference with Legal Counsel regarding Significant Exposure to Litigation pursuant to Government Code Section 54956.9(d)(2): Two (2) matters that, under the existing circumstances, the City Attorney believes create significant exposure to litigation. C.Conference with Labor Negotiators pursuant to Government Code Section 54957.6: City Negotiator(s): L. Todd Hileman, City Manager Employee Organization: Palm Desert Employee Organization 4:00 P.M. REGULAR MEETING ROLL CALL PLEDGE OF ALLEGIANCE: Mayor Pro Tem Jonathan INSPIRATION/INVOCATION: Councilmember Kelly REPORT OF CLOSED SESSION: City Attorney Hargreaves AWARDS, PRESENTATIONS, AND APPOINTMENTS: A.Proclamation in Recognition of Purple Heart City ................................................ Page 11 B.Presentation by Lifestream relative to blood donations and the upcoming Nine Cities Challenge CITY MANAGER COMMENTS MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Page 2 of 658 AGENDA Thursday, June 9, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 3 of 9 NON­AGENDA PUBLIC COMMENTS: This time has been set aside for the public to address the City Council on issues that are not on the agenda for up to three minutes. Speakers may utilize one of the three options listed on the last page of the agenda. The Brown Act does not allow the City Council to act on items not listed on the agenda. Members may briefly respond or refer the matter to staff for a report and recommendation at a future meeting. 1.CONSENT CALENDAR: All matters listed on the Consent Calendar are considered routine and may be approved by one motion. The public may comment on any items on the Consent Agenda within the three-minute time limit. Individual items may be removed by the City Council for a separate discussion. A.APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MINUTES ....................................................................................... Page 13 RECOMMENDATION: Approve the Minutes of May 12, 2022. B.APPROVAL OF WARRANTS ............................................................................. Page 25 RECOMMENDATION: Approve the warrants issued for the period 05/13/2022 to 05/27/2022. C.APPROVAL OF FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING ............................................................................................................................. Page 71 RECOMMENDATION: Make findings that the State of California continues in a Governor- declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and that the City may continue to employ remote teleconferencing. D.APPLICATIONS FOR AN ALCOHOLIC BEVERAGE LICENSE FOR: .............. Page 73 1.RUBERRY SALSA, 73030 EL PASEO SUITE 103 2.TRAVEL TRADERS HOTEL STORES INC, 75 WILLOW RIDGE, SUITE 101 RECOMMENDATION: Receive and file. E.APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C41340 WITH DOKKEN ENGINEERING OF SAN DIEGO, CALIFORNIA, IN THE AMOUNT OF $199,800 FOR BRIDGE MAINTENANCE PROGRAM (PROJECT NO. 759­21) ........................ Page 79 RECOMMENDATION: 1.Approve Amendment No. 1 to Contract No. C41340 with Dokken Engineering of San Diego, California in the amount of $199,800. 2.Authorize the City Manager or designee to execute the amendment and to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. Page 3 of 658 AGENDA Thursday, June 9, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 4 of 9 F.AWARD CONTRACT TO RECREATION BRANDS SOUTHERN CALIFORNIA FOR THE CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS IMPROVEMENTS PROJECT, IN THE AMOUNT OF $207,954.25 (PROJECT NO. 718­22). .......... Page 91 RECOMMENDATION: 1.Award a Contract to Recreation Brands of Southern California of Escondido, California, in the amount of $207,954.25 for the Civic Center Park Fitness, Shade & Furnishings Improvements Project (Project No. 718-22). 2.Authorize the Director of Finance to set aside a 10% contingency in the amount of $20,795. 3.Authorize the City Manager or his designee to review and execute change orders up to the contingency amount for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1335. 4.Authorize the Mayor to execute the subject agreement. G.RESOLUTION TO AUTHORIZE THE DESTRUCTION OF PAPER RECORDS THAT HAVE BEEN DIGITALLY IMAGED FROM THE DEVELOPMENT SERVICES DEPARTMENT (PLANNING/LAND DEVELOPMENT DIVISION), TO RELY ON THE ELECTRONIC RECORD AS THE OFFICIAL RECORD ................................... Page 193 RECOMMENDATION: Waive further reading and adopt the resolution to authorize the destruction of paper records that have been digitally imaged from the Development Services Department (Planning/Land Development Division), to rely on the electronic record as the official record. H.AWARD CONTRACT TO FLOCK SAFETY FOR A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM ........................................ Page 199 RECOMMENDATION: 1.Award contract to Flock Safety, in substantial form, for a fixed location Automated License Plate Recognition (ALPR) system in the amount of $140,050 in the first year and $126,000 each year thereafter, subject to annual budget appropriation. 2.Authorize the City Manager or designee to negotiate, finalize and execute a contract with Flock Safety. I.SUBMISSION OF A LETTER OF OPPOSITION FOR ASSEMBLY BILL 2011 REGARDING AFFORDABLE HOUSING AND HIGH ROAD JOBS ACT OF 2022 .......... ........................................................................................................................... Page 309 RECOMMENDATION: Approve the submission of a letter of opposition for Assembly Bill 2011 regarding Affordable Housing and High Road Jobs Act of 2022. Page 4 of 658 AGENDA Thursday, June 9, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 5 of 9 J.STREAMLINE THE USE OF VENDORS FOR THE DESERT WILLOW GOLF RESORT BY GRANTING AN EXCEPTION TO THE BIDDING REQUIREMENTS AND APPROVE THE OPERATING EXPENSE VENDORS LIST FOR FISCAL YEAR 2022/23. ............... ........................................................................................................................... Page 341 RECOMMENDATION: 1.Grant an exception to the bidding requirements, as provided for by Section 3.30.160 (K) of the Municipal Code, not to exceed $50,000 for any one vendor during Fiscal Year (FY) 2022/23. 2.Approve the Desert Willow Golf Resort’s Operating Expense Vendors List. K.PURCHASE OF GOLF COURSE IRRIGATION SUPPLIES FROM HIGH TECH IRRIGATION, INC., OF INDIO, CALIFORNIA. .................................................. Page 349 RECOMMENDATION: 1.Grant an exception to the bidding requirements, as provided for by Section 3.30.160(J) of the Municipal Code. 2.Authorize the City Manager or his designee to purchase Rain Bird golf course irrigation supplies from High Tech Irrigation, Inc., of Indio, California, for Fiscal Year 2022/23, in an annual amount not to exceed $80,000. L.APPROVE AN AMENDMENT TO CONTRACT NO. HA38940 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES AT THE PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $75,000 (HA). .................................................................................... Page 353 RECOMMENDATION: 1.Approve the Amendment (“Amendment”) to Contract No. HA38940 with Garland/DBS, Inc., for roof repairs and related services (includes costs for roof repairs, permit fees for those repairs that may require one and other repair related costs) at the Palm Desert Housing Authority properties (“Properties”), effective July 1, 2022, for a two- year term under the Omnia Partners Contract No. PW-1925 pursuant to Section 3.30.160 (E) and (L) of the City of Palm Desert Municipal Code in a total annual amount not to exceed $75,000. 2.Confirm participation with the Omnia Partners (“Omnia”). 3.Authorize the Chairman and/or the Executive Director to execute the Amendment and any documents necessary to effectuate and implement the actions taken herewith. M.ADOPT A RESOLUTION AMENDING AND RESTATING THE BYLAWS FOR THE PALM DESERT HOUSING COMMISSION (HA)............................................... Page 371 RECOMMENDATION: Waive further reading and adopt a Resolution amending and restating the Bylaws for the Palm Desert Housing Commission (“Bylaws”) which adopts the second Wednesday of the month as a regular meeting date. Page 5 of 658 AGENDA Thursday, June 9, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 6 of 9 N.ADOPT A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING FISCAL YEAR 2022­2023 (HA). ................................................................................................................. Page 377 RECOMMENDATION: Waive further reading and adopt a Resolution establishing dates for regular meetings of the Palm Desert Housing Commission during the fiscal year 2022- 2023. CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate discussion are considered at this time. 2.ACTION CALENDAR: The public may comment on individual Action Items within the three- minute time limit. Speakers may utilize one of the three options listed on the last page of the agenda. A.AWARD A CONTRACT FOR JANITORIAL SERVICES AT CITY­OWNED FACILITIES TO MERCHANTS BUILDING MAINTENANCE, LLC., OF POMONA, CALIFORNIA, FOR THE ANNUAL AMOUNT OF $436,743.97 (PROJECT NO. 771­23) ........ Page 383 RECOMMENDATION: 1.Award a five-year contract, for Janitorial Service at City-Owned Facilities to Merchants Building Maintenance, LLC., of Pomona, California, for the annual amount of $436,743.97 (Project No. 771-23). 2.Authorize extra services for unforeseen circumstances in the annual amount of $10,000. 3.Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4.Authorize the City Manager to execute the subject contract. B.APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C41380 WITH KIMLEY­HORN AND ASSOCIATES, INC., OF INDIAN WELLS, CALIFORNIA, IN THE AMOUNT OF $350,000 FOR TRAFFIC OPERATIONS AND CAPACITY IMPROVEMENTS (PROJECT NO. 553­20). ................................................................................... Page 441 RECOMMENDATION: 1.Approve Amendment No. 1 to Contract No. C41380 with Kimley-Horn and Associates, Inc., of Indian Wells, California, for additional traffic engineering and design services in an amount not to exceed $350,000. 2.Authorize the City Manager or designee to execute the amendment and to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. Page 6 of 658 AGENDA Thursday, June 9, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 7 of 9 C. APRROVE AGREEMENT BETWEEN THE CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, LLC., AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION FOR THE MANAGEMENT, OPERATIONS, AND MAINTENANCE OF THE DESERT WILLOW GOLF RESORT. ....................... Page 457 RECOMMENDATION: 1. Approve Agreement between the City of Palm Desert, Kemper Sports Management, LLC., (“Kemper”) and the Palm Desert Recreational Facilities Corporation for the management, operations, and maintenance of the Desert Willow Golf Resort, in substantial form. 2. Authorize the Mayor to execute the Agreement and any documents necessary to effectuate and implement the actions taken herewith. D. REQUEST TO EXTEND THE TEMPORARY USE PERMITS FOR DINING DECKS THAT COMPLY WITH THE ADOPTED DINING DECK DESIGN GUIDELINES WITHIN THE CITY OF PALM DESERT THROUGH JUNE 30, 2024. ............................ Page 527 RECOMMENDATION: Direct staff to extend the Temporary Use Permits (TUPs) for the outdoor dining decks for an additional two years through June 30, 2024, for those restaurants who comply as of June 30, 2022. E.DISPOSITION OF PROPERTIES IDENTIFIED IN THE CITY’S CENTRAL INVENTORY OF THE SURPLUS LAND ACT. ....................................................................... Page 571 RECOMMENDATION: Approve staff’s recommendation for a work plan related to the disposition of properties identified in the City’s Central Inventory of the Surplus Land Act. F.APPROVE PURCHASE OF 160,000 POUNDS OF GRASS SEED FROM THE LOWEST RESPONSIBLE BIDDER FOR FISCAL YEAR 2022/23 (PROJECT NO. 921­23). ......... ........................................................................................................................... Page 577 RECOMMENDATION: 1.Authorize the City Manager to approve the purchase of 160,000 pounds of grass seed from the lowest responsible bidder for Fiscal Year 2022/23 (Project No.921-23). 2.Authorize the City Manager to execute the agreement. G.APPROVE AGREEMENT BETWEEN CHILDREN’S DISCOVERY MUSEUM OF THE DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF THE REOPENING AND REIMAGINATION PLAN. .................................................. Page 579 RECOMMENDATION: 1.Authorize the Mayor to execute an agreement between the Children’s Discovery Museum of the Desert (“CDMOD”) and the City of Palm Desert relative to funding the reopening and reimagination plan of the Museum. 2.Approve $150,000 payment in the 2022/23 fiscal year to fund this agreement. This amount has been included in the revised 2022/23 Financial Plan. Page 7 of 658 AGENDA Thursday, June 9, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 8 of 9 3.PUBLIC HEARINGS: The public may comment on individual Public Hearing Items within the three-minute time limit. The applicant or appellant will be provided up to five minutes to make their presentation. Speakers may utilize one of the three options listed on the last page of this agenda. A.ADOPT RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE TO COLLECT THE SOLID WASTE CHARGES FOR INDIVIDUALLY BILLED RESIDENCES ON THE TAX ASSESSOR’S PROPERTY TAX ROLL FOR FISCAL YEAR (FY) 2022­23. .......... ........................................................................................................................... Page 655 RECOMMENDATION: 1.Conduct a majority protest public hearing to receive public comment related to the collection of solid waste charges for individually billed residences for FY 22-23 on the County of Riverside Assessor’s Property Tax Roll, and related items stipulated therein. 2. Waive further reading and adopt Resolution requesting the County of Riverside to collect the associated costs for individually billed residences on the Tax Assessor’s Property Tax Roll for FY 22-23 and authorize the City Manager to execute any documents necessary to effectuate the actions take herewith. INFORMATION ITEMS ADJOURNMENT Page 8 of 658 AGENDA Thursday, June 9, 2022 City Council, Successor Agency to the Palm Desert Redevelopment Agency, and Housing Authority Meeting Agenda Page 9 of 9 THREE OPTIONS FOR PARTICIPATING IN THE MEETING OPTION 1: PARTICIPATE BY E­MAIL Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org. E-mails received prior to noon on the day of the City Council meeting will be made part of the record and distributed to the City Council. This method is encouraged because it will give Councilmembers the opportunity to reflect upon your input. Emails will not be read aloud at the meeting. OPTION 2: PARTICIPATE LIVE VIA ZOOM 1.Access via www.cityofpalmdesert.org/zoom and click “Launch Meeting,” or 2.Access www.zoom.us, click “Join Meeting” and enter Webinar ID 833 6744 9572. OPTION 3: PARTICIPATE LIVE VIA TELEPHONE 1.Dial any of the following: (669) 900-9128 or (213) 338-8477 or (669) 219-2599. 2.Enter the Meeting ID: 833 6744 9572 followed by #. 3.Indicate that you are a participant by pressing # to continue. 4.You will hear audio of the meeting in progress. Remain on the line if the meeting has not started. 5.During the meeting, press *9 to add yourself to the queue and wait for the Mayor or City Clerk to announce your name/phone number. Press *6 to unmute your line and limit your comments to three minutes. ___________________________________________________________________________ PUBLIC NOTICES Agenda Related Materials: Pursuant to Government Code §54957.5(b)(2) the designated office for inspection of records in connection with this meeting is the Office of the City Clerk, City Hall, 73-510 Fred Waring Drive, Palm Desert. Staff reports for all agenda items considered in open session, and documents provided to a majority of the legislative bodies are available for public inspection at City Hall and on the City’s website at www.cityofpalmdesert.org by clicking “Council Agenda” at the top of the page. Americans with Disabilities Act: It is the intention of the City of Palm Desert to comply with the Americans with Disabilities Act (ADA) in all respects. If, as an attendee or a participant at this meeting, or in meetings on a regular basis, you will need special assistance beyond what is normally provided, the city will attempt to accommodate you in every reasonable manner. Please contact the Office of the City Clerk, (760) 323-8204, at least 48 hours prior to the meeting to inform us of your needs and to determine if accommodation is feasible. ___________________________________________________________________________ AFFIDAVIT OF POSTING I, Níamh M. Ortega, Deputy City Clerk of the City of Palm Desert, do hereby certify, under penalty of perjury under the laws of the State of California, that the foregoing agenda for the Palm Desert City Council, Successor Agency for the Palm Desert Redevelopment Agency, and Housing Authority, was posted on the City Hall bulletin board and City website www.cityofpalmdesert.org no less than 72 hours prior to the meeting. /S/ Níamh M. Ortega Deputy City Clerk Page 9 of 658 [This page has intentionally been left blank.] Page 10 of 658 Page 11 of 658 Whereas, the citizens of the City of Palm Desert have great admiration and the utmost gratitude for all the men and women who have selflessly served their country and this community in the Armed Forces and have borne the brunt of battle; and Whereas, veterans have paid the high price of freedom by leaving their families and communities and placing themselves in harm’s way for the good of all; and Whereas, the contributions and sacrifices of the men and women from the City of Palm Desert who served in the Armed Forces have been vital in defending the hard won freedoms and liberties of our Constitution that are treasured by our citizens; and Whereas, many citizens of our community have been awarded the Purple Heart Medal in recognition of being wounded while engaged in combat with an enemy force, construed as a singularly meritorious act of essential service; and Whereas, June 27th has officially been designated as the day in the City of Palm Desert to remember and recognize veterans who are recipients of the Purple Heart Medal. Now, Therefore, I, Jan C. Harnik, Mayor of the City of Palm Desert, California, Along With the Entire City Council, Do Hereby Proclaim Palm Desert as a Purple Heart City one of the few cities in the State of California so designated, now also to be formally signifying such designation with street signs at primary City entrances, honoring the service and sacrifice of our nation’s men and women in uniform wounded or killed by the enemy while serving to protect the freedoms enjoyed by all Americans. In Witness Whereof, I have hereunto set my hand and have caused the Official Seal of the City of Palm Desert, California, to be affixed this 9th day of June, 2022. Page 12 of 658 CITY OF PALM DESERT REGULAR PALM DESERT CITY COUNCIL (CC), SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA), AND HOUSING AUTHORITY (HA) MEETING (VIRTUAL MEETING) DRAFT MINUTES Thursday, May 12, 2022 I. CALL TO ORDER – 3:00 P.M. The meeting was called to order at 3:00 p.m. Present: Councilmember/Director/Member Kathleen Kelly Mayor Pro Tem/Vice Chair/Vice Chairman Sabby Jonathan Councilmember/Director/Member Gina Nestande Councilmember/Director/Member Karina Quintanilla Mayor/Chair/Chairman Jan C. Harnik Also Present: Todd Hileman, City Manager/Executive Director Robert W. Hargreaves, City Attorney Andrew Firestine, Assistant City Manager Veronica Chavez, Director of Finance Anthony J. Mejia, City Clerk Niamh M. Ortega, Deputy City Clerk II. PUBLIC COMMENT FOR CLOSED SESSION ITEMS ONLY None. III. ADJOURN TO CLOSED SESSION The meeting was adjourned to closed session at 3:01 p.m. IV. CLOSED SESSION ITEMS A. Closed Session Meeting Minutes: April 14, 2022 Page 13 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 2 B. Conference with Real Property Negotiator pursuant to Government Code Section 54956.8: 1) (City) Property: North Sphere Land Acquisition (Northeast corner of Portola Avenue/Dinah Shore) (APN 640­120­025) City Negotiator: Todd Hileman/Eric Ceja Other Party Negotiator: N/A Property Owner: Palm Desert University Gateway 2) (City) Property: City of Palm Desert 10­acres (Palm Communities ENA/Gerald Ford) (APN 694­120­028) City Negotiator: Todd Hileman/Martin Alvarez Other Party Negotiator: N/A Property Owner: City of Palm Desert 3) (City) Property: Northwest corner of Portola Avenue/Dinah Shore Drive (32 acres) (APNs 694­510­013 and 694­130­027) City Negotiator: Todd Hileman/Eric Ceja Other Party Negotiator: N/A Property Owner: Freeway Lanes 4) (Successor Agency) Property: Northwest corner of Portola Avenue/Frank Sinatra Drive (170 acres) (APN 653­400­080) City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: N/A Property Owner: Successor Agency to the Palm Desert Redevelopment Agency 5) (City) Property: Southwest corner of Portola Avenue/Frank Sinatra Drive (80 acres) (APN 620­170­009) City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: N/A Property Owner: Catavina Land 6) (City) Property: Southeast corner of Dick Kelly Drive/Gateway Drive (25.5 acres) (APNs 694­413­014, 694­413­015, and 694­413­017) City Negotiator: Todd Hileman/Martin Alvarez/Eric Ceja Other Party Negotiator: N/A Property Owner: Palm Springs Unified School District Page 14 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 3 7) (City and Housing Authority) Property: 42162 Verdin Lane (APN 624­440­004) City Negotiator: Todd Hileman/Veronica Chavez Other Party Negotiator: N/A Property Owner: First American Title Co. C. Conference with Legal Counsel regarding significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): 1) Potential cases: Two (2) V. RECONVENE THE CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING AUTHORITY MEETING – 4:00 P.M. Mayor Harnik reconvened the meeting at 4:15 p.m. A. Roll Call B. Pledge of Allegiance to the Flag ­ Councilmember Karina Quintanilla C. Inspiration/Invocation – Mayor Jan C. Harnik VI. REPORT ON ACTION FROM CLOSED SESSION City Attorney Hargreaves stated that direction was given; no reportable action was taken. VII. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. Presentation of Proclamation honoring National Public Works Week. VIII. CITY MANAGER COMMENTS Public Affairs Manager Thomas Soule shared information on various events in and around Palm Desert during the month of May 2022. IX. MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION Mayor Pro Tem Jonathan reported his attendance at various committee meetings. He reminded residents to consider volunteering for the City’s committees. Councilmember Quintanilla reported her attendance at various committee meetings. Mayor Harnik reported her attendance at the regional meeting of the Southern California Association of Governments and other various meetings. She also shared information on various bills that were under consideration. X. NON­AGENDA PUBLIC COMMENTS Mr. Carlos Garcia, Palm Desert resident, spoke relative to the blowing sand issue on Dinah Shore Drive near the Genesis development. Page 15 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 4 XI. CONSENT CALENDAR All matters listed on the Consent Calendar are considered to be routine and may be approved by one (1) motion. A. Approve Minutes of the regular City Council, Successor Agency, and Housing Authority meeting of April 14, 2022. Rec.: Approve the April 14, 2022, Minutes as listed and as presented. B. Second reading and adoption of Ordinance No. 1378 to approve Zoning Ordinance Amendment 22­0001 to modify Palm Desert Municipal Code Section 25.34.060 regarding Time­Share Projects. This item was removed and discussed under Consent Items Held Over. C. Second reading and adoption of Ordinance No. 1382 amending and updating various sections of the Palm Desert Municipal Code. Rec.: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1382 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND UPDATING VARIOUS SECTIONS OF THE PALM DESERT MUNICIPAL CODE.” D. Adopt Resolution No. 2022­32 rescinding Resolution No. 2009­78, and approving a revised Expense Reimbursement Policy for Local Meeting and Event Attendance by Elected/Appointed Officials and City Employees Policy. Rec.: By Minute Motion, waive further reading and adopt Resolution No. 2022­ 32 rescinding Resolution No. 2009­78, and approving a revised Expense Reimbursement Policy for Local Meeting and Event Attendance by Elected/Appointed Officials and City Employees Policy. E. Adopt Resolution No. 2022­33 to authorize the destruction of paper records that have been digitally imaged from the Development Services Department (Planning/Land Development Division), to rely on the electronic record as the official record. Rec.: Waive further reading and adopt. F. Award Contract No. C43090 to Desert Limnologists Inc, dba Southwest Aquatics, Inc., for Lake and Water Features Preventative Maintenance Services. Rec.: By Minute Motion: 1. Award Contract No. C43090 to Desert Limnologists, Inc., dba Southwest Aquatics, Inc., of Palm Desert, California for Lake and Water Features Preventative Maintenance Services in the annual amount of $61,728; 2. Authorize extra repair work and services in an annual amount not to exceed $30,000; 3. Authorize the City Manager or designee to review and approve written contract amendments and change order requests Page 16 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 5 for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and 4. Authorize the City Manager to execute said agreement. G. Award Contract No. C43100 to Multi W Systems, Inc. from El Monte, California for Irrigation Pump Preventative Maintenance in the annual amount of $43,000 (Project No. 920­23). Rec.: By Minute Motion: 1. Award Contract No. C43100 to Multi W Systems, Inc., of El Monte, California, for Irrigation Pump Preventative Maintenance in the annual amount of $43,000; 2. Authorize extra repair work and services in an annual amount not to exceed $17,000; 3. Authorize the City Manager or designee to review and approve written contract amendment and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code; and 4. Authorize the City Manager to execute said agreement. H. Authorize City Manager to execute Contract No. C37960G with Presentation Products Inc, DBA Spinitar for audio visual installation services for the Council Chamber ADA remodel project (Project No. 765­19). Rec.: By Minute Motion, authorize City Manager to execute Contract No. C37960G with Presentation Products Inc, DBA Spinitar for audio visual installation services for the Council Chamber ADA remodel project for $68,326.09. I. Approval of a Memorandum of Understanding (C43110) with Coachella Valley Association of Governments formalizing the City’s participation and annual $100,000 contribution to the CV Housing First Program; and authorize payment for fiscal year 21/22. Rec.: By Minute Motion: 1. Approve a Memorandum of Understanding No. C43110 with Coachella Valley Association of Governments for formalizing the City’s participation and annual $100,000 contribution to the CV Housing First Program through June 30, 2023; 2. Authorize payment of $100,000 to Coachella Valley Association for Fiscal Year 2021/22; and 3. Authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. J. Approval of an extension to Contract No. HA37273 with John Harrison Contracting, Inc. for HVAC Mechanical Systems Maintenance Services at the Palm Desert Housing Authority properties in a total annual amount not to exceed $175,000 (HA) Rec.: By Minute Motion, that the Housing Authority Board, Approve an extension to Contract No. HA37273 with John Harrison Contracting (“JHC”) for the HVAC Mechanical Systems Maintenance Services at the Palm Desert Housing Authority (“Authority”) properties for a period of twelve (12) months in the total amount not to exceed $175,000 for contract services; and Authorize the Chairman or Executive Director and his designee to take all necessary actions Page 17 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 6 to execute the extension and any documents necessary to effectuate the actions taken herewith. K. Approval of an Amendment to the Agreement with Riverside University Health System for local homelessness services to extend the term by one (1) year. Rec.: By Minute Motion: 1. Approve Amendment No. 1 (Contract No. C41701) to Contract No. C41700 with the Riverside University Health System for local homelessness services extending the term by one year, from July 1, 2022, through June 30, 2023, in an amount not to exceed $168,000; and 2. Authorize the City Manager to execute any documents necessary to effectuate the actions taken herewith. L. Approve Change Order No. 1 to Contract C41390 for Gas and Diesel Fuel Purchase from Beck Oil, Inc. in the Amount of $30,000. Rec.: By Minute Motion, approve Change Order No. 1 to Contract C41390 for Gas and Diesel Fuel Purchase from Beck Oil, Inc. in the amount of $30,000. Funds are available in Account No. 1104331­42170000. M. Appropriate $269,743.87 from General Fund Reserves and authorize City Manager to purchase a DELL Cyber Recovery Vault from [RE]Design Group. Rec.: By Minute Motion, appropriate $269,743.87 from General Fund Reserves and authorize City Manager to purchase a DELL Cyber Recovery Vault from [RE]DESIGN Group. N. Appropriate from General Fund Reserves and authorize the City Manager to enter into an agreement with Environmental Systems Research Institute, Inc. (ESRI) for an Enterprise Advantage Program in the amount of $53,900. Rec.: By Minute Motion, that the City Council appropriate from General Fund Reserves and authorize the City Manager to enter into an agreement with Environmental Systems Research Institute, Inc. (ESRI) for an Enterprise Advantage Program, in the amount of $53,900, to provide consulting, training, and technical assistance for GIS (Geographic Information Systems) initiatives. O. Authorize the use of Lowe’s Home Centers, Inc., Home Depot U.S.A., Inc., and HD Supply Facilities Maintenance for Purchase of Materials, Supplies and Appliances for Palm Desert Housing Authority (“Authority”) Properties for FY 2022/2023 (HA). Rec.: By Minute Motion, that the Authority Board: 1) Authorize the use of Lowe’s Home Centers, Inc., for the purchase of materials, supplies and appliances pursuant to Section 3.30.160(L) and 3.30.160(E) of the Palm Desert Municipal Code, for FY 2022/2023 in an amount not to exceed$220,000 (includes approximately $115,000 for the purchase of appliances and approximately $105,000 for materials and supplies); 2) Authorize the use of Home Depot U.S.A., Inc., for the purchase of materials and supplies pursuant to Section Page 18 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 7 3.30.160(L) and 3.30.160(E) of the Palm Desert Municipal Code, for FY 2022/2023 in an amount not to exceed $45,000; 3) Authorize the use of HD Supply Facilities Maintenance for the purchase of materials and supplies pursuant to Section 3.30.160(L) and 3.30.160(E) of the Palm Desert Municipal Code, for FY 2022/2023 in an amount not to exceed $210,000; and 4) Authorize the disposal and recycling of inefficient, damaged, obsolete and non­functioning appliances as appropriate in accordance with EPA standards and declare as surplus at the time of removal from the properties. P. Authorize the use of The Sherwin­Williams Company for Purchase of Paint and Paint Related Materials and Supplies for the Palm Desert Housing Authority Properties for FY 2022­2023 (HA). Rec.: By Minute Motion, that the Authority Board: 1. Authorize the use of The Sherwin­Williams Company, for the purchase of paint and paint related materials and supplies for the Palm Desert Housing Authority (“Authority”) properties pursuant to Section 3.30.160(L) and 3.30.160(E) of the Palm Desert Municipal Code, for FY 2022/2023 in an annual amount not to exceed $75,000; and 2. Authorize the Chairman and/or the Executive Director to execute the Agreement and any documents necessary to effectuate the actions taken herewith. Q. Accept Contract No. C39260 with Elecnor Belco Electric of Chino, California, for the Traffic Signal Hardware Upgrades as complete and authorize the City Clerk to file the Notice of Completion (Project No. 569­20). Rec.: By Minute Motion: 1. Accept Contract No. C39260 with Elecnor Belco Electric of Chino, California, for the Traffic Signal Hardware Upgrades (Project No. 569­20) as complete, and 2. Authorize the City Clerk to file the Notice of Completion. R. Accept Contract No. C42170 with Commercial Waterproofing Systems, Inc. of Santa Ana, California, for the Desert Willow Golf Resort Maintenance Facility Roof Repairs as complete. Rec.: By Minute Motion: 1. Accept Contract No. C42170 with Commercial Waterproofing Systems, Inc. of Santa Ana, California, for the Desert Willow Golf Resort Maintenance Facility Roof Repairs as complete; and 2. Authorize the City Clerk to file the Notice of Completion. S. Accept off­site improvements, release the Faithful Performance and the Labor and Materials Bonds, and accept a Maintenance Bond for Millennium. Rec.: By Minute Motion:1. Accept off­site improvements; 2. Release the Faithful Performance Bond in the amount of $266,695.50 and Labor and Materials Bond in the amount of $133,330.25; and 3. Accept the Maintenance Bond in the amount of $26,669.95. Page 19 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 8 T. Accept off­site improvements, release the Faithful Performance and Labor and Materials Bonds, and accept a Maintenance Bond for Monterey Crossing. Rec.: By Minute Motion:1. Accept off­site improvements; 2. Release the Faithful Performance Bond in the amount of $219,684.73 and Labor and Materials Bond in the amount of $109,842.36; and 3. Accept the Maintenance Bond in the amount of $21,968.47. U. Authorize the City Manager to Execute a Grant of Easement to Southern California Edison for the Tamarisk Utility Undergrounding District. Rec.: By Minute Motion, authorize the City Manager to Execute a Grant of Easement to Southern California Edison (SCE) for the Tamarisk Utility Undergrounding District. V. Receive and file informational update on the 1992 Self Help Housing Program (Joint Consideration with Housing Authority). Rec.: By Minute Motion, receive and file the informational update on the 1992 Self Help Housing Program. Main Motion: Approve all items on Consent Calendar, excluding Item B which was discussed separately. Moved by: Quintanilla/Kelly Vote and Action: 5 Yes/0 No. Motion Carried CONSENT ITEMS HELD OVER B. Second reading and adoption of Ordinance No. 1378 to approve Zoning Ordinance Amendment 22­0001 to modify Palm Desert Municipal Code Section 25.34.060 regarding Time­Share Projects. Rec.: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1378 entitled, ”AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 25, MODIFYING SECTION 25.34.60 REGARDING TIME­SHARE PROJECTS, CASE NO. ZOA 22­0001.” Councilmember Nestande recused herself from this item citing a conflict. Mr. Ron Maker (206­234­7244) spoke re Consent item B timeshare ordinance. Ms. Suzanne Thompson spoke in objection to the adoption of the ordinance. Mr. Daniel Manson spoke in objection to the adoption of the ordinance. Mr. David Durham spoke in objection to the adoption of the ordinance. Mr. Ashton Cooper spoke in objection to the adoption of the ordinance. Ms. Brandi Pratt spoke in objection to the adoption of the ordinance. Page 20 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 9 Ms. Amber Haaland spoke in objection to the adoption of the ordinance. Mr. Jeffrey Williams spoke in objection to the adoption of the ordinance. Ms. Jill [last name unclear] spoke in objection to the adoption of the ordinance. Mr. Brandon Brocha spoke in objection to the adoption of the ordinance. Ms. Jessica Blanchard spoke in objection to the adoption of the ordinance. Main Motion: Waive the second reading of the ordinance text in its entirety and read by title only; and adopt Ordinance No. 1378 entitled, “AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 25, MODIFYING SECTION 25.34.60 REGARDING TIME­SHARE PROJECTS, CASE NO. ZOA 22­0001.” Moved by: Kelly/Quintanilla Vote and Action: 3 Yes/1 No (Jonathan)/1 Recuse (Nestande). Motion Carried XII. ACTION CALENDAR A. Approve the initiation of proceedings to form the President's Plaza Property and Business and Improvement District, and to levy and collect assessments therein; the Management District Plan and, preliminarily, the Engineer's Report; and an assessment ballot proceeding so that qualified property owners within the district may vote on the levying of district assessments. Main Motion: Waive further reading and adopt:1. Resolution No. 2022­34, initiating proceedings for the formation of the President's Plaza Property and Business Improvement District, and the levy and collection of assessments, pursuant to the provisions of part 7 of division 18 of the California Streets and Highways Code, for Fiscal Year 2022­23;2. Resolution No. 2022­35, describing proposed improvements and services, approving the Management District Plan, and preliminarily approving the Engineer's Report, regarding the proposed formation/re­establishment of the President's Plaza Property and Business Improvement District, pursuant to the provisions of part 7 of division 18 of the California Streets and Highways Code, for Fiscal Year 2022­23; and3. Resolution No. 2022­36, declaring the City's intention to form the President's Plaza Property and Business Improvement District, to levy and collect assessments therein, and calling for an assessment ballot proceeding to submit to the qualified property owners within that district the question of levying district assessments, commencing Fiscal Year 2022­23. Moved by: Kelly/Nestande Vote and Action: 5 Yes/0 No. Motion Carried Page 21 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 10 B. Approve the start of proceedings to levy and collect annual assessments and grant preliminary approval of the 2022/23 Engineer’s Report for Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1. Main Motion: Waive further reading and adopt: 1. Resolution No. 2022­37 to initiate proceedings for the levy and collection of annual assessments for Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1 for fiscal year 2022/2023; and, 2. Resolution No. 2022­38 to declare the intent to levy and collect annual assessments granting preliminary approval of the 2022/2023 Engineer’s Report for Consolidated Palm Desert Landscaping & Lighting Maintenance District No. 1. Moved by: Kelly/Nestande Vote and Action: 5 Yes/0 No. Motion Carried C. Approve the start of proceedings to levy the annual assessment of City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2022/2023. Main Motion: Rec.: Waive further reading and adopt: 1. Resolution No. 2022­39 to initiate proceedings for the levy and collection of assessments for City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2022/2023; and 2. Resolution No. 2022­40 to declare its intention to levy the annual assessment for City of Palm Desert Benefit Assessment District No. 1 for Fiscal Year 2022/2023, pursuant to the Benefit Assessment Act of 1982 and appointing a time and place for the public hearing on these matters. Moved by: Nestande/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried D. Request for Feedback and Direction Regarding a Potential Ballot Measure Related to City Council Districts. Mr. Kim Floyd spoke in opposition to the proposed language of the potential ballot measure. Mr. Carlos Garcia spoke in opposition to the proposed language of the potential ballot measure. Ms. Joan Speer spoke in opposition to the proposed language of the potential ballot measure. Mr. Peter Green spoke in opposition to the proposed language of the potential ballot measure. Mr. Charles Ara spoke in opposition to the proposed language of the potential ballot measure. Page 22 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 11 The Council provided direction to staff to proceed with an advisory ballot measure, and to work with the Ad Hoc Subcommittee members Kelly and Nestande to review the ballot question and agreed­upon modification to the question in response to public comment to improve clarity and to rephrase the question in the affirmative. E. Request for direction on sponsorship of mural installation at the McCallum Theatre. Main Motion: Authorize staff to move forward and incorporate as much of Council comments provided as possible with the project. Moved by: Kelly/Nestande Vote and Action: 5 Yes/0 No. Motion Carried F. Request for direction regarding several updates to Palm Desert Municipal Code. Main Motion: Direct staff to draft code updates as presented herein. Moved by: Kelly/Quintanilla Vote and Action: 5 Yes/0 No. Motion Carried G. Consideration of fee waiver of facility use fees for the use of Civic Center Park for the 2022 Ride of Silence event. Staff requested that this item be pulled from the agenda as the event has relocated to Palm Springs. No action was taken. XIII. PUBLIC HEARINGS A. Approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Chapter 25.10 (Residential Districts) and Chapter 25.68 (Decisions by the Architectural Review Commission) (1st reading). Staff provided a report. Mayor Harnik opened the public hearing, and with no requests to speak, closed the public hearing. Main Motion: Waive further reading and pass to second reading a City Council Ordinance No. 1383 approving Zoning Ordinance Amendment 22­0003 to Chapter 25.10 (Residential Districts and Chapter 25.68 (Decisions by the Architectural Review Commission). Moved by: Jonathan/Kelly Vote and Action: 5 Yes/0 No. Motion Carried Page 23 of 658 DRAFT MINUTES City Council, Successor Agency to the Palm Desert Thursday, May 12, 2022 Redevelopment Agency, and Housing Authority Meeting 12 B. Approval of a Zoning Ordinance Amendment to modify Palm Desert Municipal Code Chapter 25 (Zoning) relating to land uses (1st reading). Staff provided a report. Mayor Harnik opened the public hearing, and with no requests to speak, closed the public hearing. Main Motion: Rec.: Waive further reading and pass to second reading a City Council Ordinance No. 1384 approving Zoning Ordinance Amendment 22­0004 to modify Palm Desert Municipal Code Chapter 25 (Zoning). Moved by: Kelly/Jonathan Vote and Action: 5 Yes/0 No. Motion Carried XIV. INFORMATION ITEMS None. XV. ADJOURNMENT With City Council, Successor Agency, and Housing Authority concurrence, Mayor Harnik adjourned the meeting at 6:52 p.m. JAN C. HARNIK MAYOR/CHAIR/CHAIRMAN ATTEST: NÍAMH M. ORTEGA, DEPUTY CITY CLERK AND ASSISTANT SECRETARY Palm Desert City Council Successor Agency to the Palm Desert Redevelopment Agency Housing Authority Page 24 of 658 City of Palm Desert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name Account N umber Transaction Desc Invoice Amount Paid 00 01530035 05 /13 /2022 UN IFIRST CORPORATION 1104310 42 14000 INDUSTRIAL UNIFORM RENTAL AND 3251784502 168.21 00 01530035 05/13 /2022 UNIFIRST CORPORA TIO 1104310 4214000 INDUSTRLAL UNIFORM RENTAL AND 3251789758 168.21 00 01530035 05/13 /2022 UNIFIRST CORPORATION 11043 10 4214000 INDUSTRIAL UNIFORM RENTAL AND 3251792363 168.21 00 01530035 05/13 /2022 UNIFIRST CORPORATION I 104310 4214000 INDUSTRIAL UNIFORM RENTAL AND 32517950 11 168.21 00 0 1530036 05/13 /2022 Verizon Connect NWF In c 1104331 4334000 MONTHLY MONITORING AND DIAGNOS OSV000002724872 573 .85 00 01530037 05 /13 /2022 VINT AGE AS SOCIA TES 1104 6 11 4332001 EXTRAS-PARKS 224523 1,779.08 00 01530037 05 /13/2 022 VINTAGE ASSOCLA TES 1104 611 4332001 EXTRAS-PARKS 224551 250 .00 00 01530038 05/13 /2022 WATERLINE TECHNOLOGIES IN C 2424549 4211100 AQUATIC CENTER: 5577290 1,055 .95 00 01530039 05/13 /2022 WEST COAST ARBORISTS INC 1104611 4332001 HARDWOOD -PARKS 183491 5 ,700 .00 00 01530039 05 /1 3/2022 WEST COAST ARBORISTS INC 1104611 4332001 HARDWOOD -PARKS 184261 3 ,420 .00 00 01530039 05/13/2022 WEST COAST ARBORISTS INC 1104614 4337001 MISC TREE WORK -MEDIANS 184371 794 .00 00 01530040 05/13/2022 WESTERN PUMP INC 1104331 4334000 VEHICLE COMPLIANCE TESTING AND W41571 700.00 00 01530041 05/13 /2022 ZUMAR INDUSTRIES INC . 1104310 4219000 ADDITIONAL FUNDING FOR SUPPLY 96517 879.88 Total For Bank ID -00 City Manager 2,111,425.76 Report Date 05/13 /2022 Page 23 City & Housing Page 25 of 658 City of Palm Desert Check Register 5/13/2022 -5/13/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01529895 05/13 /2022 ADKTNS , MICHAEL 1104300 4391500 SAFETY FOOTWEAR REIMB BOOTREIMB-MA0522 163.10 00 0 1529896 05/13 /2022 ALARM MO ITORING SERVICES INC I 104340 433 1000 monitoring fire system - H isto 95604 369.77 00 01529896 05 /13 /2022 ALARM MO ITORING SERVICES INC 1104340 4331000 alarm monitoring -Historical 95605 123.20 00 01529896 05 /13/2022 ALARM MONITORING SERVICES INC 5 104195 4369602 new user code program -State 9564 1 154 .00 00 01529897 05 /13/2022 AMERJCAN ASPHALT SOUTH INC 2 11 0000 2060000 RETENT Pl 15748/C42450 LINE I RETENT 2022-538 -29 ,051.79 00 01529897 05/13/2022 AMERJCAN ASPHALT SOUTH INC 2 114311 4332000 GAS TAX-2022-538 581,035 .86 00 01529897 05/13 /2 022 AMERJCAN ASPHALT SOUTH INC 2 130000 2060000 RETNT Pl 15748/C42450 RETENT 2022-523 -3,250 .00 00 0 1529897 05/13 /2022 AMERICAN ASPHALT SOUTH INC 2130000 2060000 RETENT PI 15748 /C42450 LINE2 RETENT 2022-538 -8 ,511.75 00 01529897 05/1 3/2022 AMERICAN ASPHALT SOUTH INC 2134311 4332000 MEASURE A-2022-523 65 ,000.00 00 01529897 0 5/13/2022 AMERICA ASPHALT SOUTH INC 213431 I 4332000 MEASURE A-2022-53 8 170 ,235.00 00 01529898 05 /13 /2022 AMERJCAN PLANNING ASSOCIATION I 100000 1430100 DUES FIRESTINE 7/1 /22-6/30/23 150504-2243 788.00 00 01529899 05/13 /2022 ANTHEM BLUE CROSS EAP I 104154 4309000 EAP Fees 50287566256 166.50 00 01529900 05/13/2022 AUTOZONE 2364 195 4219000 oil drain container -used oil 5567585278 96.98 00 01529901 05/13 /2022 BANNER BANK 2420000 1025000 Pl 15742 RETNT HOLD IN ESC #I 3/31 /22-1 5 ,725 .00 00 01529901 05/13 /2022 BANNER BANK 2420000 1025000 P 115742 RETNT HOLD IN ESC #2 4/30/22-2 2,856.60 00 0 1529901 05/13/2022 BANNER BANK 2420000 2060000 P 115 742 RETNT PAY ABLE PP# I RETNT PP#0l 5,725.00 00 01529901 05 /13 /2022 BANNER BANK 2420000 2060000 Pl 15742 RET T PAYABLE PP#! 3/31 /22-1 * -5,725.00 00 01529901 05/13 /2022 BANNER BANK 2420000 2060000 P 115742 RETNT PAY ABLE PP #2 RETNTPP#02 2,856.60 00 01529901 05/13 /2022 BANNER BANK 2420000 2060000 P 115742 RETNT PAY ABLE PP#2 4/30/22-2* -2 ,856.60 00 0 1529901 05/13 /2022 BANNER BANK 4510000 1025000 Pl 15359 RETNT HOLD IN ESC #11 4/30/22-11 13 ,957.11 00 01529901 05 /13/2022 BANNER BANK 4510000 2060000 Pl 15359 RET T PAYABLE PP#! I RETNT PP#l l 13,957.11 00 0 1529901 05/13 /2022 BANNER BANK 4510000 2060000 Pl 15359 RETNT PAYABLE PP#l 1 4/30/22-11 * -13 ,95 7.11 00 0 1529902 05/13/2022 BIO TOX LABO RA TORIES I 104210 4390400 FY 2 l /22 Blood and urine ana ly 42667 228.00 00 01529902 05/13 /2022 BIO TOX LABO RA TORIES I 1042 10 4390400 FY 21/22 Blood and urine ana ly 42668 1,993.00 00 01529903 05/13 /2022 BMW MOTORCYCLE OF RIVERSIDE I 104210 4334000 FY 21/22 Maintenance and repai 6029693 1,227.43 00 0 1529903 05/13 /2022 BMW MOTORCYCLE OF RIVERSIDE I 104210 4334000 FY 21/22 Maintenance and repai 6029742 1,163 .78 00 0 1529903 05/13/2022 BMW MOTORCYCLE OF RIVERSIDE I 104210 4334000 FY 21 /22 Maintenance and repai 5037344 60.79 Report Date 05 /13 /2022 Page City & Housing Page 26 of 658 City of Palm D esert Check Regi ster 5/13 /2 022 -5/13 /2 022 Bank ID Ch eck Numb er Ch eck D ate Ve ndor Na me A ccount N umb er T ransac tion Desc In voice A mount Pa id 00 01529904 05 /13 /2022 BSN SPORTS LLC 1104610 4332100 windscreen -CC LMA 17 916647000 772.09 00 01529905 05/13 /2022 BURKE WILLIAMS & SORENSEN LLP 1104159 4309000 LGL SVC-WSTFLD 4/22 284517 165.00 00 0 1529905 05/13 /2022 BURKE WILLIAMS & SORENSEN LLP 1104121 430 1600 Legal 282879 487.50 00 01529906 05/13 /2022 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP East 433101-05/22 8 ,150.62 00 01529906 05/13 /2022 BURRTEC 2774373 4351800 TRASH PICKUP SRV PP West 433104-05/22 6,774 .12 00 01529906 05/13/2022 BURRTEC 5 104195 4369601 73710 FW TRASH PICKUP SRV 208 162-05 /22 480.29 00 01529906 05/13/2022 BURRTEC 5 1041 95 4369602 73720 FW TRAS H PICKUP SRV 208189-05 /22 336.69 00 01529906 05/13/2022 BURRTEC 2364195 4309000 OPERA TfNG COSTS FOR THE HO USE H 33 122 I 4,217.39 00 01529907 05/13/2022 CALIFORNIA COMMERC IAL POOLS fNC 2420000 2060000 RETENT Pl 15 742 /C42850 LfNE I RETENT PP#Ol -5 ,725.00 00 01529907 05 /13/2022 CALIFORN IA COMMERCIAL POOLS INC 2420000 2060000 RETENT Pl 15742 LfNE I RETENT PP#02 -856.60 00 01529907 05 /13/2022 CALIFORN IA COMMERCIAL POOLS fNC 2420000 2060000 RETENT Pl 15742 LfNE2 RETENT PP#02 -2 ,000 .00 00 01529907 05/13/2022 CALIFORN IA COMMERCIAL POOLS fNC 2424549 4331101 PALM DESERT AQUATIC CENTER POO PP#Ol 114 ,500.00 00 0 1529907 05 /13 /2022 CALIFORNIA COMMERCIAL POOLS INC 2424549 4331 101 PALM DESERT AQUATIC CENTER POO PP#02 17,132 .00 00 01529907 05/13 /2022 CALIFORNIA COMMERCIAL POOLS INC 2424549 4400100 PALM DESERT AQUAT IC CENTER POO PP#02 40 ,000 .00 00 01529908 05/13 /2022 CASC E GINEERING AND CONSULTING ING 104300 4309000 PUBLIC WORKS DEPT -1483-0002-00 150 .00 00 0 1529909 05 /13 /2022 CDWLLC 2304220 4400100 fire station equipment V899219 410.49 00 01529909 05/13 /2022 CDW LLC 1104190 4212000 Tech Equi pment W288571 933.52 00 01529909 05 /13 /2022 CDWLLC 1104190 4212000 Tech Equ ipment V977900 125.27 00 01529910 05 /13 /2022 CEJA , ERJ C 1104430 4311500 APA Awrds Dnr Mileage 5/4EC MILEAGE RE IM EC 79.79 00 01529911 05 /13/2022 COACHELLA VALLEY RESCUE MISSON 2204800 4388000 CDBG FUNDS PROGRAM YEAR 2020-2 6245 45 ,000.00 00 0 1529912 05 /13 /2022 COACHELLA VALLEY WATER DIST. 1104310 4351000 TOWN Ctr Way -Bus Shelter 307 113 8 131 50AP22 27.05 00 01529912 05 /13 /2022 COACHELLA VALLEY WATER DIST . I 104330 435 1000 I 052 CORPORATION YARD 3l5 l 77847704AP22 444.55 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST . 1104340 435 1000 44911 Cabrillo Avenue 7 l 2257390932AP22 124 .35 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. I 1046 10 435 1000 248 RAC WELL RMT BY LAKE 332429853 l 74AP22 3,092.42 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DI ST . 1104611 4351000 113 I HOVLEY SOCCER PARK 3 l 5303847830AP22 1,450.87 00 01529912 05/13 /2022 COACHELLA VALL EY WAT ER DIST . 1104611 4351000 10049 FREEDOM PARK 315 491 8480 l 8AP22 2,608.77 00 0 1529912 05/13/2022 COACHELLA VALL EY WATER DIST . I 1046 11 435 1000 10364 HOVLEY SOCCER PARK 3 l 6695849222AP22 4 ,167 .14 Report Date 05/13 /2022 Page 2 City & Housina Page 27 of 658 City of Palm De sert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name A ccount N umber Tra nsaction Desc Invoice A mount Paid 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. I 104 614 4351000 74 735 Hov ley Lane E -Soccer P I 27363385426AP22 108.98 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. I 104614 4351000 1051 ST MEDIA S "4" 3 l 5 l 75847702AP22 2,814.83 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. I 104614 4351000 1089 MEDIANS 3l5239847766AP22 2,273 .57 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 1104 614 4351000 1149 ST MEDIANS NORTH 58665l849912AP22 172.50 00 01529912 05/13/2022 COACHELLA VALLEY WATER DIST. 2304220 4351000 44400 Town Ctr -FS 33 l 63253 444356AP22 99.12 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2304220 4351000 73200 Mesa View Dr FS 67 l 76281476314AP22 273.65 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 2304220 4351000 73995 Country Club FS7 I 122335377974AP22 181.16 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2734680 4351000 D. I 088 Desert Mirage (Cook) 315237847764AP22 77.29 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2734682 4351000 13 I 050 Primrose II 3 I 5 I 73847700AP22 129.27 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754643 4351000 I I 050 Diamondback 3 I 5 I 73847700AP22 39.85 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 2754680 4351000 18 I 050 Monterey Meadows 315173847700AP22 67.24 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754681 4351000 17 I 050 The Glen 3 l 5 l 73847700AP22 70.27 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754682 4351000 2 I 050 Hovley Estates 315l73847700AP22 30.49 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754682 4351000 I 5 I 050 Hovley Estates 3 I 5173847700AP22 37.51 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754683 4351000 22 I 050 Sonata I 3 I 5 l 73847700AP22 46.87 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754684 4351000 20 I 050 Sonata II 315173847700AP22 124 .63 00 01529912 05/13 /2022 COACH ELLA VALLEY WATER DIST. 2754685 4351000 16 1050 Hovley Collection 315 173847700AP22 46.87 00 01529912 05/13 /2022 COAC HELLA VALLEY WATER DIST. 2754685 4351000 21 1050 Hovley Collection 315 l 73847700AP22 28.15 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754686 435 1000 5 I 050 La Paloma I 315173847700AP22 30.49 00 01529912 05/13/2022 COACHELLA VALLEY WATER DIST. 2754686 435 1000 I 9 I 050 La Paloma I 315 l 73847700AP22 30.49 00 01529912 05/13/2022 COACHELLA VALLEY WATER DIST. 2754687 4351000 6 I 050 La Paloma II 3 I 5 l 73847700AP22 66 .83 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754693 4351000 3 I 050 La Paloma Ill 315l73847700AP22 4 1.02 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 2754694 4351000 7 I 050 Sandpiper 3 l 5 l 73847700AP22 68.00 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754695 4351000 8 I 050 Sandpiper 3l5l73847700AP22 64.49 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2754696 4351000 4 1050 Hovley Court West 3 I 5 I 73847700AP22 48.04 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 2754697 4351000 14 1050 Palm Court 3l5173847700AP22 34 .00 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 2794374 4351000 12 1050 Waring Court 315173847700AP22 49 .37 Report Date 05/13 /2022 Page 3 City & Housing Page 28 of 658 City of Palm Desert Check Register 5/13/2022 -5/13 /2 022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 28043 74 4351000 1 1 I 050 Pa lm Gate 315173847700AP22 37.51 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 2854374 4351000 C. I 088 Kaufman & Broad (Heath 3l5237847764AP22 51.55 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 28643 74 4351000 IO I 050 Canyon Crest 315 l 73847700AP22 46.87 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 2874374 4351000 H. 1088 College View Estates I 315237847764AP22 163 .64 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. I 088 The Boulders (Shepherd 31523784 7764AP22 29.32 00 01529912 05/13/2022 COACHELLA VALLEY WATER DIST. 287468 1 435 1000 B. 1088 Sundance W (Kokopelli ) 3 15237847764AP22 67 .93 00 01529912 05 /13/2022 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. I 088 Petunia Place I (Petun 315237847764AP22 92.57 00 01529912 05/13 /2022 COACHELLA VALLEY WATER DIST. 2874683 435 1000 A . I 088 Sundance E. (Shepherd 315237847764AP22 86.72 00 01529912 05/13 /2022 COACH ELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 College View Estates I 315237847764AP22 123 .06 00 01529912 05 /13 /2022 COACHELLA VALLEY WATER DIST. 2994374 4351000 9 1050 PDCC 3 I 5 I 73847700AP22 263.69 00 0 1529913 05/13 /2022 COMMERCIAL DOOR METAL SYSTEMS IN C2304220 4331000 fire station repairs -FS #33 55855 1,389.38 00 01529914 05 /13/2022 CONSERVE LA DCAREINC 1104611 4332001 LANDSCAPE IMPROV EMENTS-PARKS 77855 118.00 00 01529914 05/13/2022 CONSERVE LA DCAREINC 1104611 4332001 LANDSCAPE IMPROV EMENTS-PARKS 78411 3 ,73 0.00 00 01529915 05 /13/2022 CONSOLIDATED ELECTRICAL DIST. INC. I 104 6 1 I 433250 1 e lectrica l covers -LMA 16 5725-1045174 4 .30 00 01529916 05 /13/2022 COUNTY OF RIVERSIDE SHERIFF DEPT I 104210 4217000 FY 21 /22 PD Police Motors Fuel SH0000040887 1,122 .2 5 00 01529916 05/13 /2022 COUNTY OF RIVERSIDE SHERIFF D E PT I 104210 4217000 FY 21 /22 Burglary Suppression SH0000040886 170.15 00 01529916 05/13 /2022 COUNTY OF RIVERSIDE SHERIFF DEPT 11 04210 4217000 FY 21/22 Burglary Suppression SH0000040885 999.55 00 01529917 05/13/2022 CPS HR CONSUL TING I 104154 4309000 C lass and Compensation Study 0006107 635.00 00 01529917 05/13 /2022 CPS HR CONSUL TING I 104 154 4309000 Class and Compensation Study 0006108 1,230 .00 00 01529918 05/13/2022 CROWN FIVE LLC I 104416 4306101 Spring Concert Series 3,000 .00 00 0 1529919 05 /13 /2022 DATA T ICKET INC 11 04470 4309000 PROF SVC PARKING TICKET PROCES 136971 354.34 00 01529920 05/13 /2022 DA YID REYES JR. I 104 154 4309501 C in co de Mayo 050522DR 1,096 .67 00 01529921 05 /13 /2022 DEDICATED BUILDING SERVICES LLC I 104330 4331000 JANITORIAL -CORPY ARD INV16152 2,735.63 00 01529921 05 /13 /2022 DEDICATED BUILDING SERVICES LLC 1104340 4332600 JANITORIAL -CITY HALL INV16l52 7,500.00 00 01529921 05/13/2022 DEDICATED BUILDING SERVICES LLC 1104344 4331000 JANITORIAL -PORTOLA CC INVl6152 1,311.78 00 01529921 05 /13 /2022 D EDICATED BUILDING SERVICES LLC 4254430 4395000 C HANG E ORDER NO. I TO PROVIDE INVl6l52 2,800.00 00 01529921 05/13/2022 DEDICATED BUILDING SERVICES LLC 5 104195 4369500 JANITORIAL -SHEFIFF SUBSTA TIO INVl6152 5,750 .00 Report Date 05/13 /2022 Page 4 City & HousinQ Page 29 of 658 City of Palm Desert Check Register 5/13 /2022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 15 29921 05/13 /2022 DEDICATED BUILDING SERVICES LLC 5 104195 4369601 JA NITORIAL -PARK.VIEW OFFICE INV16152 11 ,500.00 00 01529921 05/13/2022 DEDICATED BUILDING SERVICES LLC 5 10419 5 4369800 JANITORIAL -HENDERSON CC INVl6152 500.00 00 01529922 05/13 /2022 DEPARTMENT OF JUSTICE 1104210 4390400 FY 21/22 Blood alcohol analysi 575980 70.00 00 0 1529922 05/13 /2022 DEPARTMENT OF JUSTICE 1104210 4390400 FY 21/22 Blood alcohol analysi 576093 35.00 00 0 1529923 05/13 /2022 DESERT AIR CONDITIONING INC. 2304220 433 1000 HV AC repairs -fire Station #6 225593 1,338.89 00 01529923 05/13 /2022 DESERT AIR CONDITIONING INC. 5104195 4369601 HVAC repairs -Park View Ste# 225284 189.00 00 01529924 05 /13/2022 DESERT BUSINESS INTERIORS LLC 1104300 4404000 ADDITIO AL FUNDS FOR FURNITURE 24684 2,046.17 00 01529924 05/13 /2022 DESERT BUSINESS INTERIORS LLC 1104300 4404000 ADDITIONAL FUNDS FOR FU RNITURE 24685 2,234.74 00 01529924 05/13 /2022 D ESERT BUSINESS INTERIORS LLC 1104300 4404000 ADDITIONAL FUNDS FOR FURNITURE 24692 1,722 .92 00 01529925 05/13 /2022 DESERT NAPA AUTO PARTS 1104310 4332000 Corp Yard -Supplies 927828 35.55 00 01529926 05 /13/2022 DESERT PIPE & SUPPLY 11 04340 4331000 sewage pump -City Hall 16403430 568.22 00 01529927 05/13/2022 DESERT RECREATION DISTRICT 1104344 4309000 SERVICES FOR PORTOLA COMMUN ITY 3 189 9 ,745.4 1 00 01529927 05/13/2022 DESERT RECREATION DISTRICT I 104610 4309200 SERVICES FOR C ITY PARKS AND 3188 42,714 .02 00 01529928 05 /13/2022 DESERT RECYCLING INC 1104310 4332000 RECYCLING FACILITY FOR DISPOSA 15287 637.00 00 01529929 05/13/2022 Desert Sewer Supply In c I 104310 4332000 Rplcd Grates on El Paseo 24829 1,163.75 00 01529930 05 /13 /2022 DRAGON'S EXTERMINATOR 1104610 4331000 PEST CONTROL-CIVIC CENTER PA 89214444 50.00 00 01529930 05 /13 /2022 DRAGON'S EXTERMINATOR 1104611 4331000 PEST CONTROL -PARK BULDINGS 89214444 180.00 00 01529930 05 /13 /2022 DRAGON'S EXTERM INATOR 1104 611 4391000 PEST CONTROL -COMMUNITY GARDE 89214444 10.00 00 01529931 05/13 /2022 EISEN HOWER OCCUPATIONAL HEA L TH SVO:Rl4154 4305600 DOT 125227 320.00 00 0 1529932 05 /13/2022 ELECNOR BELCO ELECTRIC INC. 2 130000 2060000 RETENT Pl 15302/C39260 RETNT 14-0551 -01 -529.0 I 00 01529932 05/13 /2022 ELECNOR BELCO ELECTRlC INC . 2 134250 5000906 TRAFF IC S IGNAL HARDWARE UPGRAD I 4-055 1-003 10,580.25 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 234LD4 MAINTENANCE FBN4442273 115 .25 00 01529933 05/13 /2022 ENTERPRISE FM TRUST I 104331 4334000 22V3PJ MAINTENANCE FBN4442273 90.83 00 0 15 29933 05/13 /2022 ENTERPRISE FM TRUST 110433 1 4334000 22V3QC MAINTENANCE FBN4442273 90.83 00 0 1529933 05/13 /2022 ENTERPRIS E FM TRUST 1104331 4334000 22V3RD MAINTENANCE FBN4442273 86.97 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V458 MAINTENA CE FBN4442273 90.83 00 01529933 05/13 /2022 ENTERP RIS E FM TRUST 1104331 4334000 22V3PN MAINTENANCE FBN4442273 90 .83 Report Date 05 /13 /2022 Page 5 City & Housing Page 30 of 658 C ity of Palm D esert Check Register 5/13/2022 -5/13/2022 Ba nk ID Ch eck N umb er Ch ec k D ate Ve ndo r N ame A ccoun t N umb e r T ran sa ction D esc In voic e A mount Paid 00 0 1529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3S3 MAINTENANCE FBN4442273 90.83 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3PC MAINTENANCE FBN4442273 90.83 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MTQF MAINTENANCE FBN4442273 117 .74 00 0 1529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MG3C MAINTENANCE FBN4442273 88.96 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MG3H MAINTENANCE FBN4442273 88.96 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MG55 MAINTENANCE FBN4442273 86.97 00 01529933 05/13 /2022 ENTERPRIS E FM TRUST 1104331 4334000 22MG58 MAI TENA CE FBN4442273 73.67 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22MTQG MAINTENANCE FBN4442273 115 .93 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MG42 MAINTENANCE FBN4442273 86 .97 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22MG5R MAINTE A CE FBN4442273 90 .83 00 01529933 05 /13 /2022 ENTE RPRIS E FM TRUST 1104331 4334000 22MG5W MAINTENANCE FBN4442273 90.83 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MTQB MAINTENANCE FBN4442273 126.15 00 01529933 05/13/2022 ENTERPRISE FM TRUST 1104331 4334000 22MTQD MAINTENANCE FBN4442273 120 .73 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MG34 MAINTENA CE FBN4442273 90.83 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22MG4H MAINTENANCE FBN4442273 86.97 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22MG3S MAINTENANCE FBN4442273 73.67 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22MG5X MAINTENANCE FBN4442273 90.83 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MG63 MAINTENANCE FBN4442273 90.83 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22MP7V MAINTENANCE FBN4442273 90.83 00 01529933 05/13/2022 ENTERPRISE FM TRUST 11 04331 4334000 22V3QW MAINTENANCE FBN4442273 90.83 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 11 04331 4334000 22V3MJ MAINTENANCE FBN4442273 90 .83 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3NF MAINTENANCE FBN4442273 90 .83 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3P3 MAINTENANCE FBN4442273 90.83 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3P5 MAINTENANCE FBN4442273 90 .8 3 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3P8 MAINTENANCE FBN4442273 90.83 00 01529933 05/13/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3P8 ADDlTIO AL MAINTENANCE FBN4442273 67.00 00 0 1529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 234LD4 LEASE FBN4442273 910.24 Report Date 05 /13 /2022 Page 6 City & Housing Page 31 of 658 C ity of Palm D esert Check Register 5/13/2022 -5/13 /2022 Bank ID Ch ec k Numb e r Ch eck Date Ve ndor N am e A ccount N umb e r T ransa ction Des c In voic e A mount Paid 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3PJ LEASE FBN4442273 652.46 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3QC LEASE FBN4442273 659.59 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3RD LEASE FBN4442273 388.44 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V458 LEASE FBN4442273 638.93 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 5304331 4344000 22V3PN LEASE FBN4442273 665.88 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3S3 LEASE FBN4442273 652.46 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3PC LEASE FBN4442273 652.46 00 01529933 05 /1 3/2022 ENTERPRISE FM TRUST 530433 1 4344000 22MTQF LEASE FBN4442273 988 .29 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22MG3C LEASE FBN4442273 699.00 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG3H LEASE FBN4442273 669.33 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG55 LEAS E FBN4442273 543 .38 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG58 LEASE FBN4442273 535.52 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MTQG LEASE FBN4442273 910 .77 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG42 LEASE FBN4442273 479 .23 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG5R LEASE FBN4442273 590.37 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG5W LEASE FBN4442273 582.39 00 01529933 05 /13/2022 ENTE RPRIS E FM TRUST 5304331 4344000 22MTQB LEASE FBN4442273 1,002.40 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22MTQD LEASE FBN4442273 1,001.65 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG34 LEASE FBN4442273 596.17 00 0 1529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG4H LEASE FBN4442273 473.25 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG3S LEASE FBN4442273 448 .52 00 01529933 05 /13/2022 ENTERPRIS E FM TRUST 5304331 4344000 22MG5X LEASE FBN4442273 582 .39 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 5304331 4344000 22MG63 LEASE FBN4442273 582.39 00 0 1529933 05/13 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22MP7V LEASE FBN4442273 594.40 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3QW LEASE FBN4442273 587 .93 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3MJ LEASE FBN4442273 618 .74 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3NF LEA SE FBN4442273 615.78 Report Date 05 /13 /2 022 Page 7 City& 0 !n Page 32 of 658 City of Palm Desert Check Register 5/13/2022 -5/13/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3P3 LEASE FBN4442273 652.46 00 01529933 05/13 /2022 ENTERPRIS E FM TRUST 5304331 4344000 22V3P5 LEASE FBN4442273 652.46 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3P8 LEASE FBN4442273 652.46 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 234LD4 MAINTENANCE FBN4464109 118 .92 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 11 04331 4334000 22V3PJ MAINTENANCE FBN4464109 94.50 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST I 10433 1 43 34000 22V3QC MAINTENANCE FBN4464109 94.50 00 01529933 05 /13/2022 ENTERPRISE FM TRUST I 104331 43 34000 22V3RD MAlNTENA C E FBN4464109 90.64 00 01529933 05/13 /2022 ENTERPRISE FM TRUST I 104331 4334000 22V458 MAINTENANCE FBN4464109 94.50 00 01529933 05 /13/2022 ENTE RPRISE FM TRUST I 104331 4334000 22V3PN MAlNTENANCE FBN4464109 94.50 00 01529933 05 /1 3/2022 ENTERPRIS E FM TRUST 1104331 4334000 22V3S3 MAINTENANCE FBN4464109 94 .50 00 0 15 29933 05/13 /2022 ENTERPRIS E FM TRUST 1104331 4334000 22V3PC MAINTENANCE FBN4464109 94 .50 00 01529933 05 /1 3/2022 ENT ERPRISE FM TRUST I 104331 4334000 22MTQF MAINTENANCE FBN4464109 121.41 00 01529933 0 5/13 /2022 ENTERPRISE FM TRUST I 104331 4334000 22MG3C MAINTENANCE FBN4464109 92 .63 00 0 1529933 05 /1 3/2022 ENTERPRISE FM TRUST I 104331 4334000 22MG3H MAINTENANCE FBN4464109 92 .63 00 01529933 05/13 /2022 ENTERPRISE FM TRUST I 104331 4334000 22MG55 MAINTENA CE FBN4464109 90 .64 00 01529933 05/13 /2022 ENTERPRISE FM TRUST I 104331 4334000 22MG58 MAINTENANCE FBN4464109 77.34 00 01529933 05/13/2022 ENTERPRISE FM TRUST I 104331 4334000 22MTQG MAI TENANCE FBN4464109 119 .60 00 01529933 05/13 /2022 ENTERPRISE FM TRUST I 104331 4334000 22MG42 MAlNTENA C E FBN4464109 90 .64 00 01529933 05 /13/2022 ENTERPRISE FM TRUST I 104331 4334000 22MG5R MAINTENANCE FBN4464109 94 .50 00 01529933 05/13/2022 ENTERPRISE FM TRUST I 104331 4334000 22MG5W MAINTENANCE FBN4464109 94 .50 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST I 104331 4334000 22MTQB MAINTENANCE FBN4464109 129 .82 00 01529933 0 5/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MTQB ADDITIONAL MAlNTENANCE FBN4464109 95 .00 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MTQD MAINTENANCE FBN4464109 124.40 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MTQD ADDITIONAL MAINTENANCE FBN4464 109 95.00 00 0 1529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MG34 MAINTENANCE FBN4464109 94 .50 00 01529933 05 /13/2022 ENTERPRISE FM TRUST I 104331 4334000 22MG4H MAINTENANCE FBN4464109 90.64 00 01529933 05/13/2022 ENTERPRISE FM TRUST I 104331 4334000 22MG3S MAINTENANCE FBN4464109 77.34 Report Date 05 /13/2022 Page 8 City & Housin a Page 33 of 658 City of Palm Desert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01529933 05/13/2022 ENTERPRISE FM TRUST 11 04331 4334000 22MG5X MAINTENANCE FBN4464109 94.50 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MG63 MAINTENA CE FBN4464l09 94.50 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22MP7V MAINTENANCE FBN4464109 94.50 00 01529933 05/13/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3QW MAINTENANCE FBN4464l09 94.50 00 01529933 05/13/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3MJ MAINTENA CE FBN4464l09 94 .50 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3MJ ADDITIONAL MAINTENANCE FBN4464l09 67 .00 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3NF MAlNTENANCE FBN4464l09 94.50 00 01529933 05/13/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3P3 MAINTENANCE FBN4464l09 94.50 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3P5 MAINTENANCE FBN4464l09 94.50 00 01529933 05 /1 3/2022 ENTERPRIS E FM TRUST 1104331 4334000 22V3P8 MAINTENANCE FBN4464l09 94 .5 0 00 01529933 05 /13 /2022 ENTERPRIS E FM TRUST 5304331 4344000 234LD4 LEASE FBN4464l09 910 .24 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3PJ LEASE FBN4464l09 652.46 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3QC LEASE FBN4464109 659.59 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3RD LEASE FBN4464l09 388 .44 00 01529933 05/13/2022 ENTERPRISE FM TRUST 5304331 4344000 22V45 8 LEASE FBN4464l09 638 .93 00 0 1529933 05 /13 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22V3PN LEASE FBN4464109 665 .88 00 01529933 05/13 /2022 ENTERPRIS E FM TRUST 5304331 4344000 22V3S3 LEASE FBN4464l09 652.46 00 01529933 05/13 /2022 ENTERPRIS E FM TRUST 5304331 4344000 22V3PC LEASE FBN4464l09 652.46 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MTQF LEASE FBN4464l09 833 .1 6 00 01529933 05/13/2022 ENTERPRISE FM TRUST 5304331 4344000 22MG3C LEASE FBN4464109 699 .00 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG3H LEASE FBN4464l09 669 .33 00 01529933 05 /1 3/2022 ENTERPRISE FM TRUST 5304331 4344000 22MG55 LEASE FBN4464109 543 .38 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG58 LEASE FBN4464109 535 .52 00 01529933 05/13/2022 ENTERPRISE FM TRUST 530433 1 4344000 22MTQG LEASE FBN4464109 910.77 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 5304331 4344000 22MG42 LEASE FBN4464l09 479.23 00 01529933 05/13/2022 ENTERPRISE FM TRUST 5304331 4344000 22MG5R LEASE FBN4464l09 590.37 00 01529933 05 /1 3/2022 ENTERPRISE FM TRUST 5304331 4344000 22MG5W LEASE FBN4464l09 582.39 Report Date 05 /13/2022 Page 9 Ci & Housing Page 34 of 658 City of Palm Desert Check Register 5/13/2022 -5/13/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MTQB LEASE FBN4464109 1,002.40 00 01529933 05 /13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MTQD LEASE FBN4464109 1,001.65 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG34 LEASE FBN4464109 596.17 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG4H LEASE FBN4464109 473 .25 00 01529933 05 /13/2022 ENTERPRISE FM TRUST 5304331 4344000 22MG3S LEASE FBN4464109 448 .52 00 0 1529933 05/13/2022 ENTERPRISE FM TRUST 5304331 4344000 22MG5X LEASE FBN4464109 582 .39 00 01529933 05 /13/2022 ENTERPRIS E FM TRUST 5304331 4344000 22MG63 LEASE FBN4464109 582.39 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MP7V LEASE FBN4464109 594.40 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3QW LEASE FBN4464109 587.93 00 01529933 05 /13/2022 E TERPRISE FM TRUST 5304331 4344000 22V3MJ LEASE FBN4464109 618 .74 00 01529933 05/13 /2022 ENTERPRIS E FM TRUST 5304331 4344000 22V3NF LEASE FBN4464109 615.78 00 01529933 05 /13 /2022 ENTERPRIS E FM TRUST 5304331 4344000 22V3P3 LEASE FBN4464109 652.46 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3P5 LEASE FBN4464109 652.46 00 01529933 05/13 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V3P8 LEASE FBN4464109 652.46 00 01529934 05/13 /2022 ENVIROTEK CORPORATION 1104310 4391502 Graffiti Removal Supplies C-3 I 78 1,262 .37 00 0 15 29935 05 /13/2022 ESRJ 1100000 1430100 ARC GIS 7/1/22 -3/24/23 94234267 15 ,375.00 00 01529935 05 /13 /2022 ESRI I 104190 4336000 ARC GIS 3/25 /22-6/30/22 94234267 5,125 .00 00 01529936 05 /13 /2022 FAMILY YMCA OF THE DESERT 1104416 4306101 Kids Activities MAY 5,2022 300.00 00 01529937 05 /13 /2022 FEDERAL EXPRESS CORP. 1104300 4366000 FEDEX LATE F EE INV 7-710-55683 7-7 10-55683-6 11.9 1 00 0 1529937 05/13/2022 FEDERAL EXPRESS CORP. 1104470 4366000 FED EX CHARGE 4/29/22 7-747-04945 68.16 00 0 1529937 05 /13/2022 FEDERAL EXPRESS CORP. I 104470 4366000 FEDEX LATE FEE INV 7-710-55684 7-710-55 684-1 5.46 00 01529938 05 /13/2022 FG CREATIVE INC 2424549 4309000 Advertising Services-PDACC 10027 1,400.00 00 01529938 05/13/2022 FG CREATIVE INC 2714491 4321500 Advertising Services-EPPBID 10020 7,450.00 00 01529939 05/13 /2022 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 COFFEE I KITCHEN SPL YS -CITY 707974 293.58 00 01529939 05 /13/2022 FIRSTCHOICE COFFEE SERVICE I 104340 4219000 COFFEE I KITCHEN SPL YS -CITY 708092 98.07 00 01529940 05 /13/2022 FOSTER GARDNER INC . I 104610 4332001 FERTILIZER-CC PARK 257281 4 ,025.31 00 01529941 05/13/2022 FULTON DISTRIBUTING 1104340 4219000 SUPPLY AS NEEDED VARIO US JANIT 569697 1,145.2 8 Report Date 05 /13/2022 Page 10 City & Housing Page 35 of 658 City of Palm Desert Check Register 5/13/2022 -5/13/2022 Bank ID Check Number Check Date Vendor Na me Account Number Transaction Desc Invoice Amount Paid 00 01529941 05 /13/2022 FULTON DISTRIB UTING 1104611 4219000 TRASHCAN LINERS -PARKS 569298 694.37 00 01529942 05/13/2022 GAME TIME 1104611 4332501 bench clamps -Cahuilla Prk LM P JI-0182584 31.27 00 01529943 05/13 /2022 GRIFFITHS FENCE 1104611 4332501 FENCE REPAIRS -PARKS 3568 780 .00 00 01529944 05 /13 /2022 H & H GENERAL CONTRACTORS INC 45 10000 2060000 RETENT Pl 15359/C37040A LINE I RETENT PP#! I -13,957.11 00 01529944 05/13/2022 H & H GENERAL CO TRACTORS INC 4514692 4400100 PRESIDENT'S PLAZA EAST AND WES PP#! I 279,142.22 00 01529945 05/13 /2022 HAMET, DENISE SCHURECK 1100000 1150100 ICSC 5/21 -5/24 HOTEL DH HOTEL ADV -HAMET 633.54 00 01529945 05 /13 /2022 HAMET, DE !SE SCHURECK 1100000 1150100 ICSC 5/21-5/24 PERDIEM DH PER DIEM -HAMET 241.50 00 01529945 05 /13/2022 HAMET, DENISE SCHURECK 1100000 1150100 ICSC 5/21-5/24 MrLEAGE DH MILEAGE ADV-DH 13.46 00 01529945 05/13 /2022 HAMET, DENISE SCHURECK I 100000 1150100 ICSC 5/21 FLIGHT DH AIRFARE HAMET 217.96 00 01529945 05/13 /2022 HAMET, DENISE SCHURECK 1100000 1430100 ICSC DUES JUL Y22-AP23 381976 DH 104.17 00 01529945 05/13 /2022 HAMET, DENISE SCHURECK 1104154 4305600 Live Scan 03092022DH 61.00 00 01529945 05/13 /2022 HAMET, DENISE SCHURECK 1104430 4312000 ICSC DUES MA Y22-JUNE23 HD 381976 DH 20.83 00 01529945 05 /13 /2022 HAMET, DENISE SCHURECK 1104430 4312000 ICSC 5/21-5/24 CONF REG 381999 DH 975.00 00 01529946 05/13 /2022 HAMMER PLUMBING AND PUMPING TNC. 1104611 4331000 CAHUILLA HILLS PARK RESTROOM T 22104-1 380.00 00 01529946 05/13 /2022 HAMMER PLUMBING AND PUMPING INC . 2304220 4331000 plumbing srvcs -Fire Station 22610-3 295 .00 00 0 1529946 05 /13 /2022 HAMMER PLUMBING AND PUMPING INC. 2304220 4331000 plumbing srvcs -Fire Station 22610-4 355 .00 00 01529946 05/13 /2022 HAMMER PLUMBING AND PUMPING INC. 2304220 4400100 plumbing srvcs -Fire Station 22610-5 1,695 .00 00 01529947 05/13 /2022 HARNIK, JAN C. I 100000 1150100 ICSC 5/21-5 /24-HOTEL JA H. HOTEL ADV-JH 595 .93 00 01529947 05 /13/2022 HARN IK, JAN C. 1100000 1150100 ICSC 5/21-5 /24-PER DIEM JAN H. PER DIEM-JH 241 .50 00 01529948 05/13 /2022 HF&H CONSUL TA TS LLC 2364195 4309000 PROVIDE SOLID WASTE, RECYCLING 9719127 6,665.25 00 0 1529949 05/13 /2022 HIGH TECH IRRIGATION INC. I 104610 4219000 wasp and hornet spray CC LMA I 713535 21.33 00 01529949 05 /13 /2022 H1GH TECH IRRIGATION INC . I 104610 4332001 fertilizer -Magnesia Falls L 71 1680 1,955 .66 00 01529949 05/13/2022 HIGH TECH IRRIGATION INC. I 104310 4332000 Corp Yard -Supplies 712449 213.83 00 01529949 05/13 /2022 HIGH TECH IRRIGATION INC. 1104310 4332000 Corp Yard - Suppl ies 712941 123.64 00 01529950 05 /13 /2022 HORIZON LIGHTING INC . 2304220 4304201 Fire Station 67 Ceiling Fans 281338 6,236.41 00 0 1529950 05/13 /2022 HORIZON LIGHTING INC. 2304220 4331000 FY 21/22 -Elect/Light Svcs -281336 1,866.40 00 0 1529951 05/13 /2022 HORIZON PROFESSIONAL LANDSCAPE 1104614 4337001 DESERT WILLOW LOWER PARKING LO 6282 996 .00 Report Date 05 /13 /2022 Page l l City & Housina Page 36 of 658 City of Palm Desert Ch eck R egister 5/13/2022 -5/13/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoic e Amount Paid 00 01529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2734680 4332000 LMA 7 DESERT MIRAGE 6276 500.00 00 01529951 05/13 /2022 HORlZON PROFESSIONAL LANDSCAPE 2734682 4332000 LMA 7 PRIMEROSE II 6276 300.00 00 01529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754643 4332000 LMA 7 DIAMONDBACK 6276 100 .00 00 01529951 05 /13 /2022 HORlZON PROFESSIONAL LANDSCAPE 2754680 4332000 LMA MONTEREY MEADOWS 6276 125 .00 00 01529951 05/13 /2022 HORIZON PROFESSIO AL LANDSCAPE 2754681 4332000 LMA 7 THE GLEN 6276 260.00 00 01529951 05/13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754682 4332000 LMA 7 HOVLEY EST A TES 6276 135 .00 00 01529951 05/13/2022 HORIZON PROFESSIONAL LANDSCAPE 2754683 4332000 LMA 7 SONATA I 6276 325 .00 00 01529951 05 /13/2022 HORIZON PROFESSIONAL LANDSCAPE 2754684 4332000 LMA 7 SONATA II 6276 450.00 00 01529951 05/13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754685 4332000 LMA 7 HOVLEY COLLECTION 6276 350.00 00 01529951 05/13 /2022 HORIZON PROFESS!O AL LA DSCAPE 2754686 4332000 LMA 7 LA PALOMA I 6276 145 .00 00 01529951 05/13 /2022 HORIZON PROF ESS IONAL LANDSCAPE 2754687 4332000 LMA 7 LA PALOMA II 6276 145 .00 00 01529951 05/13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754693 4332000 LMA 7 LA PALOMA Ill 6276 125.00 00 01529951 05/13/2022 HORIZON PROFESSIONAL LANDSCAPE 2754694 4332000 LMA 7 SANPIPER COURT 6276 150 .00 00 01529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754695 4332000 LMA 7 SANP!PER COURT WEST 6276 155 .00 00 01529951 05 /13 /2022 HORIZON PROFESSIONAL LA fDSCAPE 2754696 4332000 LMA 7 HOVLEY COURT WEST 6276 225 .00 00 01529951 05/13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754697 4332000 LMA 7 PALM COURT 6276 100.00 00 01529951 05 /13 /2022 HORlZON PROFESSIO ALLA DSCAPE 2784374 4332000 LMA 7 VINEY ARDS 6276 200.00 00 01529951 05 /13 /2022 HORIZON PROFESSIO ALLA DSCAPE 2794374 4332000 LMA 7 WARING COURT 6276 195 .00 00 01529951 05/13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2804374 4332000 LMA 7 PALM GATE 6276 120.00 00 01529951 05/13/2022 HORIZON PROFESSIONAL LANDSCAPE 2814374 4332000 LMA 7 THE GROVE 6276 460.00 00 0 1529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332000 LMA 7 PRESIDENTS PLAZA Ill 6276 460.00 00 01529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2834374 4332000 LMA 7 PORTOLA PLACE 6276 190.00 00 01529951 05/13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2854374 4332000 LMA 7 KAUFMAN & BROAD 6276 900.00 00 0 1529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2864374 4332000 LMA 7 CANYON CREST 6276 260.00 00 01529951 05 /13/2022 HORIZON PROFESSIONAL LANDSCAPE 2874374 4332000 LMA 7 COLLEGE VIEW ESTATES II 6276 290.00 00 01529951 05/13/2022 HORlZON PROFESSIONAL LANDSCAPE 2874680 4332000 LMA 7 THE BOULDERS 6276 460.00 00 01529951 05/13/2022 HORIZON PROFESSIONAL LANDSCAPE 2874681 4332000 LMA 7 SUNDANCE WEST 6276 255.00 Report Date 05/13 /2022 Page 12 City & Housino Page 37 of 658 City of Palm Desert Ch eck Register 5/13/2022 -5/13/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 1529951 05/13 /2022 HORIZON PROF ESS IONAL LANDSCAPE 2874682 4332000 LMA 7 PETUN IA I 6276 300.00 00 0 1529951 05 /13 /2022 HORIZON PROFESSIO AL LANDSCAPE 2874683 4332000 LMA 7 SUNDANCE EAST 6276 140.00 00 01529951 05/13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874684 4332000 LMA 7 COLLEGE VIEW EST A TES I 6276 260.00 00 01529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2994374 4332000 LMA 7 PALM DESERT CC 6276 480 .00 00 01529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 4414195 4332000 DESERT WILLOW PERIMETER 6285 3,020 .00 00 01529951 05/13/2022 HORIZON PROFESSIONAL LANDSCAPE 4414195 4332000 DESERT WILLOW PERIMETER 6286 2,836.65 00 01529951 05/13/2022 HORlZON PROFESSIO AL LANDSCAPE 4414195 4332000 DESERT WlLLOW PERIMETER 6282 7,640.00 00 0 1529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874374 4332100 irrig ation repairs -Collage V 6289 90.00 00 01529951 05 /13 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874684 4332100 irrigation repa irs -Collage V 6288 270.00 00 01529952 05/13/2022 ICMA 1100000 1430100 ICMA DUES 22 /23 AL ICMA-AL2022 150 .00 00 01529952 05 /13 /2022 ICMA 11 00000 1430100 !CMA DUES 22 /23 TS ICMA-TS2022 150 .00 00 01529952 05/13 /2022 ICMA 1100000 1430100 7/1/22-7/29 /22 !CMA ENROLL AR lCMA-AR2022-REG 665 .00 00 01529952 05 /13/2022 ICMA 1104340 4312000 4/25 /22-6/60/22 ICMA ENROLL AR ICMA-AR2022-REG 1,330.00 00 01529953 05/13 /2022 IMAGE SOURCE 1104190 4342000 Usage and supplies -New 60 mo 25ARl437773 1,164 .7 5 00 0 1529954 05/13 /2022 IMPERIAL IRRIGA TTON DISTRICT 1104250 4351400 S/W COR CC WSH 50 ! 55642-AP22 61.12 00 01529954 05/13 /2022 IMPERIAL IRRIGA TJON DISTRICT 1104250 4351400 S/W COR CC WSH 50 I 55645-AP22 60.81 00 0 1529954 05 /13 /2022 IMP ERIAL IRRIGATION DISTRICT I 104250 4351400 40996 WASH ST TRF SIGNAL 50524526-AP22 70.59 00 01529955 05/13 /2022 IMP ERIAL SPRINKLER SUPPLY INC 1104 61 I 433200 1 irrigation supplies -LMA I 6 5065143 -00 400.75 00 01529955 05/13 /2022 IMPERIAL SPRINKLER SUPPLY INC 1104611 4332001 irrigation supplies -LMA 16 5065143-01 507.61 00 0 1529956 05 /13/2022 J & W CARPET & UPHOL CLEANERS 11 04344 4331000 CARPET C LEANING -PDCC 7445 175.00 00 01529957 05/13 /2022 JON 'S FLAGS & POLES IN C I 104416 4306101 US Flag F86303 612.56 00 01529958 05 /13/2022 JOV ANNI JIMENEZ 1104154 4305600 Live Scan 04l 122JJ 62 .00 00 0 1529959 05/13 /2022 JTB SUPPLY COMPANY INC . 1104250 4332500 SUPPLY TRAFFIC SIGNAL POLES ON 110172 9,4 16 .50 00 01529959 05/13 /2022 JTB SUPPLY COMPANY INC. I 104250 4332500 SUPPLY 12 -NAIM LED RETROFIT 110313 6,033.15 00 01529959 05/13 /2022 JTB SUPPLY COMPANY INC . 1104250 4332500 traffic supplies 110312 473.24 00 0 1529960 05 /13/2022 Ju stin Finn I 10441 6 4306201 Yum Food Fest Sponsorship 0007 5,000.00 00 0 1529961 05/13 /2022 Kas sie Levine 1104154 4312500 Lunch New Hires 04/26/2022 04262022KL 154 .60 Report Date 05 /13/2022 Page 13 City & Housing Page 38 of 658 City of Palm Desert Check Register 5/13/2 0 22 -5/13/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 1529962 05 /13/2022 KEYSER MARSTON ASSOCIATES INC 11 04430 4309 102 Review and consult on developm 0036591 770.00 00 0 1529962 05/13 /2022 KEYSER MARSTON ASSOC IATES INC 11 04430 4309102 Review and consult on developm 0036692 4,410.00 00 0 1529963 05/13 /2022 KOA CORPORATION 2 134327 5000903 AMENDMENT NO. 2 FOR ENG!NEERIN JC22036-2 5,003 .88 00 01529964 05/13/2022 LA PRENSA HISPANA 1104111 4321000 Housing Authority Publication 717 180 .00 00 01529965 05/13/2022 LA WREN CE, AMY 4360000 1150100 AFT AConf 5/17-5 /2 1/22 Lawrence AFTAMEALS 355 .50 00 01529965 05/13/2022 LA WREN CE, AMY 4360000 11 50100 AFTAConf 5/17-5 /2 1/22 Lawrence AFT A LODGING 1,144.92 00 0 1529965 05 /13/2022 LA WREN CE, AMY 4360000 1150100 AFTAConf 5/17-5/2 1/22 Lawrence AFTA AIRFARE 627 .21 00 01529966 05 /13 /2022 LOCK SHOP INC. 11 04340 4219000 keys for cabinets -City Ha ll AA00062949 9.54 00 01529966 05 /13 /2022 LOCK S HOP INC . 1104 61 1 4331000 locks for soccer park -LMA 16 111093 335.42 00 01529966 05 /1 3/2022 LOCK SHOP INC. 11 04211 4306001 COPS Ke y Rep lacement 8B00550513 35.29 00 01529967 05 /13 /2022 LOWE'S HOME CENTERS INC . 1104340 4219000 air vent diffuser -City Ha ll 973 170 -042722 12 8.96 00 0 15 29967 05/13 /2022 LOWE'S HOME CENTERS INC . 11 04614 4219000 work tools suppl ies -LMA 1 9023 74-041222 199.07 00 01529968 05 /13/2022 MAGER, VANES SA 1104416 4306 101 Food & Bev for Bands 05 .05.2022 93 .90 00 01529969 05 /13/2022 MARIANA RJOS-WOODY 11 041 54 4309501 Employee Appreciation 5116228 156 .27 00 01529970 05/13 /2022 MCCOY,DAWN 1104417 4309000 Dawn McCoy Medi a COPD522 3,000 .00 00 01529971 05/13/2022 MENDOZA, LIISA MARIE 110441 6 4306 101 ASL for Concert in the Park 5/19/2022 180 .00 00 01529972 05 /13/2022 M ENDOZA, LIISA MARJE 1104416 4306101 ASL for Concert in the Park 5/26/2022 180 .00 00 01529973 05/13 /2022 M IKE MALONEY ENTERTA INMENT LLC 11 04416 4306 101 Sprin g Concert Series 21580 5,000.00 00 0 15 29974 05/13 /2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti Removal Supplies 2204-1 72440 23.42 00 0 15 29975 05 /1 3/2022 PALM DESERT ACE HARDWARE 1104340 4219000 ceeling hook -City Hall 236 123 3.01 00 01529975 05 /13/2022 PALM D ESERT ACE HARDWARE 1104340 4219000 ro pe and anc hors - City Hall 236203 63 .08 00 01529975 05 /13 /2022 PALM DESERT ACE HARDWARE 1104611 4219000 duct tape/WD-40 LMA 16 236089 23.25 00 0 1529975 05 /13/2022 PALM D ESERT ACE HARDWARE 1104 800 4388500 shower valve re pl aceme nt -Art 236029 18 .00 00 0 1529976 05/13 /2022 PALM DESERT CHARTE R MIDDLE PTO 1104800 4388100 OA FY20 2 l-2022 C41650F 9,991.9 1 00 0 1529977 05/13 /2022 PATTON DOOR & GA TE 2304220 4331000 motor vent replacement -FS #3 86 155 650 .00 00 01529978 05/13 /2022 POWERS A WARDS 11042 11 430600 1 COPS Name Badge 1515 70 10 .24 00 01529979 05 /13/2022 POWERSTRID E BATTERY COM PA NY INC I 104331 4334000 New Batteries for Golf Cart P695204 1,041.24 Report Date 05 /13 /2022 Page 14 City & Housing Page 39 of 658 C ity of Palm D esert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Numb er Check D ate Ve ndor Na me Account Numb er T ransa ction D esc Invoic e A mount Paid 00 01529980 05 /13/2022 PPG ARCHITECTURAL F INISHES I 1043 IO 4391502 Graffiti Removal Supplies 972202088618 130.29 00 01529981 05/13 /2022 PRINET.COM 4364650 4309200 Web Host 2/15 /2022-5/1 5/2022 6845 54.00 00 01529982 05/13/2022 PROFORMA SOCAL I 104154 4219000 Business Cards BH49002602A 108 .31 00 01529982 05 /13 /2022 PROFORMA SOCAL 1104154 4219000 Business Cards BH49002476A 34.55 00 01529982 05 /13 /2022 PROFORMA SOCAL 1104154 4219000 Business Cards BH49002636A 203.92 00 01529983 05 /13 /2022 PROPER SOLUTIONS INC . 11 04 154 4303600 Temp Emp loyee 13180 991.20 00 01529983 05/13 /2022 PROPER SOLUTIONS INC . 1104154 4303 600 Temp Employee 13210 1,076.16 00 01529984 05/13 /2022 PYRAMID E USA INC 2420000 2070200 SALES TAX (7.75 %) 13083 -523 .09 00 01529984 05/13/2022 PYRAMID E USA INC 2420000 2070200 SALES TAX (7 .75 %) 13084 -568 .56 00 01529984 05 /1 3/2022 PYRAMID E USA INC 2420000 2070200 SALES TAX (7 .75 %) 13113 -523 .09 00 01529984 05/13 /2022 PYRAMIDE USA INC 2424549 4400100 SUPPLY AN AQUA ZIP 'N ZIPLINE A 13083 7,824 .55 00 01529984 05 /1 3/2022 PYRAMIDE USA INC 2424549 4400100 ESTIMATED 7.75 % SALES TAX OT 13083 523 .09 00 01529984 05 /13 /2022 PYRAMIDE USA INC 2424549 4400100 SUPPLY AN AQUA ZIP'N ZIPLINE A 130 84 8,123 .8 0 00 015299 84 05/1 3/2022 PYRAMIDE USA INC 2424549 4400100 ESTIMATED 7 .75 % SALES TAX NOT 13084 568.56 00 015 299 84 05 /13 /2022 PYRAMIDE U SA INC 2424549 4400100 SUPPLY AN AQUA ZIP'N ZIPLINE A 13113 7 ,824.5 5 00 01529984 05/13/2022 PYRAMIDE USA INC 2424549 4400100 ESTIMATED 7.75 % SALES TAX NOT 13113 523.09 00 01529985 05/13 /2022 Q UINN COMPANY 11043 IO 4404500 Purch as e Skid Steer Loader P 11 03066601-A 180 .28 00 0 1529986 05/13 /2022 QUINTANILLA, KARINA I 100000 1150100 ICSC 5/21-5 /24-HOTEL KRNA Q . HOTEL ADV-KQ 595 .93 00 0 1529986 05/13 /2022 QUINT AN ILLA , KARINA 1100000 1150100 ICSC 5 /21-524-PER DI EM KRNA Q . PERDIEM-KQ 241.50 00 01529987 05 /13 /2022 R DEPENDABLE CONSTRUCTION INC 4000000 2060000 RET ENT Pl 15723/C37960E RETENT3169 -6,395 .28 00 0 1529987 05/13 /2022 R DEP ENDABLE CONSTRUCTION INC 4004161 4400100 CONSTRUCTION OF THE C ITY COUNC 3169 127 ,905 .62 00 01529988 05/13 /2022 RADAR SHOP, THE I 104210 4304200 Lidar Service RS-12260 197 .50 00 01529989 05 /1 3/2022 RASIX COMPUTER CENTER I C 1104190 4212000 Toner ID82414 851.59 00 01529990 05/13/2022 RECYCLE AW A Y LLC 2364195 4219000 trash cans for recycle bin RA-19787 ORDER # 267 .30 00 01529991 05 /1 3/2022 ROB ERT HALF INTERNATIONAL INC 1104 154 4303600 Temp Employee 59 855321 1,280 .80 00 01529991 05/13 /2022 ROB ERT HALF INTERNATIONAL INC 1104 154 4303600 Temp Emp loyee 59897899 1,280 .80 00 01529992 05 /13 /2022 SANCHEZ, GLORIA 1104111 4363000 Reimbrsmnt for N.N.A . 7366945 774.48 Report Date 05 /13 /2022 Page 15 City & Housing Page 40 of 658 City of Palm De sert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoic e Amount Paid 00 01529993 05/13 /2022 SIGNARAMA 1104211 4306001 COPS Car Vinyl fNV-109856 537.67 00 01529993 05/13 /2022 SIGNARAMA 11 04331 4334000 Decals for vehicles fNV-112183 203.65 00 01529994 05 /13 /2022 SIMPLOT PARTNERS 1104614 4337001 infill flag s -Hwy 111 medians 208133492 131.88 00 01529995 05 /13 /2022 SITEONE LANDSCAPE SUPPLY LLC 1104610 4219000 irrigation supplies -LMA 17 118356176-001 105 .3 0 00 01529995 05/13 /2022 SITEONE LANDSCAPE SUPPLY LLC 1104610 4332001 irrigation sup plies -LMA 17 117785252-00 I 5 .66 00 01529995 05 /13/2022 SITEONE LANDSCAPE SUPPLY LLC 110461 I 4332001 irrigation s upplies -LMA 16 116896 163-001 64.66 00 01529995 05/13 /2022 SITEONE LANDSCAPE SUPPLY LLC 1104 611 4332001 irrigation clock -LMA 16 117301385-00 I 622 .85 00 01529995 05 /13/2022 SITEONE LANDSCAPE SUPPLY LLC 1104611 4332001 irrigation supp lie s -LMA 16 117785467-00 I 1,584 .72 00 01529995 05/13 /2022 SITEONE LANDSCAPE SUPPLY LLC 1104611 4332001 irrigation supplies -LMA 16 118439415-001 202 .83 00 01529995 05/13 /2022 SITEONE LANDSCAPE SUPPLY LLC 1104614 4337001 irrigation supplies -LMA 9 117914288-00 I 1,090.97 00 01529996 05 /13 /2022 SO CAL GAS 1104340 4351200 735 10 FW City Hall 20092710001-AP22 66.64 00 01529996 05 /13 /2022 SO CAL GAS 1104344 4351200 45480 Portola Avenue 16752512422-AP22 16.05 00 01529996 05/13 /2022 SO CAL GAS 2304220 4351200 44400 Town Ctr Wy -FS#33 06242756002-AP22 173 .79 00 01529996 05/13 /2022 SO CAL GAS 2304220 4351200 73200 Mesa View Dr. -FS#67 05412483009-AP22 91.45 00 01529996 05 /13/2 022 SO CAL GAS 2424549 4351200 73751 Magnesia Fall s -POOL 131495 I 7933-AP22 3,387.09 00 01529996 05 /13/2022 SO CAL GAS 5104195 4369800 72559 Hwy I I I-Henderson 08946430827-AP22 14.30 00 01529997 05 /13/2022 SOULE, THOMAS I 104417 4312500 SCAG Reg Conferen ce CONF 5/5/2 022 250 .00 00 01529997 05 /13/2022 SOULE, THOMAS 1104417 4312500 SCAG Re g Conference PARK.ING 5/5-5 /6 10 .00 00 01529998 05/13 /2022 SOUTHERN CALIFORN IA EDISON 1104250 4351400 PD Srv Area 19 LS-1-E 700400365524AP22 3,089.75 00 01529998 05 /13/2022 SOUTHERN CA LIFORNIA EDISON I 104250 4351400 (14) SHEPHERD N/O CHfNOOK 700413950271AP22 15 .95 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (16) A STREET S/O 42 D 700413950271 AP22 27.8 1 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (21) DAISY/SHEPARD 700413950271AP22 13.73 00 01529998 05 /13/2022 SOUTHERN CALIFORNIA ED ISO N 1104250 4351400 (28) Alpine & Shepherd 700413950271 AP22 13 .73 00 0 1529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON I 104250 4351400 (29) (Shepard Lane / Scholar L 7004 13950271 AP22 27 .8 1 00 01529998 05/13 /2022 SOUTHERN CALIFORNfA EDISON 1104250 4351400 (32) (Jeri Lane) 7004 13 950271 AP22 15 .9 5 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON I 104250 4351400 (33) SHEPHERD /PORTOLA 700413950271 AP22 15 .95 00 01529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (34) PETUNIA 11 (Windflower/Sh 700413950271 AP22 13 .73 Report Date 05/13 /2022 Page 16 City & Housino Page 41 of 658 C ity of P a lm D esert Check Register 5/13/2022 - 5/13 /2022 Bank ID Ch eck Numb er Ch eck Date Ve ndor Nam e A ccount N umb e r T ran sa ction D es c In voic e A mount Paid 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON I !04250 4351400 (35) COLLEGE VIEW Ill (Acad/Sh 7004 l 3950271AP22 13.73 00 0 1529998 05/13 /2022 SOUTH ERN CALIFORNIA EDISON 1104250 4351400 Street lites LS-3 600001510277MR22 3,985.12 00 0 1529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 Street lites LS-3 600001510277MA22 69.24 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 TRAFFIC SIGNALS TC-l 600001002544MR22 7,243 .69 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA ED ISON 1 104330 4351400 74705 42nd PED 700 l l 7253442AP22 1,347.90 00 0 1529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 1104340 4351400 43980 1/2 San Pa blo Rd 700339281893MY22 3,587.64 00 01529998 05 /13/2022 SOUTHERN CALIFORNIA E DISON 1104340 4351400 735 IO FW City Hall 7001 I 600861 0MY22 8,971.36 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON I !04344 4351400 45480 Portola CC 7 004 l 8878578AP22 I ,026.16 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 1104610 4351400 73710 FW Pumpstation 700 l 69234934MY22 6,501.01 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 1104610 4351400 CC Park -San Pablo 700 l 67703344AP22 5,558.49 00 01529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 11046! I 4351400 73510 FW PARKS 700530811124JA22 !,552.12 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 1104611 4351400 73510 FW PARKS 700530811124FB22 1,518.48 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 1104611 4351400 735 10 FW PARKS 7005308 l l l 24AP22 807.00 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 1104614 4351400 Street Power PEDESTALS 700019019320JA22 2,481.90 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 1 104614 4351400 Street Power PEDESTALS 7000 19019320FB 22 2,193 .37 00 01529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 1 104614 4351400 43556 1/2 San Pablo 700654070741MR22 107.29 00 01529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 2304220 4351400 FIRESTATION 33, 67, & 71 700028290904AP22 4,623.45 00 01529998 05/13 /2022 SOUTHERN CALIFORNlA EDISON 2424549 4351400 73751 Magnesia Falls Dr POOL 7000 l 92 l 9986MY22 7,259.91 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 2724374 4351400 (6) PARK.VIEW ESTATES 700413950271 AP22 433 .99 00 0 1529998 05 /13/2022 SOUTHERN CALIFORN IA EDISON 2734680 4351400 (7) DESERT MIRAG E/COOK 700413950271 AP22 7 1.22 00 01529998 05 /13 /2022 SOUTH ERN CALIFORNIA EDISON 2734681 4351400 (8) SANDCASTLES 700413950271 AP22 168.82 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 2734682 4351400 (12) HOVLEY/HEMMINGWAY 700413950271AP22 24.18 00 0 1529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 2754643 4351400 (25) DIAMONDBACK 700413950271 AP22 13 .73 00 01529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 2754680 4351400 (I) MONTEREY /MEAD. ASSMT 7004 l395027 lAP22 69.16 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 2754683 4351400 (3) SONATA-HOVLEY 700413950271 AP22 13 .7 3 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 2754684 4351400 (4) HOVLEY-POSADA-FONDA 70 0413950271 AP22 31.72 00 01529998 05 /13/2022 SOUTHERN CALIFORNIA EDISON 2754685 4351400 (10) HOVLEY COLLECTION 700413950271 AP22 31.72 Report Date 05/13 /2022 Page 17 City & Ho • SHlO Page 42 of 658 City of Palm Desert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 2754686 4351400 (! 3) AVE ARCADIAIHOVLEY 70041395027 1 AP22 13.73 00 01529998 05/13 /2022 SOUTI-IERN CALIFORNIA EDISON 275468 7 4351400 (17) AVE. ROSARIO /HOVLEY 70041395027 1 AP22 13 .73 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA ED ISON 2754694 4351400 (22) HOVLEY L /SANDPIPER 700413950271AP22 13 .91 00 01529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 2754695 4351400 (23) HOVLEY LN /SANDPIPER W 70041395027 IAP22 13.90 00 0 1529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 2754696 435 1400 (24) 40764 Hovley Ct 700413950271 AP22 13 .73 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 2754697 4351400 (18) PALM CT/HOVLEY LN 700413950271AP22 13 .73 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA ED ISON 2764374 4351400 (2) HAYSTACK LIGHTING DIST. 700413950271 AP22 36.72 00 01529998 05/13/2022 SOUTHERN CALIFORNIA ED ISON 2784374 4351400 (5) VINEY ARDS 7004 139 5027 1 AP22 117 .75 00 0 1529998 05 /13 /2022 SOUTHERN CALIFORNIA EDISON 28 14374 4351400 (9) GROVE 700413950271 AP22 342.38 00 01529998 05/13 /2022 SOUTHERN CALIFO RNIA EDISON 2854374 4351400 (19) FRANK SINATRA W/O PORTOLA 70041395027 1 AP22 3 1.72 00 01529998 05 /13/2022 SOUTHERN CALIFORNIA EDISON 2874374 4351400 (20) COLLEGE VIEW/SHEPPARD 70041395027 1 AP22 27 .81 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 2874681 435 1400 (30) SUNDANCE W (Kokopelli / S 70041395027 IAP22 13.73 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 2874682 4351400 (26) PETUNIA I (Petunia / Shep 70041395027IAP22 13.73 00 01529998 05/13/2022 SOUTI-IERN CALIFOR IA EDISON 2874682 4351400 (27) PETUNIA I (W Petuni a/Shep 700413950271 AP22 13.73 00 01529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 2874683 4351400 (3 1) SUNDANCE E (Chinook / She 70041395027 1 AP22 13.73 00 01529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 2994374 4351400 (I I) PALM DESERT C .C . 700413950271 AP22 2 ,463.82 00 01529998 05/13/2022 SOUTHERN CALIFOR IA EDISON 2994374 435 1400 (15) MICHIGA /CA 7004 139 50271 AP22 87.72 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISO 5104195 4351400 73710 FW Dr Ste 116 700339417188MY22 35 .05 00 01529998 05/13 /2022 SOUTHERN CALIFOR IA EDISON 5104195 4351400 73720 FW STE I00A 700066496069MY22 1,087.48 00 0 1529998 05 /13 /2022 SOUTI-IERN CALIFORNIA EDISON 5104195 4351400 737 10 & 73720 FW STE 700485107855AP22 2,652.99 00 0 1529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 5 104195 4369601 737 10 FW Dr DR2 / HM! 700485107855AP22 817 .22 00 01529998 05/13 /2022 SOUTHERN CALIFORNIA EDISON 5 104195 4369602 73720 FW Dr HM 700485l07855AP22 348 .29 00 01529998 05 /13/2022 SOUTHERN CALIFORNIA EDISON 5104195 4369800 72559 Hwy I I I Unit A 700044643888AP22 1,047.09 00 01529998 05/13/2022 SOUTHERN CALIFORNIA EDISON 4254430 4395000 iHUB ( 4/5-5 /4) 7004231026270522 1,531.49 00 01529999 05/13 /2022 SOUTHST AR ENGINEERING & CONSUL TINOI004692 4400100 AMENDMENT NO. I FOR ADDITIONAL PDPP-16 93 ,505 .00 00 0 1530000 05/13/2022 ST APL ES BUSIN ESS ADV ANT AGE ! 104 111 4211000 Clerk Office Supplies 3506567900 38.57 00 0 1530000 05 /13/2022 ST APL ES BUSINESS ADV ANT AGE 1104111 4211000 Cle rk Office Supplies 3506567897 32 .29 Report Date 05 /13 /2022 Page 18 City & Housing Page 43 of 658 City of Palm Desert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Numb e r Check Date Vendor Na me Account N umber Transaction D es c Invoic e Amount Paid 00 01530000 05/13/2022 STA PLES BUSINESS ADVANTAGE I 104 111 42 11000 C lerk Office Supplies 3505931788 21.98 00 01530000 05/13 /2022 STAPLES BUSINESS ADVANTAGE I 104154 42 11 000 Office Supplies 3505465468 43 .96 00 01530000 05/13 /2022 STAPLES BUSINESS ADV ANT AGE I 104 154 421 1000 Office Supplies 3505465473 41.06 00 01530000 05 /13 /2022 STAPLES BUSINESS ADVANTAGE I 104 154 4211000 Office S u pplies 350465471 47.39 00 01530000 05/13 /2022 STAPLES BUSINESS ADVANTAGE 1104430 4211000 OFFICE SUPPLIES -ECON DEV 350670382 1 8 1.32 00 01530000 05/13/2022 STAPLES BUSINESS AD VANT AG E I 104211 4306001 COPS Hard Truck 3505465455 142 .22 00 0 1530000 05 /13/2022 STAPLES BUSINESS ADVANTAGE I 104420 4211000 OFFICE SUPPLIES 3505465440 21.05 00 01530000 05 /13 /2022 STAPLES BUSINESS ADVANTAGE 11 04420 4211000 OFFICE SUPPLIES 350593 1766 123 .15 00 01530001 05/13 /2022 Stephanie Estra da 11041 54 4305600 Live Scan 04012022S E 77.00 00 01530002 05/13/2022 S UNBELT RENTALS INC 4254430 4395000 finance charges -rental equi p I 2435 I 398-000 I 41.50 00 01530003 05 /13/2022 TAG/AMS INC. I 104154 4305600 Random Drug Test 2808077 82.50 00 01530004 05 /13/2022 THOMAS A MCGILLIS 1104416 430610 1 ASL fo r Concert in th e Park 200 180.00 00 01530005 05/13 /2022 TIME WARNER CABLE 2424549 4365000 7357 1 M agnesia Falls internet 0525504041722 274.33 00 01530006 05 /13 /2022 TOP OF T HE LINE S IGNS 11 04610 4332100 park signs -CC LMA 17 8309 730 .05 00 01530007 05/13 /2022 TRI-ST A TE MATERIALS INC 4414195 4332000 rubb le rock -Desert Willow LM 100670 1,592.02 00 0 1530008 05 /13/2022 U.S. POSTAL SERVICE I 104111 4366000 P ostage Resetting 8030860 5,000.00 00 01530009 05/13 /2022 ULINE INC I 104420 4211000 BOXES FOR PLANS 147587909 101.44 00 01530010 05/13 /2022 VERIZON SELECT S ERVICES INC I 104159 4365000 Toll free service 000131822689-422 2.96 00 0 153001 I 05/13/2022 VERIZON WIRELESS I 1041 IO 4365000 City Co un ci l Cell Phones 9904855958-1 128.70 00 0 15300 11 05/13 /2022 VERIZON WIRELESS 1104111 4365000 City Clerk Cells 9904855958-8 51.62 00 0153001 I 05/13 /2022 VERIZON W IRELESS I 104130 4365000 City Manager Cells 9904855958-6 216.48 00 0153001 I 05/13 /2022 VERIZON WIRELESS I 104150 4365000 Finance Cells 9904855958-7 68.55 00 01530011 05 /13 /2022 VERIZON WIRELESS 1104154 4365000 Human Resources Cells 9904855958-9 I 19 .12 00 01530011 05/13/2022 VE RI ZON WIRELESS 1104211 4306001 COPS Cell Pho nes 9904855958-3 195 .80 00 0 1530011 05/13/2022 VE RI ZON WIRELESS I 104300 4365000 Public Works Cell Phones 9904855958-4 1,423 .30 00 0153001 I 05/13/2022 V ERIZON WIRELESS 1104420 4365000 Building & Safety Cells 9904855958-5 448 .71 00 015 300 11 05/13 /2022 VERIZON WIRELESS I 104430 4365000 Econ Dev Cell s 9904855958-10 51.62 Report Date 05 /13 /2022 P age 19 City & Housinq Page 44 of 658 City of P a lm De sert Check Register 5/13 /2 022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01530011 05/13 /2022 VERIZON W IRELESS I 104470 4365000 Dev. Services Cell Ph ones 9904855958-2 636.34 00 01530012 05 /13 /2022 WAXIE I 10461 I 4219000 handicap restroom signs -LMA 8084967 1 166 .02 00 01530013 05 /13 /2022 WEST COAST ARBORlSTS INC 1104614 4337001 tree pruning -LMA I 18426 1-A 798.00 00 01530013 05/13 /2022 WEST COAST ARBORlSTS INC 2754695 4309500 tree pnming -LMA 7 184261-B 1,938.00 00 01530014 05/13 /2022 XPRESS GRAPHICS 2 1345 65 5000903 postcards -NTMP P 570-21 22-47033 701.17 00 01530014 05/13 /2022 XPRESS GRAPHICS 1104417 4361000 Concert in the Park Rack Cards 22-47123 313.36 00 01530014 05/13 /2022 XPRESS GRAP HI CS 1104417 4361000 Concert in the Park Banner 22-47088 348.35 00 01530015 05 /13 /2022 ANDERSON COMMUNICAT ION INC I 104310 4365000 MONTHLY RADIO REPEATER SERVICE 19269 250.00 00 01530016 05/13 /2022 M & M SWEEPING INC. 11 04310 4332000 COMMERCIAL AND RESIDENTIAL STR 62994 12 ,777.12 00 01530016 05/13 /2022 M & M SWEEPING IN C. I 104310 4332000 PARKING LOT SWEEPING -CORPY AR 62993 300.00 00 01530016 05/13 /2022 M & M SWEEPING INC. 1104610 4332100 PARKING LOT SWEEPING-CC PARK 62993 675 .00 00 01530016 05/13 /2022 M & M SWEEP! G INC. 1104611 4332501 PARKING LOT SWEEP! G -PARKS 62993 550.00 00 01530016 05/13 /2022 M & M SWEEPING INC. 1104 614 4392101 PARKING LOT SWEEPING -ENTRADA 62993 216.67 00 01530016 05/13 /2022 M & M SWEEPING INC. 2424549 4331100 PARKING LOT SWEEPING -AQUATIC 62993 120 .83 00 01530016 05/13/2022 M & M SWEEPING INC . 2774373 4309103 PARKING LOT SWEEPING -PRESIDE 62993 43 .83 00 01530016 05 /13/2022 M & M SWEEPING INC . 2824373 4309103 PARKING LOT SWEEPING -PRESIDE 62993 405.00 00 01530016 05 /13/2022 M & M SWEEPING INC. 5104 195 4369601 PARKING LOT SWEEPING -PARK VIE 62993 166 .67 00 01530017 05 /13 /2022 MAXWELL SECURITY SERVICES I l04340 4309000 PROVIDE AFTER-HOURS PHYSCIAL 2205181 400.00 00 01530018 05 /13/2022 MSA CONSUL TING 1104614 4337001 LANDSCAPE ARCHITECT DESIGNS 2765 .001-0 I 2,400.00 00 01530019 05/13 /2022 ON THE FLY TERMITE & PEST CONTROL I 1046 10 4332001 RODENTCONTROL-CCPARK 2852 250.00 00 01530019 05 /13/2022 ON THE FLY TERMITE & PEST CONTROL 1104 610 4332001 RODENTCONTROL-CCPARK 2971 250 .00 00 01530019 05/13 /2022 ON THE FLY TERMITE & PEST CONTROL 1104 611 4332001 ROD ENT CONTROL-PARKS 2852 215 .00 00 01530019 05/13 /2022 ON THE FLY TERM ITE & PEST CONTROL 110461 I 4332001 RODENT CONTROL -PARKS 2971 215 .00 00 01530019 05 /13 /2022 ON THE FLY TERMITE & PEST CONTROL I 10461 I 4391000 RODENT CONTROL -COMM GARDENS 2852 60.00 00 0153001 9 05/13/2022 ON THE FLY T ERM ITE & PEST CONTROL 110461 1 4391000 RODENT CONTROL -COMM GARDENS 2971 60 .00 00 01530019 05/13/2022 ON THE FLY TERM ITE & PEST CONTROL 1104614 4392101 RODENT CONTROL -ENTRADA D ELP 2852 I 10 .00 00 01530019 05 /13/2022 ON THE FLY TERMITE & PEST CONTROL 1104614 4392101 RODENT CONTROL -E 1TRADA DELP 2971 110.00 Report Date 05/13 /2022 Page 20 City & Housin~ Page 45 of 658 City of Palm De sert Check Register 5/13/2022 -5/13/2022 Bank ID Check Number Check Date Vendor Name Acco unt Number Transaction Desc Invoic e A mount Paid 00 0 1530019 05/13 /2022 ON THE FLY TERMITE & PEST CONTROL 2854374 4332100 RODENTCONTROL-K&B 2852 60.00 00 01530019 05 /13 /2022 ON THE FLY TERMITE & PEST CONTROL 2854374 4332100 RODENTCONTROL-K&B 2971 60.00 00 01530020 05 /13 /2022 OZZIE'S INTERNATIONAL TIRE & AUTO 1104331 4334000 SUPPLEMENTAL GENERAL FLEET REP 29942 849.11 00 01530020 05 /13 /2022 OZZIE'S INTERNATIONAL TIRE & AUTO I 104331 4334000 SUPPLEMENTAL GENERAL FLEET REP 29975 49.72 00 01530020 05 /13 /2022 OZZIE'S INTERNATIONAL TIRE & AUTO 1104331 4334000 SUPPLEMENT AL GENERAL FLEET REP 29978 685.7 1 00 01530021 05/13/2022 PARKHOUSE TIRE INC . I 104331 4334000 ADDITIONAL FUNDING FOR TIRE 2030212552 421.88 00 01530022 05/13/2022 PETE'S ROAD SERVICE INC I 104331 4334000 PERFORM REPA IRS A D SERVICES 578583-00 193.59 00 01530022 05/13/2022 PETE'S ROAD SERVICE INC 1104331 4334000 PERFORM REPAIRS AND SERVICES 581992-00 136.61 00 01530023 05/13/2022 POWERFUL PEST MANAGEMENT I I 04330 4309000 PEST CONTROL -CORPY ARD 260284 95.00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT I 104330 4309000 PEST CONTROL -CORPY ARD 260285 45.00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT I 104330 4309000 PEST CONTROL -CORPY ARD 261889 95.00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT 1104330 4309000 PEST CONTROL -CORPY ARD 261890 45.00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL -CITY HALL AND 260287 45 .00 00 01530023 05/13/2022 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL -CITY HALL AND 260288 125 .00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT I 104340 4309000 PEST CONTROL -CITY HALL AND 261892 45 .00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL -CITY HALL AND 261893 125 .00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT 1104344 4309000 PEST CONTROL -PORTOLA CC 260286 58.00 00 01530023 05/13/2022 POWERFUL PEST MANAGEME T 1104344 4309000 PEST CONTROL -PORTOLA CC 261891 58 .00 00 01530023 05 /13/2022 POWERFUL PEST MANAGEMENT I 104800 4388500 PEST CONTROL -ARTISTS CENTER 260297 90.00 00 0 1530023 05/13/2022 POWERFUL PEST MANAGEMENT 1104800 4388500 PEST CONTROL -ARTISTS CENTER 261902 90.00 00 01530023 05 /13/2022 POWERFUL PEST MANAGEMENT 2304220 433 1000 PEST CONTROL -FIRE ST A TIO NS 260294 80.00 00 01530023 05 /13/2022 POWERFUL PEST MANAGEMENT 2304220 433 1000 PEST CONTROL -FIRE STA TIO s 260295 65 .00 00 01530023 05 /13 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE ST A TIO s 260296 65 .00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE ST A TIONS 261899 80 .00 00 01530023 05/13/2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE ST A TIONS 261900 65 .00 00 01530023 05 /13/2022 POW ERFUL P EST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE STATIONS 261901 65 .00 00 0 1530023 05/13/2022 POW ERFU L PEST MANAGEMENT 5104195 4369500 PEST CONTROL -SHERIFF SUBSTA T 260293 80 .00 Report Date 05 /13 /2 022 Page 21 City & Housh,r Page 46 of 658 City of Palm Desert C heck Register 5/13/2022 -5/13/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT 5104195 4369500 PEST CONTROL -SHERIFF SUB ST AT 261898 80.00 00 01530023 05 /13/2022 POWERFUL PEST MANAGEMENT 5 104195 436960 1 P EST CONTROL -PARK.VIEW COMPLE 260289 75.00 00 0 1530023 05 /13 /2022 POWERFUL PEST MANAGEMENT 5104195 4369601 PEST CONTROL -PARK.VIEW COMPLE 26 1894 75.00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT 5 104 195 4369602 PEST CONTROL -STA TE BLDG 260290 80.00 00 01530023 05/13 /2022 POWERFUL PEST MANAGEMENT 5104195 4369602 PEST CONTROL -ST A TE BLDG 261895 80 .00 00 01530024 05/13 /2022 PRO-CRAFT CONSTRUCTION INC 1104610 4331000 PLUMBING SRV -CC PARK 21120.062 749.89 00 01530024 05/13 /2022 PRO-CRAFT CONSTRUCTlON [NC 11 0461 I 4331000 PLUMBING SRV -PARKS 21 120 .064 22 0.50 00 01530024 05 /13 /2022 PRO-CRAFT CONSTRUCTION INC 11 04611 4331000 PLUMBING SRV -PARKS 21120.066 759.49 00 01530025 05/13 /2022 QUINN COMPANY 11 04310 4404500 SUPPLY ONE SKID STEER LOADER B 0306660 1 11 ,468.00 00 01530026 05 /13 /2022 RIVERSIDE UNIVERSITY HEAL TH SYSTEM I 104211 4392100 Home lessness Assista nce Progra CLAIM#9 6,376.15 00 0 1530027 05/13 /2022 SILLMAN WRIGHT ARCHITECTS 4504161 4400100 DES lGN CONSUL TING SERVICES FOR 19020-0422 [,026.13 00 0 1530027 05/13 /2022 SILLMAN WRIGHT ARCHITECTS 4504161 4400100 AMENDMENT NO. I FOR D ESIGN OF 19020-0422 493.87 00 01530028 05/13 /2022 SINATRA & COOK PROJECT LLC 4254430 4345000 iHub Rental Mar -Jun 2022 RENT JUNE 2022 16 ,620 .62 00 01530029 05/13 /2022 SOUTHSTAR ENGINEERING & CONSULTING2134342 4400100 AMENDMENT NO. l FOR FINAL PDSS2-16 8 ,576.00 00 0 15 30029 05/13 /2022 SOUTHSTAR ENGINEERING & CONSULTING2134342 4400100 AMENDMENT NO. l FOR FINAL PDSS2-l 7 7,098 .00 00 01530029 05/13/2022 SOUTHSTAR ENGINEERING & CONSULTING2134342 4400100 AMENDMENT NO. I FOR FINAL PDSS2-18 3 ,578.00 00 01530029 05 /13 /2022 SOUTHSTAR ENG INEERING & CONSUL TING2134342 4400100 AMENDMENT NO. I FOR FINAL PDSS2-l 9 5 ,748.00 00 01530029 05/13 /2022 SOUTHSTAR ENGINEERING & CON SULTINGi514342 4400 100 CNSTRC MNG SVC SN PBL PH2 PDSS2-19 2,221.42 00 01530030 05/13 /2022 SOUTHWEST AQUATICS 1104610 433200 1 RIM LAGOON -CIVIC CENTER PARK 04-18982 2,320.75 00 01530030 05 /13/2022 SOUTHWEST AQUATICS I 104614 4392101 RIM WATER FEATURE ENTRADA D EL 04-18982 773.53 00 01530031 05/13 /2022 STALKER RADAR 2 134565 5000903 SUPPLY ONE STALKER RADAR UN IT 399726 9,694.27 00 01530031 05 /13 /2022 STALKER RADAR 2134565 5000903 ADDITIONAL FUNDS PER QUOTE NO. 399726 826.44 00 01530032 05/13 /2022 STAPLES BUSINESS ADVANTAGE 1104300 42 11000 SUPPLY AS NEEDED VARIOUS OFFIC 3506703956 5.96 00 01530032 05 /13 /2022 STAPLES BUSINESS AD VANT AGE I 104300 4211000 SUPPLY AS NEED ED VARIO US OFFIC 3506703958 40 .30 00 01530032 05/13/2022 ST APL ES BUSINESS AD VANT AG E I 104300 4211000 SUPPLY AS NEEDED VARIO US OFFIC 3506703959 -19 .55 00 01530033 05/13 /2022 SUNLINE TRANSIT AGENCY 1104310 4332000 MAINTENANCE OF ACTIV AND INACT INV05926 6,413 .76 00 01530034 05 /13 /2022 TPX COMMUN ICATIONS 1104 190 4365000 INTERNET/PHONE SERVICE 155960630-0 165.56 Report Date 05/13 /2022 Page 22 City & Housing Page 47 of 658 City of P alm Desert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice 10 10 00001538 00001538 05/13 /2022 05 /13/2022 Report Date 05 /13 /2022 RICHARDS WATSON & GERSHON INC RICHARDS WATSON & GERSHON INC 7034121 4301500 7034121 4301500 Ck,~E:•(!~~ T----5.vor or Mayor Pro-Tern . . ~ -·--.~ .. -· ... ---· --· ........ Page 24 PMP LGL SVC-THROUGH 2/28/22 OB LGL SVC-THROUGH 2/28 /22 236912-4 236912-5 Successor Agency Amount Paid 2,058.00 562 .18 Total For Bank ID -10 2,620.18 Page 48 of 658 City of Palm Desert Check Register 5/13/2022 -5/13 /2022 Bank ID Check Number Check Date Vendor Name Account N umber Transaction Desc Invoice Amount Paid WR 50470215 05 /13 /2022 ST A TE OF CALIFORNIA 11 00000 2 160200 PIT W/H PD: 05/05 /2022 6342813 224.71 WR 50843034 05/13 /2022 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 05 /05 /2022 61280595 128 .50 WR 50843034 05/13/2022 DEPARTMENT OF THE TREASURY I 100000 2160100 Federal W/H P/D 05/05 /2022 61280595 640.03 WR 52819735 05/13/2022 DEPARTMENT OF THE TREASURY I 100000 2160300 Medicare W/H P/D 05/11 /2022 62859272 12 ,559.26 WR 52819735 05 /13/2022 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W/H P/D 05 /11 /2022 62859272 41 ,419.85 WR 53039195 05 /13 /2022 ST A TE OF CALIFORNIA 1100000 2160200 PIT W/H PD: 05 /11/2022 6349304 17,066.28 WR 53694037 05 /13 /2022 I C M A RETIREMENT TRUST 1100000 2162201 40 I-A Retire PayDay : 05 /05/22 74443 1 114.48 WR 53694044 05 /13 /2022 I C M A RETIREMENT TRUST 11 00000 2162600 Retire Hlth Sv-PayDay 05 /05 /22 744384 57.24 WR 59372496 05 /13 /2022 PERS 1100000 2161100 PERS 04 /22/2022 1002104254 56,021.95 WR 59372496 05/1 3/2022 PERS 11 04150 4111500 Rounding 04/22/2022 1002104254 0 .53 WR 59372498 05/13 /2022 P E RS 1100000 2161100 PERS 04/2 2/2022 1002104255 29,775 .13 •~-ved Total For Bank ID -WR 158,007 .96 Report Date 05 /13 /2022 Page City & Housing Page 49 of 658 City of Palm Desert Check Register 5/19/2 022 -5/19/2 022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 00004395 05/19/2022 US BAN K 1100000 11501 00 CC 5 15 7-America n Airli nes/E . C 48669 14 555529350 1,257.2 1 00 00004395 05/19/2022 US BANK 11 041 10 43 12500 CC 5 157-Joslyn Center/J. Harni 486691 4 555529350 77.25 00 00004395 05/19 /2022 US BANK 1104 110 4312500 CC 5 157 -Joslyn Center/K. Quint 486691 4 555529350 77.25 00 00004395 05/19 /2022 US BAN K I 104130 43 12000 CC 5 157-United A irlines{[. Hil 4866914555529350 625.20 00 00004395 05/19 /2022 US BANK 1104130 4312000 CC 2498 -Ham pton Innff. Hileman 48669 14 555529350 138.96 00 00004395 05/19/2022 US BANK 1104 150 4312000 CC 5157-United Airlines/V . Cha 4866914555529350 625.20 00 00004395 05/19 /2022 US BANK 11 04 150 4312000 CC 2498-Hampton lnn/V. Chavez 4866914555529350 138.97 00 00004395 05 /19/2022 US BANK 11 04 154 4391500 CC 4081-VariDesk 486691455552935 0 215.49 00 00004395 05/19/2022 US BAN K 11 04 190 4336000 CC 7 168-M IS K 486691 4 555529350 621.00 00 00004395 05 /19/2022 US BANK 11 04417 4309000 CC 408 1-Mai lch imp/Month ly News 4866914555529350 97 .99 00 00004395 05 /19/2022 US BANK 1104430 43 12000 CC 5 I 57-United Air lines/E. Cej 4866914555529350 625.20 00 00004395 05/19/2022 US BAN K 1104430 4312000 CC 2498 -Ham pton lnn/E. Ceja 5/ 4866914555529350 138.96 00 00004395 05/19/2022 US BANK 1104430 4312500 CC 4081-IES -APA Awards Dinner/ 4866914555529350 46.62 00 00004395 05 /1 9/2022 US BANK 1104470 43 12500 CC 408 1-IES-APA Awards Dinner/ 4866914555529350 46.62 00 00004395 05/19/2022 US BANK 11 04470 4312500 CC 4081-JES-APA Awards Din ner/ 4866914555529350 46.62 00 00004395 05/19 /2022 US BANK 2304220 4404000 CC 4081 -Ame rican Range/Fi re No 4866914555529350 328.23 00 00004395 05/19/2022 US BAN K 2364 195 43 12000 CC 030 I-AVI S Refund/S WAN A Conf 4866914555529350 -4 13.50 Total For Bank ID -00 465,833.67 Report Date 05 /19 /2022 Page 2 City & Housing Page 50 of 658 City of Palm Desert Check Register 5/19/2 022 -5/19/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 00004384 05 /19/2022 CVAG 6 100000 2282500 A PR 2022 TUMF PDTUMF042022 227 ,158.00 00 00004385 05/19/2022 CDWLLC 11 04190 4336000 CLO STRG SVCS A WS ZR00244906 859.19 00 00004386 05 /19/2022 COACHELLA VALLEY CONSERVATION 6100000 2280800 APR 2022 MSHCP PDMSHCP042022 141,400.00 00 00004386 05/19/2022 COACHELLA VALLEY CONSERVATION 6100000 2280800 LESS I % AD MIN FEE PDMSHCP042022 -1,414.00 00 00004387 05/19/2022 FG CREATIVE INC 2424549 4309000 Advertis ing Services-PDACC 10025 1,425.00 00 00004387 05 /19/2022 FG CREATIVE INC 2714491 4321500 Advertising Services-EPPBID 10021 13 ,214.48 00 00004388 05 /19/2022 GRANICUS INC 11 04 190 4336000 REAL TIME CLOSED CAPTIONING SV 150948 600 .00 00 00004389 05/19 /2022 KIMLEY-HORN AND ASSOC IATES INC. 2 134250 5000907 CONSULTANT SERV ICES FOR T H E TR 21255885 47,296.91 00 00004390 05/19 /2022 MARIPOSA LAN DSCAPES INC 11 04614 4337001 LMA I ALLO W AB LE EXTRA WORK AND 97266R 1,586.64 00 00004390 05/19/2022 MARIPOSA LANDSCAPES INC I 104614 433700 1 LMA I ALLOWABLE EXTRA WORK AND 97370 409 .36 00 00004390 05/19/2022 MARIPOSA LANDSCAPES INC I 104614 433700 1 EXTRAS -EL PASEO / BAJA PARK 97263 3,091.95 00 0000439 1 05 /19/2022 PEAKVIEW E TERPRISES 1104430 4309000 Deployment of Fiber Backbone a 2021C-13 5,000.00 00 00004392 05 /19/2022 PURE WATER PARTNERS LLC 1104330 4309000 3 WATER DISPENSERS -CORPY ARD 1250692 223 .05 00 00004392 05/19/2022 PURE WATER PARTNERS LLC 1104340 4309000 3 WATER DISPENSERS -CITY HALL 1250692 223 .05 00 00004392 05/19/2022 PURE WATER PARTNERS LLC 1104344 4309000 1 WATER DISPENSER -PORTOLA CC 1250692 74.35 00 0000 4392 05/19 /2022 PURE WATER PA RTNERS LLC 2304220 4331000 3 WATER D ISPENSERS-FIRE STAT 1250692 217.70 00 00004393 05 /19/2022 RIC HARDS WATSON & GERSHON INC 1104 12 1 4301500 CITY LGL SVC-THROUGH 2/28 /22 236912-1 230.90 00 00004393 05 /19/2022 RIC HARDS WATSON & GERSHON INC 1104 12 1 4301500 KEM P ER LGL SVC-Through 2/28 /22 236911-1 6,824.61 00 00004393 05 /19/2022 RICHARDS WATSON & GERS HON INC 1104 121 4301500 MCCALLUM LGL SVC-Through 2/28/ 2369 11-2 2,473.03 00 00004393 05/19 /2022 RICHARDS WATSON & GERS HON INC I 104 12 1 4301500 PC LGL SVC-Through 2/28 /22 236911 -3 2,211.46 00 00004393 05/19 /2022 RICHARDS WATSON & GERSHON INC 1104 12 1 4301500 CSU LGL SVC-Through 2/28/22 2369 11 -5 1,331.62 00 00004393 05 /19/2022 RICHARDS WATSON & GERS HON INC 6100000 2286000 UPI LGL SVC-Through 2/28 /22 236911-4 6 18.26 00 00004393 05/19 /2022 RICHARD S WATSON & GERSHON INC 87 14 19 5 4301500 HA LGL SVC-THROUG H 2/28 /22 2369 12-2 180.70 00 00004393 05/19 /2022 RICHARD S WATSON & GERS HON INC 873 41 95 430 1500 HAF LGL SVC-THROUGH 2/28/22 2369 12-3 281.09 00 00004394 05 /19/2022 SmartCompl iance Inc 11 041 90 4336000 SmartCompliance software licen 34674 4,000.00 00 00004395 05/19/2022 US BANK 11 00000 1150100 CC 5 157-Hi lton Garden Inn/Fire 4866914555529350 365 .84 00 00004395 05/19/2022 US BAN K 11 00000 1150100 CC 5 157-Arnerican Airlines/A. F 4866914555529350 1,257 .21 Report D ate 05 /19/2022 Page City & Housing Page 51 of 658 Bank ID Ch eck N umber Che ck Date Vendor N ame 10 10 10 10 00001539 00001539 00001539 00001539 05 /19/2022 05/19/2022 05 /19/2022 05 /19/2022 Report Date 05 /19/2022 W ILLDAN FINANCIAL SERVICES WILLOAN FINANCIAL SERVICES WILLDAN FINANCIAL SERVICES WILLOAN FI ANClAL SER VICES C ity of P alm D esert Check Register 5/19/2022 -5/19/2022 A ccount N umber 7034 195 4309000 7034195 4309000 7034195 4309000 7034195 4309000 T ran sa ction Desc FY20-2 l Annua l OS 20 l 7HA FY20-2 l Annual OS 20 l 7HB FY20-2 l Annual OS 2017 A FY20-2 l Annual OS 2017B In voice 010 -50925 -1 01 0-50925-2 010 -50925-3 010-50925-4 A mount Paid 495.00 495 .00 495 .00 495.00 Total For Bank ID -10 1,980.00 Page 3 Successor Agency Page 52 of 658 Bank ID Check Number Check Date Vendor Name WR 58177245 WR 58177245 WR 58227520 WR 59339503 05 /20/2022 05 /20/2022 05 /20/2022 05 /20/2022 Report Date 05 /20 /2022 PUBLIC EMPLOYEES' RET IREMENT PUBLIC EMPLOYEES' RETIREMENT PERS PERS City of Palm Desert Check Register 5/20/2022 - 5/20/2022 Account Number 1104470 4112100 5764192 4119000 11 00000 2161100 1104159 4309000 Transaction Desc EMP ADJ 3 05 /2022 Health Premium Retiree 05-2022 PERS 05 /06/2022 retro adj GASB 68 REPORT FEE Invoice 100000016776725 100000016776725 1002110221 1002110826 Amount Paid -781.82 14 ,076.74 184.30 2,250 .00 Total For Bank ID -WR 319,223.59 City & Housing Page 2 Page 53 of 658 C ity of Palm D esert Check Register 5/20/2022 - 5/20/2022 Bank ID Check Number Check Date Vendor Name Acco unt N umber Tra nsac tion Desc In voic e A mount P aid WR 54757757 05/20/2022 I C M A RETIREMENT TRUST 110 0000 2162300 Deferred Comp PayDay 05/11 /202 744608 13,696.53 WR 54757757 05/20/2022 I CM A RETIREMENT TRUST 6 100000 1029300 Deferred Comp PayDay 05/11 /202 744608 13 ,696.53 WR 54757757 05/20/2022 I C M A RETIREMENT TRUST 6100000 2 162300 Deferred Comp PayDay 05/11 /202 744608 -13,696.53 WR 54757819 0 5/20/2022 I C M A RETIREMENT TRUST 6 100000 2 162200 Retire Hl th Sv-PayDay 05 /11 /22 744660 -3 ,443 .26 WR 54757819 05 /20/2022 ICM A RETIREMENT TRUST 1100000 2 162600 Retire Hl th Sv-PayDay 05/11 /22 744660 3,443 .26 WR 54757819 05 /20/2022 I C M A RETIREMENT TRUST 6 100000 1029200 Retire Hlth Sv-PayDay 05 /11 /22 744660 3,443 .26 W R 55363204 05/20/2022 STA TE OF CALIFORN IA 11 00000 2 160200 PIT W/H PD : 05/13/2022 6355605 69 .74 WR 55701470 05 /20 /2022 NATIONWIDE RETIREMENT SOLUTIONS 11 00000 2162 100 DEFERRED COMP PAYDAY 05 /11 /22 37064001 051122 7,423 .38 WR 55701470 05/20/2022 NATIO NWID E RETIREMENT SOLUTI ONS 6100000 1029100 DEFERRED COM P PAYDAY 05 /11 /22 3706400 1 051122 7,423.38 WR 55701470 05/20/2022 NATIONWIDE RETIREM ENT SOLUTIONS 6 100000 2162100 D EFERRED COM P PAYDAY 05/1 1/22 3706400 I 0511 22 -7 ,423 .38 WR 55902166 05 /20/2022 DEPARTMENT OF THE TREASURY 110 0000 2 160100 Federal W/H P/D 05 /13 /2022 621872777 662.63 WR 55902166 05/20/2022 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W/H P/D 05 /13 /2022 621872777 437.08 WR 5615045 6 05 /20/2022 I C M A RETIREMENT TRUST 1100000 2 16220 1 40 I-A Retire Pay Day: 05/11 /22 744683 7,757.44 WR 56150456 05 /20/2022 I C M A RETIREMENT TRUST 6100000 102920 1 401-A Retire Pay Day: 05/11 /22 744683 7,757.44 WR 56150456 05 /20/2022 I C M A RETIREMENT TRUST 6100000 2 16220 1 401-A Retire PayDay: 05/1 1/22 744683 -7 ,757 .44 WR 56912474 05 /20/2022 PERS 1100000 2161100 P ERS 05 /06/202 2 1002109486 53 ,940.03 WR 56912474 05/20/2022 PERS 1104150 4 111 500 Rounding 05/06/2022 1002 10 9486 0 .58 WR 56912476 05/20/2022 PERS 1100000 216 11 00 PERS 05 /06/2022 1002109487 31 ,920.28 WR 57601212 05/20/2022 l C M A RETIREMENT TRUST 6 100000 2 162200 Retire Hlth Sv-PayDay 05 /13 /22 74 6 15 1 -128.28 WR 57601212 05/20/2022 I C M A RETIREMENT TRUST 6 100000 1029200 Retire Hlth Sv-Pay Day 05 /1 3/22 746 15 1 128.28 WR 5760 12 12 0 5/20/2022 l C M A RETIREME T TRUST 11 00000 2 162600 Re tire Hlth Sv-PayDay 05/13 /22 746 15 1 128.28 WR 58177245 05/20/2022 PUBLIC EMPLOYEES' RETIREMENT 11 00000 2160800 Health Pre mium Emp 05-2022 10000001 6776725 176,6 18 .99 WR 5 8 177245 05 /20/2022 PU BLI C EMPLOYEES' R ETIREMENT I 100000 2160800 Health Premium CC 05 -2022 100000016776725 1,7 31.05 WR 58177245 05 /20/2022 PUBLIC EMPLOYEES' R ETIREMENT 11 04111 411 2 100 EMP ADJ I 05/2022 100000016776725 1,763 .24 WR 58177245 05 /20/2022 PUBLIC EMPLOYEES' R ETIREMENT 1104111 4112100 EMP ADJ 2 05 /2022 100000016776725 2,170 .15 WR 58177245 05 /20/2022 PUBLIC EM PLOYEES' RETIREMENT 11 04 150 4112100 EM P ADJ 4 05/2022 100000016776725 1,731.05 WR 58177245 05 /20/2022 PUBLIC EMPLOYEES' R ET IREM ENT 11 04 150 4112100 Health Rounding 05 -2022 100000016776725 0.66 Report Date 05 /20 /2022 Page City & Housing Page 54 of 658 Bank ID Check Number Check Date Vendor Name Repo rt Date 05 /27 /2022 City of Palm Desert Check Register 5/27/2 022 -5/27/2022 Account Number Transaction Desc Invoice Page 2 City & Housing Amount Paid Total For Bank ID -WR 105,260.44 Page 55 of 658 City of Pa lm D esert Check Register 5/27/2022 -5/27/2022 Bank ID Ch ec k N umber Check Date Ve ndor N am e A ccount N umb e r T rans action D es c In voic e A mount Paid WR 5 1 171833 05 /27 /2022 DEPARTMENT OF THE TREASURY 1 100000 2160100 Federal W /H P/D 05 /20/2022 808887 8 ,306.24 WR 51171833 05/27 /2022 DEPARTMENT OF THE TREASURY 1100000 2160300 Medicare W /H P/D 05 /20/2022 808887 1,313 .32 WR 51323800 05/27/2022 STATE OF CALIFORNIA 1100000 2160200 PIT W/H PD : 05 /20/2022 6367106 2 ,555.19 WR 54927660 05 /27/2022 I C MA RETIREMENT TRUST 6 100000 2162300 Deferred Comp PayDay 05 /20/22 750687 -47 .94 WR 54927660 05/27/2022 I C M A RETlREMENT TRUST 1 100000 2162300 Deferred Comp PayDay 05 /20/22 750687 47.94 WR 54927660 05 /27/2022 I C M A RETIREMENT TRUST 6100000 1029300 Deferred Comp PayDay 05/20/22 750687 47.94 WR 54927668 05 /27/2022 I C M A RETIREMENT TRUST l 100000 2162201 401-A Retire Pay Day: 05/20/22 750768 60.38 WR 54927668 05/27/2022 I CM A RETlREMENT TRUST 6 100000 1029201 401-A Retire Pay Day: 05 /20/22 750768 60.38 WR 54927668 05 /27/2022 I CM A RETIREMENT TRUST 6 100000 2162201 401-A Retire PayDay: 05/20/22 750768 -60.38 WR 54927670 05 /27 /2022 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 05 /20/22 750729 30.18 WR 54927670 05 /2 7/2022 I C M A RETIREMENT TRUST 6 100000 2162200 Retire Hlth Sv-PayDay 05 /20/22 750729 -30.18 WR 54927670 05 /27/2022 I C M A RETIREMENT TRUST 1 100000 2162600 Retire Hlth Sv-PayDay 05 /20/22 750729 30.18 WR 55281781 05 /27/2022 DEPARTMENT OF THE TREASURY 1 100000 2160300 Medicare W/H P/D 05 /25 /2022 15470778 12,180.38 WR 55281781 05/27/2022 DEPARTMENT OF THE TREASURY 1100000 2160100 Federal W /H P/D 05 /25 /2022 15470778 39,514 .23 WR 55397475 05 /27/2022 ST A TE OF CALIFORNIA 1100000 2160200 PIT W/H PD : 05 /25 /2022 6373799 16,453 .72 WR 55644804 05 /27/2022 PERS 1 100000 2161100 PERS 05 /3 I /2022 100211614 1 1,709.40 WR 55644806 05 /27/2022 PERS 1100000 2161100 PERS 05 /31 /2022 1002116142 448 .73 WR 55829807 05 /27/2022 NATIONWIDE RETIREMENT SOLUTIONS 1100000 2162100 DEFERRED COMP PAYDAY 05 /25 /22 37064001 052522 7,423.38 WR 55829807 05 /27/2022 NATIONWIDE RETIREMENT SOLUTIONS 6100000 1029100 DEFERRED COMP PAYDAY 05 /25 /22 3706400 I 052522 7,423.38 WR 55829807 05 /27/2022 NATIONWIDE RETIREMENT SOLUTIONS 6100000 2162100 DEFERRED COMP PAYDAY 05 /25 /22 3706400 I 052522 -7,423.38 WR 56172406 05 /27/2022 I C M A RETIREMENT TRUST 6100000 2162300 Deferred Comp PayDay 05 /25/202 751480 -11,720.37 WR 56172406 05 /27/2022 I C M A RETIREME T TRUST l 100000 2162300 Deferred Comp PayDay 05/25 /202 751480 11 ,720.37 WR 56172406 05 /27 /2022 I C M A RETIREMENT TRUST 6100000 1029300 Deferred Comp PayDay 05 /25/202 751480 I 1,720.37 WR 56172418 05 /27 /2022 I C M A RETIREMENT TRUST 6 100000 2162200 Retire Hlth Sv-PayDay 05 /25 /22 751483 -3 ,496 .98 WR 56172418 05 /27/2022 I C M A RETIREMENT TRUST 6100000 1029200 Retire Hlth Sv-PayDay 05 /25 /22 751483 3 ,496.98 WR 56172418 05 /27/2022 I C M A RETIREME T TRUST I 100000 2162600 Retire Hlth Sv-PayDay 05/25 /22 751483 3 ,496 .98 Report Date 05 /27 /2022 Page ~itv & Housing Page 56 of 658 Bank ID Check Number Check Date Vendor Name IO IO IO IO 00001540 00001540 00001540 00001540 05 /27/2022 05/27/2022 05 /27 /2022 05 /27 /2022 Report Date 05 /27/2022 US BANK US BANK US BANK US BANK City of Palm Desert Check Register 5/27/2022 -5/27 /2022 Account Number 7030000 1430100 7030000 1430100 7034195 4309000 7034195 4309000 Transaction Desc 2017HA-DS ADMTN FEES-7 /22-1/23 2017 HB-DS ADMIN FEES-7/22-1/23 2017HA-DS ADMIN FEES-2/22-6/22 20 l 7HB-DS AD MIN FEES-2/22-6/22 Invoice 6497300-2 6497300-4 6497300-1 6497300-3 Amount Paid 1,458.33 1,45833 1,041.67 1,041.67 Total For Bank ID -10 5,000.00 Page 13 Successor Agency Page 57 of 658 C ity of Palm D esert Check Register 5/27/2022 -5/27/2022 B ank ID Ch eck N umb er Check Date Ve ndor Na me A ccount N umb e r T ransa ction D esc In voice A mount P aid 00 0 1530147 05 /27 /2022 VERIZON WIRELESS 1104300 4365000 Public Works Cell Phoncs/Mifi 9905890697 -1 285.39 00 0 1530147 05 /27 /2022 VERIZON WIRELESS 1104300 4365000 Public Works Mifi 9905219566-4 119.03 00 01530147 05 /27/2022 VERIZO N WIRELESS 1104470 4365000 Development Services Mifi 99052 195 66-1 555.93 00 01530148 05 /27/2022 VINTAGE ASSOCIATES 1104611 4332001 EXTRAS-PARKS 224441 800.58 00 01530149 05 /27 /2022 WALZ GROU P LLC 1104470 4361000 CERTIFIED FORMS-CODE OKI 15787 548.75 00 01530150 05 /27 /2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 AQUA TIC CENTER: 5578852 739.17 00 01530150 05 /27 /2022 WAT ERLIN E TECHNOLOGIES INC 242 4549 4211100 AQUATIC CENTER: 5579634 1,055 .95 00 01530151 05 /27 /2022 WAXIE I 104344 4331000 irrigation s upplies -Portola 80849658 188 .00 00 01530152 05 /27 /2022 WEST COA ST ARBORISTS INC I 104614 4337001 M ISC TREE WORK - M EDIANS 184783 738.00 00 01530152 05 /27/2022 WEST COAST ARBORISTS IN C 2794374 4309500 HARDWOOD-WARING COURT 185096 684.00 00 01530152 05 /27 /2022 WEST COAST ARBORJSTS INC 4414195 4332000 MIS C TREE WORK -DESERT WILLOW 184799 1,596.00 00 01530153 05 /27 /2022 W INGED SOLUTIONS INC 4304674 4400100 CIVIC CENTER PARK LAGOON WATEF WS043022CC 738.00 00 0 1530154 05 /27 /2022 WITTMAN ENTERPRISES LLC 2304220 4309000 FY 21 /22 EMS Billing Services 22040547 13,186 .00 00 01530155 05 /27/2022 XPRESS GRAPHICS I 104417 4361000 Business Cards 22-47333 75.35 00 01530156 05 /27/2022 ZUMAR fNDUSTRIES INC . 1104310 4219000 ADDITIONAL FUNDING FOR SUPPLY 96676 392.36 Approved Total For B a nk ID -00 -----785 ,737.15 Report Date 05 /27 /2022 Page 12 City & Housing Page 58 of 658 C ity of P alm Desert Check Register 5/27/2022 - 5/27/2022 Bank ID C heck Numb e r Ch eck Dat e Ve ndor Nam e Ac count N umb e r Transaction D esc In voi ce A mount P aid 00 01530044 05 /27 /2022 ACCURATE FIRST AID SERVICES LLC 1104330 4219000 FIRST AID SUPPLIES -CORPY ARD C-1522 96.74 00 01530044 05 /27 /2022 ACCURATE FIRST AID SERVICES LLC I 104340 4219000 FIRST AID SUPPLIES -CITY HALL C-1524 127 .12 00 01530045 05 /27 /2022 ADVAN CED PERMIT SERVICES IN C 1100000 3221100 80% REFUNDED -PERMIT CXL WIND22-0047 211.20 00 0 1530046 05 /27 /2022 AIR & HOSE SOURCE INC 110433 I 4334000 RIM #242 City Owned -Repairs 460331 542 .00 00 01530047 05 /27 /2022 ALARM MONITORING SERVICES INC 4504164 4400100 INST ALL SECURITY CAMERA AND AL 21260 5,948.69 00 01530047 05 /27/2 022 ALARM MONITORING SERVICES INC 4504164 4400100 INST ALL SECURITY CAMERA AND AL 21 261 1,968 .23 00 01530047 05 /27/2022 ALARM MONITORING SERVICES INC 4504164 4400100 AMENDME T NO . I TO THE HISTORI 2 1261 300.00 00 01530048 05 /27 /2022 ALBERT A. WEBB ASSOCIATES 2134633 5000204 BIKE LANE STRIPING IMPROVEMENT 221092 4,552.00 00 01530049 05/27/2022 ALLEY , JEFFREY LYNN I 104211 4306001 COPS Mtg/Shred . Event Donuts REIMB 5/6/22 46.78 00 01530050 05 /27 /2022 ALLIA T INS URA CE S ERVICES INC 1100000 1430100 In surance fo r 4th of July 1956928 3,143 .00 00 01530051 05 /27/2022 Am azo n Ca pi ta l Services Inc . I 104211 4306001 COPS Leaf Blower Ba ttery I P34-PRDK-Q3N7 32 .31 00 01530052 05 /27 /2022 AQS Mechanical , Inc 2304220 4331000 exhau st fan motor -FS #67 11095 825.59 00 01530053 05 /27 /2022 ASS UREHIRE INC 1104154 4309000 I9 /Everify 36051 486.90 00 01530054 05/27 /2022 BANN ERBA K 4510000 1025000 Pl 1535 9 RETNT HOLD IN ESC 1912 5/10/22-l lSI 14 ,8 14 .00 00 01530054 05 /27 /2022 BANNER BANK 4510000 2060000 Pl 15359 RETNT PAYABLE PP #11 RETNT PP#l ISi 14,814.00 00 01530054 05 /27 /2022 BANNER BANK 4510000 2060000 Pl 15359 RETNT PAYABLE PP #11 5/10/22-11 SI• -14,814.00 00 01530055 05 /27 /2022 BLU E SHIELD OF CALIFORNIA 2300000 3412400 EMS 12/2/21 Ref Run 21-677783 XEM90422065600 75 .23 00 01530055 05 /27 /2022 BLUE SHI ELD OF CALIFORNIA 2300000 3412400 EMS 1/18/22 Ref Run 22-31370 90414260800 68 .54 00 01530056 05 /27 /2022 CACEO I 104470 4312000 Module One 5.23.22 J.Centeno 200020452 600.00 00 01530057 05 /27 /2022 CALIFORNIA RESOURCE RECOVERY A 2364195 43 12000 CRRA CONF 9/6/22-9/9/22 T .STUL 10809 725.00 00 0153005 8 05 /27/2022 CALTRANS-PUBLICATION DIST UNIT 1104250 4332500 signals & li ghting bill -Jan SL221 l l l 764 .38 00 01530059 05/27/2022 CAPPO 1104150 4363000 CAPPO MBRSHP 5/1 6/22-SKKY G 300010721 130 .00 00 01530059 05 /27/2022 CAPPO 1104150 4363000 CAPPO MBRSHP 5/16/22-MIGUEL Z 300010722 130 .00 00 0 1530060 05 /27 /2022 CDWLLC 1104 190 4212000 Tech Equipment W412284 31 .89 00 01530060 05 /27 /2022 CDWLLC 1104190 4212000 Tech Equipment W738335 40 .60 00 01530060 05 /27 /2022 CDW LLC 1104190 4212000 Tech Equipment W422249 652.28 00 0 1530060 05 /27 /2022 CDW LLC 1104 190 4212000 Tech Equipment W823345 334.94 Report Date 05 /27 /2022 Page City & Housino Page 59 of 658 City of Pa lm Desert Check Register 5/27/2022 -5/27 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 1530061 05/27 /2022 CHARGEPOfNT IN C 1104340 4331000 charger station repai r -Mall IN136544 393.00 00 01530061 05 /27 /2022 C HARG EPOfNT INC 28243 73 4332100 charger station repai r -Presid IN133880 750.00 00 01530062 05 /27/2022 CHRIS WILSON PLUMBING HEATING & 2424549 4331101 plumbing repairs -Aquatic Cen 18398870 200.00 00 01530063 05 /27/2022 CHRISTOPHER GERRY 1104154 4312101 Tuition Reimbursement 051 !22CGTR 1,785 .00 00 01530064 05 /27 /2022 CITYSOURCED fNC I 104190 4336000 PrimeGov Training CS -000345SI 812 .4 8 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 1104340 4351000 (A) I 057 City Hall 315 !87847714AP22 249.85 00 01530065 05 /27/2022 COACHELLA VALLEY WATER DIST. 1104344 4351000 (B) I 057 Portola CC 315 187847714AP22 388.16 00 01530065 05 /27 /2022 COACH ELLA VALLEY WATER DIST. I 104610 4351000 1093 C IVIC CENTER PARK 315245847772AP22 7,002.76 00 01530065 05 /27 /2022 COAC HELLA VALLEY WATER DIST. 1104611 4351000 1054 CITY PARKS 31518 1847708AP22 2,463.17 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. I 104 614 4351000 1055 ST MEDIANS "5" 315 I 83847710AP22 5,084.83 00 01530065 05 /27/2022 COACHELLA VALLEY WATER DIS T. 1104614 4351000 1150 WASHINGTO &1-10 5876 l 58499 l 4MY22 298 .79 00 01530065 05 /27/2022 COACHELLA VALLEY WATER DIST. 1104 614 4351000 I 0528 Entrada /Eric Johnson 317287849814AP22 973.35 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 2424549 4351000 1141 AQUATIC CENTER 512541849896AP22 740.41 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 2764374 4351000 I 0560 HAYSTACK 33055 l 849952AP22 2,478 .86 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 2764374 4351000 I 0561 HAYSTACK 330559849954AP22 2,893.27 00 01530065 05 /27/2022 COACHELLA VALLEY WATER DIST. 2774373 4351000 (3) I 056 Presidents Pl aza 315185847712AP22 59.57 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST . 2774373 4351000 (5) I 056 Presidents Plaza 315185847712AP22 59.57 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 2784374 4351000 (I) 1056 Vineyards 315185847712AP22 49.36 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 2784374 4351000 (7) I 056 Vineyards 31518584771 2AP22 104 .35 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 2814374 4351000 ( 4) I 056 The Grove 3 l 5185847712AP22 347.82 00 01530065 05 /27/2022 COACHELLA VALLEY WATER DIST. 2824373 4351000 (2) I 056 Presidents Plaza 3 315 l 85847712A P22 190 .78 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 2824373 4351000 (8) I 056 Presidents Plaza 3 315185847712AP22 62 .23 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 2834374 4351000 (6) 1056 Portola Place 3 15 I 85847712AP22 44.68 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 5 1041 95 4369601 (!) 1161 -73710 FW 652499886934AP22 115.65 00 0 1530065 05 /27/2022 COACH ELLA VALLEY WATER DIST. 5 104 195 436960 1 (3) 1161 -73710 FW FP 652499886934AP22 86.99 00 01530065 05 /27/2022 COACHELLA VALLEY WATER DIST. 5 104195 4369602 (2) I 161 -73720 FW 652499886934AP22 73.81 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 5 104195 4369800 (4) I 161 -72559 Hwy 111 652499886934AP22 61.79 Report Date 05 /27/2022 Page 2 City & Housinr Page 60 of 658 City of Palm Desert Check Register 5/2 7/2022 -5/2 7/2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01530065 05 /27 /2022 COACHELLA VALLEY WATER DIST. 5 104 195 4369800 (5) I 161 -72559 Hwy 111 FP 652499886934AP22 40.65 00 01530066 05 /27 /2022 CONSOLI DA TED ELECTRJCAL DIST. INC. 2424549 4331101 lighting supplies -Aquatic Ce 5725-1040598 2,500.72 00 01530066 05 /27/2022 CONSOLIDATED ELECTRICAL DIST. INC. 2424549 4331101 lighting supplies -credit for 5725-104 8831 -1,215 .74 00 01530067 05 /27/2022 COUNTY OF RIVERSIDE-EMERGENC Y 1104154 4219100 FY 21/22 Emergency Services 050922 15 ,843.72 00 01530068 05 /27/2022 COURTMASTER SPORTS IN C I 104610 4332100 COURT MAINT -CIVIC CENTER PAR 61775 120.00 00 01530068 05 /27 /2022 COURTMASTER SPORTS INC I 104610 4332100 COURT MAINT-CTVJC CENTER PAR 61853 120 .00 00 01530068 05 /27/2022 COURTMASTER SPORTS INC I 104610 4332100 COURT MAINT -CIVIC CENTER PAR 61898 330.00 00 01530068 05 /27 /2022 COURTMASTER SPORTS INC I 104610 4332100 COURT MAINT-CIV IC CENTER PAR 61687 330.00 00 01530068 05 /27/2022 COURTMASTER SPORTS INC I 104610 4332100 COURT MAINT -CIVIC CENTER PAR 61731 330.00 00 01530068 05 /27 /2022 COURTMASTER SPORTS INC I 104611 4332501 COURT MAINT-PARKS 61775 500.00 00 01530068 05 /27 /2022 COURTMASTER SPORTS INC 1104611 4332501 COURT MAINT -PARKS 61853 320.00 00 01530068 05 /27 /2022 COURTMASTER SPORTS lNC 1104611 4332501 COURT MAINT -PARKS 61898 500 .00 00 01530068 05 /27 /2022 COURTMASTER SPORTS INC 1104611 4332501 COURT MAINT-PARKS 61687 500.00 00 01530068 05 /27 /2022 COURTMASTER SPORTS INC I 10461 I 4332501 COURT MAINT -PARKS 61813 410.00 00 01530068 05 /27 /2022 COURTMASTER SPORTS INC I 104611 4332501 COURT MAINT -PARKS 61731 500.00 00 01530069 05 /27 /2022 D & B VISIONS 2364195 4309000 Consulting services for the Ci 833 2,975.00 00 01530069 05/27/2022 D & B VISIONS 2364 195 4309000 Consulting services for the Ci 835 5,100.00 00 0 1530070 05 /27 /2022 DAVID REYES JR. 1104330 4364000 OMV Trafic trailer # 407 Reg. 4TD5254 187 .21 00 01530071 05 /27 /2022 DEBTBOOK 11 00000 1430 100 DEBTBOOK 7/1/22-8/15/22 1115 1,5 12 .09 00 01530071 05 /27/2022 DEBTBOOK 11 04 151 4302000 lmplementation and Annual 1115 14 ,737 .91 00 01530072 05 /27 /2022 DEDICATED BU ILDING SERVICES LLC 11043 30 4331000 JAN ITORIAL -CORPYARD INV15969 2,8 00 .00 00 01530072 05 /27 /2022 D EDICATED BUILDING SERVICES LLC 1104340 4332600 JANITORIAL -CITY HALL INVl5969 7,500.00 00 01530072 05 /27 /2022 DEDICATED BUILDING SERVICES LLC I 104344 4331000 JANITORIAL-PORTOLA CC INVl5969 1,375.00 00 01530072 05 /27 /2022 DEDICATED BUILDING SERVICES LLC 4254430 4395000 CHANGE ORDER NO. I TO PROVIDE INVl5969 2,800.00 00 01530072 05 /27 /2022 DEDICATED BUILDING SERVICES LLC 5104195 4369500 JANTTORJAL -SHEFTFF SUB ST A TIO INVI5969 2,8 00 .00 00 01530072 05 /27 /2022 DEDICATED BUILDING SERV ICES LLC 5 104 195 4369500 CHANGE ORDER NO . 2 TO INCREASE lNVl5969 2,950.00 00 01530072 05 /27 /2022 DEDICATED BUILDING SERVICES LLC 5104 195 4369601 JANITORIAL -PARKVIEW OFFICE INVl5969 11 ,500 .00 Report Date 05 /27/2022 Page 3 City & Housing Page 61 of 658 City of Palm Desert Check Register 5/27/2022 - 5/27/2022 Bank ID Check Number Check Date Vendor Name Account N umber Transaction Des c Invoice Amount Paid 00 01530072 05 /27 /2022 DEDICATED BUILDING SERVICES LLC 5 104195 4369800 JANITORIAL -HENDERSON CC INV l5969 500.00 00 01530073 05 /27/2022 DESERT NAPA AUTO PARTS 11 04331 4334000 RIM Yeh #72 City Owned -Gas T 928 156 25.84 00 01530074 05 /27 /2022 DESERT PIPE & SUPPLY 1104340 4331000 flush valve replacement -City 16453640 333 .17 00 01530074 05 /27 /2022 DESERT PIPE & SUPPLY 1104610 4219000 tools -Civic Center LMA 17 16453870 93 .21 00 01530074 05/27 /2022 DESERT PIPE & SUPPLY 1104800 4388500 sewer air ventilator -Artist 16450900 59.96 00 01530075 05 /27 /2022 DESERT SUN INC. 1104111 4321000 Desert Sun 4581204 4,034.80 00 01530076 05 /27/2022 DESERT WILLOW GOLF COURSE 1104470 4312500 MTG-STAFF, CBRE, STEIN 8/4/21 5582 164 .01 00 01530076 05 /27 /2022 DESERT WILLOW GOLF COURSE 1104470 4312500 MTG-DEV SRVS/PBLC WRKS 3/31/22 5594 142 .91 00 01530077 05 /27 /2022 DESERTX 1104417 4322200 DX21 SPONSORSHIP RE ISSUE SPONSER 5,000.00 00 01530078 05 /27 /2022 ELITE CUSTOM CONSTRUCTION 4414195 4809200 roof assmnt -OW EC-38400-2 2,000.00 00 01530079 05 /27 /2022 FEDERAL EXPRESS CORP. 1104470 4366000 Mailing of BL renewals to HDL 7-762-49003 70.14 00 0 1530080 05 /27 /2022 FIRESTINE, ANDREW ROBERT 1104130 4312000 4/30-5 /2 NPC SAN DIEGO AF AF PER DIEM 333.00 00 01530080 05 /27 /2022 FIRESTINE, ANDREW ROBERT 1104130 4312000 4/30-5/2 NPC SAN DIEGO AF AF REIM-LODGING 112 .68 00 01530080 05 /27 /2022 FIRESTINE, ANDREW ROBERT I 104130 4312000 4/30-5/2 NPC SAN DIEGO AF AF REIM-MILEAGE 104.95 00 01530081 05 /27 /2022 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 COFFEE / KITCHEN SPL YS -CITY 707860 44.47 00 01530081 05 /27 /2022 FIRSTCI-IOICE COFFEE SERVICE 1104340 4219000 COFFEE / KITCHEN SPL YS -CITY 707861 445.46 00 01530081 05 /27 /2022 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 COFFEE / KITCHEN SPL YS -CITY 708276 218 .39 00 01530081 05 /27 /2022 F IRS TCHOICE COFFEE SERVICE 1104340 4219000 COFFEE / KITCHE SPLYS-CITY 708278 484.66 00 01530082 05 /27 /2022 FOSTER GARDNER I C. 1104614 4337001 FERTILIZER -EL PASEO 25768 1 2,254.69 00 01530082 05 /27 /2022 FOSTER GARDNER INC. 1104614 4337001 FERTILIZER -EL PAS EO 257983 -190.18 00 0 1530083 05 /27 /2022 FOUNTAINHEAD SHRUGGED, LLC 6 100000 2280200 Release Mnmt Dpst FPM 18-0006 R20892 4.3.19 6,048 .00 00 01530083 05 /27 /2022 FOUNTAlNHEADSHRUGGED ,LLC 6100000 2285200 Release CC&R's Dpst FPM I 8-0006 RI 8854 2.20 .19 1,73 1.40 00 0 1530084 05 /27/2022 FRONTIER COMMUN ICATIONS INC 1104159 4365000 D/U Circuit Fred Waring 7605686932-0522 56.65 00 0 1530084 05 /27 /2022 FRONTIER COMMUNICATIO NS INC 1104210 4306001 Phone Svc 7608629848 -0522 121.18 00 01530084 05 /27 /2022 FRONTIER COMMUNICATIONS INC 1104250 4365000 Traffic Signal line SVC 7603459146-0522 56.65 00 01530084 05 /27 /2022 FRONTIERCOMMUNICATJO S INC 1104344 4365000 PCC Phone Srv 7605682560-0522 132.09 00 01530084 05 /27/2022 FRONTIER COMMUN ICATIONS INC 2294210 4391400 Valley Crimestoppers Ho tline 7603417867-0522 157.99 Report Date 05/27/2022 Page 4 City & Housing Page 62 of 658 City of Palm Desert Check Register 5/2 7/2022 -5/2 7/2 02 2 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01530084 05 /27/2022 FRONTIER COMMUN ICAT IO NS INC 27 14491 4369500 EP Ph one Svc 7606749012-0 522 101.1 2 00 01530084 05 /27/2022 FRO TI ER COMMUNICATIONS INC 5 104 195 4369601 Parkvi ew Bldg Alarm Srv 7603 468393-0522 158 .17 00 01530084 05 /27 /2022 FRONTIER COMMUN ICATIONS INC 5104 195 4369601 Parkview Bldg Phone Srv 76 06741960-0522 84.66 00 01530084 05 /27 /2022 FRONTIER COMMUN ICATIONS INC 5104195 4369601 Parkview Bldg Fire Alarm 76 07791904-0522 75.20 00 0 15 30084 05 /27 /2022 FRO NTIER COMMUNIC AT IO NS INC 5 1041 95 4369601 Parkview Bldg Alarm Srv 7608361142-0522 81 .39 00 0 15 300 84 05 /27/2022 FRO NTIER COMMUNICAT IO NS INC 5 104 195 4369602 State Bldg Internet Srv 310 1746165-0522 55.98 00 01530084 05 /27 /2022 FRONTIER COMMUNICAT IONS INC 5 104195 4369800 Henderson Bldg Ph one Srv 7607766715-0522 206.25 00 01530084 05/27 /2022 FRONTIER COMMUN ICATIONS INC 11 04800 4388500 Business Line -PS AM 76034656000422 110.97 00 01530085 05 /27 /2022 FULTON DIS TRIBUTING 11 04340 4219000 SU PPLY AS NEEDED VARIO US JANIT 571202 63.49 00 0 1530086 05 /27 /2022 GALLS LLC 1104211 4306001 COPS Unifom1s 21047606 31.43 00 015300 87 05 /27 /2022 GA ME TIME 11046 11 4332501 playground eq uip part s -Mgn F P Jl -0 I 83439 153.02 00 0 1530088 05 /27/2022 GRANITE CONSTRUCTION CO INC. 1104310 4332000 ST BUILDING MATERIALS-CORP Y AR 2 175397 233.44 00 015300 89 05 /27/2022 GREATER PALM SPRINGS 6 100000 2286500 GPSTBID Remittance Jan-M ar22 C4 I 730 3RD QTR 29,303.67 00 015300 89 05 /27/2022 GREATER PALM SPRINGS 6 100000 2286500 LESS 5% A DM IN FEE C4 I 73 0 3RD QTR -1,465 .18 00 0 1530090 05 /27 /2022 H & H GENERAL CONTRACTORS INC 45 10000 2060000 RETENT Pl 15359/C37040A LINE I RETENT PP# I IS I -14,8 14 .00 00 01530090 05 /27 /2022 H & H GENERAL CONTRACTORS INC 45 14692 4400 100 PRES ID ENT'S PLAZA EAST AND WES PP#! IS i 296,280.00 00 0 1530091 05 /27 /2022 HAMMER PLUMBING AND PUMPING INC . 11 04611 4331000 CAHUlLLA HlLLS PARK RESTROOM T 22105-1 380.00 00 01530091 05 /27 /2022 HAMMER PLUMBING AND PUMPING INC. 2304220 4331000 plumbin g srvcs -Fire Station 22606-1 1,540.00 00 0 153009 1 05 /27 /2022 HAMMER PL UMB ING AND PUMPING INC. 2304220 4331000 plumbing srvcs -Fire Station 22606-2 460.00 00 01530092 05 /27/2022 HILEMAN , TODD 11 04 130 4312000 PARKlNG REIM-WESTMINSTER MTG PARKING RE IMB 40.00 00 0 1530092 05 /27 /2022 HILEMAN, TODD 11 04 130 43 12000 MEAL REIM-WESTM INSTER MTG MEALREIMB 78 .81 00 01530092 05 /27 /2022 HILEMAN , TODD 1104130 4312000 MILEAG E REIM-WESTMINSTER MTG MILEAGE REIMB 13.57 00 01530093 05 /27 /2022 HORIZON PRO FESS IO NAL LANDSCAPE 275468 1 4332100 ALLOWABLE EXTRA WORK FO R THE G 6268 2,506 .34 00 0 15 30094 05 /27 /2022 IMAG E SOURCE 1104190 4342000 Usage and suppli es -New 60 mo 25ARl438812 69.74 00 01530095 05 /27 /2022 IMPERIAL IRRlGA TION DISTRlCT 1104250 4351400 Dinah Shore Dr/Shopper 50087402-AP22 37 .30 00 01 530095 05 /27/2022 IMP ERIAL IRRIGATION DISTRI CT 11 04250 4351400 Dinah Shore Dr/Miriam 500874 I 1-AP22 36.82 00 01530095 05 /27/2022 IMPERIAL lRRIGA TION DISTRI CT 11 04250 4351400 72800 Din ah Shore Drive 50087423-AP22 60.48 Report Date 05 /27 /2022 Page 5 City & Housing Page 63 of 658 City of Palm Desert Ch eck Register 5/27/2022 - 5/27 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01530095 05 /27 /2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterrey 50087432-AP22 71.19 00 01530095 05 /27 /2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterey 50087443-A P22 38.44 00 01530095 05 /27 /2022 IMP ERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Miriam 50087452-AP22 64.05 00 01530095 05 /27/2022 IMP ERIAL IRRIGATION DISTRICT 1104250 4351400 37998 Gerald Ford Dr 505 l 4026-AP22 33.58 00 015 30095 05 /27 /2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 37996 Gerald Ford Dr Signal LT 50514028 -AP22 60 .4 8 00 01530095 05 /27 /2022 IMPERIAL IRRIGATION DISTRICT I 104250 4351400 75396 Frank Sinatra Dr 50540835-AP22 38.44 00 01530095 05 /27/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-AP22 36.82 00 0 1530095 05 /27 /2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 75398 Frank Sinatra Dr 50540840-AP22 46.86 00 01530095 05 /27 /2022 IMPERIAL IRRIGATIO N DISTRICT 1104250 4351400 33108 Mont Safety Lt 50650535-AP22 81.9 1 00 01530095 05 /27 /2022 IMP ERIAL IRRIGATION DISTRICT 1104614 4351400 34249 Monterey Ave 50488446-AP22 21.75 00 01530096 05 /27 /2022 IMP ERIAL SPRrNKLER SUPPLY rNC 110461 I 4332001 irrigaton supplies -LMA 16 5096497-00 137 .03 00 01530097 05/27 /2022 rNTERNATIONAL MUN IC IPAL SIGNAL 1104250 4312000 6/29-30/22 Fiber Optic NG 0622NG-REG 450.00 00 01530098 05 /27 /2022 J & W CARPET & UPHOL CLEANERS 5104195 4369602 CARPET CLEANING -STA TE BLG 7451 900.00 00 01530098 05 /27 /2022 J & W CARPET & UPHOL CLEANERS 5104195 4369602 CARPET CLEA ING -STATE BLG 7452 500.00 00 01530099 05 /27 /2022 JNS MEDIA SPECIALISTS /OBA JNS NEXT 4364650 4321700 Art in America 9311 3,804.35 00 01530100 05 /27 /2022 JOE GONSALVES & SON CORP 1104112 4309000 Legislative advoca te s. $3,000/ 159 878 3,000.00 00 01530100 05 /27 /2022 JOE GONSALVES & SON CORP 1104112 4309000 Legislative advocates . $3,000/ 159 878 -45.00 00 01530100 05 /27 /2022 JOE GONSALVES & SON CORP 1104112 4309000 $45.00 filing fee 159878 45.00 00 01530101 05 /27 /2022 JUD ITH SNOW 6100000 2280700 Refund Mills Act Dep Bal. 5/17/2022 573.00 00 0 1530102 05 /27 /2022 KAISER FOUNDATION HEA L TH PLAN 2300000 3412400 EMS 8/1 l /2 I Ref Run 2 I -428954 6993114 2,207.48 00 0 1530102 05 /27 /2022 KAISER FOUNDATION HEAL TH PLAN 2300000 3412400 EMS I 0 /4/18 Ref Run 18-4 I 9562 22163818 295 .76 00 01530103 05 /27 /2022 KNORR SYSTEMS INC 2424549 4331101 pool vacuum repair -Aquatic C SI237050 985.33 00 01530104 05 /27 /2022 KOA CORPORATION 2314670 5000202 PRFSNL DESIGN SVC CV LrN PNTRS JC02065-21 19,977.39 00 01530105 05 /27 /2022 LOCK SHOP rNC. 1104340 4219000 keys for water board -City Ha AA00062900 34.91 00 01530105 05 /27 /2022 LOCK SHOP rNC . 11 04340 4219000 extra keys -City Hall AA00063079 23.27 00 01530105 05 /27 /2022 LOCK SHOP I C . I 104610 4219000 keys -Civic Center Park 8800551242 17.19 00 01530105 05 /27/2022 LOCK SHOP rNC. 5104 195 4369500 keys and locks repairs -Sheri 111338 192 .71 Report Date 05 /27 /2022 Page 6 City & Housing Page 64 of 658 City of Palm Desert Check Register 5/27/2022 -5/27 /2022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 01530106 05 /27/2022 LOWE'S HOME CENTERS TNC. 1104300 4312500 bottled waters -City Hall 902278-051022 38.40 00 0 15 30106 05 /27/2022 LOWE'S HOME CENTERS lNC . 11 04310 4332000 building materia ls -Corp Yard 902988 -0 50322 9 .18 00 01530106 05 /27/2022 LOWE'S HOME CENTERS lNC. 1104330 4331000 building materials -Corp Yard 903799-033022 42.95 00 0 1530106 05 /27/2022 LOWE'S HOME CENTERS INC . 11 04330 4331000 bui ld in g materials -Corp Yard 995364 -030422 3,871.47 00 01530106 05 /27/2022 LOWE'S HOME CENTERS INC. 11043 30 4331000 build ing material s -credit fo 90 1122-041 922 -3 ,55 3.78 00 01530106 05 /27 /2022 LOWE'S HOME CE TERS TNC . 11 04340 4331000 d olly -City Hall 90 1148-050922 108 .6 1 00 01530106 05 /27 /2022 LOWE'S HOM E CE T ERS INC. 11 0461 I 4331000 glass block -Hovely Park 973 168-042722 288 .63 00 01530106 05 /27/2022 LOWE'S HOME CENTERS TNC . 11 046 11 4331000 glass block -credit for purch 9741 18-050422 -288.63 00 01530106 05 /27 /2022 LOWE'S HOM E CENTERS INC. 11 04611 4331000 glass block -Hovely Park 973 166 -042722 417.59 00 01530106 05 /27 /2022 LOWE'S HOME CENTERS INC . 11 04611 433 1000 gla ss block -credit for purch 9 73 174-042722 -4 17.59 00 01530106 05 /27 /2022 LOWE'S HOME CENTE RS INC. 11 046 14 4219000 litter pickers 902295-050422 58.28 00 01530106 05 /27 /2022 LOWE'S HOME CENTERS TNC. 2304220 4331000 bug zapper -Fire Station #33 90 1807 -05042 2 290 .59 00 0 1530106 05 /27 /2022 LOWE'S HOME CENTERS INC. 2304220 433 1000 bug zapper -Fire Station #33 90 1929 -0 50522 202 .60 00 0 1530106 05 /27/2022 LOWE'S HOME C ENTERS TNC. 5 104 195 4369500 ceiling tiles -Sheriff Sub St 9 01798-050422 60 .95 00 0 15 30106 05 /27/2 022 LOWE'S HOME CENTERS TNC . 5 104195 4369500 fauc et replacement -Sheriffs 902987-050322 193.47 00 01530106 05 /27/2022 LOWE'S HOME CENTERS TNC. 11043 10 4332000 Supplies -Corp Yard 902674-050622 225 .09 00 0 1530 107 05 /27/2022 MAGER, VANESSA 110441 6 4306101 Food & Bev fo r Bands 05 .1 2.22 98 .03 00 0 1530107 05 /27/2022 MAGER, VAN ESSA 11 04416 430610 1 Food & Bev fo r Bands 05 .1 9 .22 99 .99 00 01530108 05 /27 /2022 MONTEREY 1.0 LLC 6 100000 2283900 Release PM IO Dp st PG 19-0006 R41652/lNV#l 465 20,000 .00 00 01530109 05 /27 /2022 MONTEREY C ROSSTNG LP 6100000 2283600 Release Lega l Dp st FPM 18-0006 R3596 1 7.10.20 3 ,000.00 00 0 1530 110 05 /27/2022 MUN IM ETRIX SYSTEMS CORPORATIO N 11 04 190 4336000 Im ag eSi lo Monthly Fee 2205-11 06 79 .98 00 01530111 0 5/27/2022 NATIONAL RECREATION & PARK 11 00000 1430100 NRPA RENEWAL R.CHAVEZ 3093 72-RC2022 175 .00 00 01530112 05 /27 /2022 NORIDIA N MEDICARE J E PART B 2300000 34 12400 EMS 12/21 /21 RefRun21-729677 8AR6YX7HJ 89 317.2 8 00 01530113 05 /27 /2022 OTIS ELEV A TOR CO 5 1041 95 4369500 Elevator Svc Sheriff Substatio 100400750874 195 .39 00 01530113 05 /27 /2022 OTIS ELEV A TOR CO 5104195 4369500 Elevator Svc Sheriff Substatio I 00400782872 195 .39 00 01530114 05 /27 /2022 PAC IFIC WEST AIR CON DITIO NTNG 5 104195 4369500 ADDITIONAL FUNDS FOR THE 137366 1,183 .00 00 0 1530115 05 /27 /2022 PALM DESERT ACE HARDWARE I 104340 4219000 batteries -City Hall 236242 102 .3 1 Report Date 05 /27/2022 Page 7 City & Housing Page 65 of 658 City of Palm Desert Check Register 5/27/2 022 -5/27/2022 Bank ID Check Number Check Date Vendor Name A ccount Number Transaction Desc Invoice Amount Paid 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT I 104330 4309000 PEST CONTROL -CORPY ARD 265022 95.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 1104330 4309000 PEST CONTROL -CORPY ARD 265023 45 .00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 1104330 4309000 PEST CONTROL -CORPY ARD 258700 95.00 00 0 153011 6 05 /27 /2022 POWERFUL PEST MANAGEMENT 11 04330 4309000 PEST CONTROL -CORPY ARD 258701 45.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL -CITY HALL AND 265025 45.00 00 01530116 05 /27/2022 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL -CITY HALL AND 265026 125.00 00 01530116 05 /27/2022 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL -CITY HALL AND 258703 45.00 00 01530116 05 /27/2022 POWERFUL PEST MANAGEMENT 1104340 4309000 PEST CONTROL -CITY HALL AND 258704 125.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 1104344 4309000 PEST CONTROL -PORTOLA CC 265024 58.00 00 0 15 30116 05 /27 /2022 POWERFUL PEST MANAGEMENT 1104344 4309000 PEST CONTROL -PORTOLA CC 258702 58.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 1104 800 4388500 PEST CONTROL -ARTISTS CENTER 265035 90.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 1104800 4388500 PEST CONTROL -ARTISTS CENTER 258713 90.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE ST A TIO S 265032 80 .00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE STATIONS 265033 65.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE ST A TIO S 265034 65.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL -FIRE STATIONS 258710 80.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL-FIRE STATIONS 258711 65.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 2304220 4331000 PEST CONTROL-FIRE STATIONS 258712 65 .00 00 0 1530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 5 104195 4369500 PEST CONTROL-SHERJFF SUBSTAT 26503 1 80.00 00 01530116 05/27 /2022 POWERFUL PEST MANAGEMENT 5104195 4369500 PEST CONTROL -SHERJFF SUBSTA T 258709 80.00 00 0 1530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 5104195 4369601 PEST CONTROL-PARKVIEW COMPLE 265027 75 .00 00 01530116 05 /27/2022 POWERFUL PEST MANAGEMENT 5 1041 95 4369601 PEST CONTROL-PARKVIEW COMPLE 258705 75 .00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 5 1041 95 4369602 PEST CONTROL -ST A TE BLDG 265028 80.00 00 0 15 30116 05 /27/2022 POWERFUL PEST MANAGEMENT 5 104195 4369602 PEST CONTROL -ST A TE BLDG 258812 80.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 5 1041 95 4369800 PEST CONTROL -HENDERSO BLDG 265138 120 .00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 5 104195 4369800 PEST CONTROL -HENDERSON BLDG 265137 120.00 00 01530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 5104195 4369800 PEST CONTROL -HENDERSON BLDG 258817 120.00 Report Date 05/27 /2022 Page 8 City & Housino Page 66 of 658 City of Palm Desert Check Register 5/27/2022 -5/27 /2022 Bank ID Check Number Check Date Vendor Name Account N umber Transaction Desc Invoice Amount Paid 00 0 1530116 05 /27 /2022 POWERFUL PEST MANAGEMENT 5 104195 4369800 PEST CONTROL -HENDERSON BLDG 265136 120.00 00 01530117 05 /27 /2022 POWERSTR1DE BATTERY COMPA YfNC I 104250 4219000 connect cables P695009 20.00 00 01530118 05 /27 /2022 PPG ARCHITECTURAL FINISHES 11043 10 4391502 Grafitli supplies 972202088856 277.71 00 01530118 05 /27 /2022 PPG ARCHITECTURAL FINISHES I 104 310 4391502 Grafitti suppli es 972203099504 63. IO 00 01530119 05 /27 /2022 PROPER SOLUTIONS INC. 1104154 4303600 Temp Employee 13270 1,132 .80 00 0 1530119 05/27/2022 PROPER SOLUTIONS INC. 1104154 4303600 Temp Employee 13239 906.24 00 0 1530120 05 /27 /2022 QU INN COMPANY 1104330 4331000 GENERA TOR SRV -CORPORATION YA WOG000I2367 376 .50 00 01530120 05 /27 /2022 QUINN COMPANY I 104330 4331000 GEN ERA TOR SRV -CORPORATION YA WOG000I2368 376.50 00 01530120 05 /27 /2022 QUINN COMPANY 1104330 4331000 GENERATOR SRV-CORPORATION YA WOG00012889 1,464.70 00 01530120 05 /27/2022 QUINN COMPANY 1104330 4331000 GENERATOR SRV-CORPORATIO YA WOG000 12890 1,402 .29 00 01530120 05 /27 /2022 QUINN COMPANY 11 04330 4331000 GENERA TOR SRV -CORPORATION YA WOG000 12897 977.90 00 01530120 05 /27 /2022 QUfNN COMPANY I 104330 4331000 GENERA TOR SRV -CORPORATION YA WOG000l2898 870.70 00 01530120 05 /27 /2022 QUINN COMPANY I 104330 4331000 GENERA TOR SRV -CORPORATION YA WOG000 12899 975.84 00 01530120 05 /27 /2022 QU fNN COMPANY 1104330 4331000 GENERA TOR SRV -CORPORATION YA WOG000l2940 1,088.75 00 01530120 05 /27 /2022 QUINN COMPANY 1104 330 4331000 GENERA TOR SRV -CORPORA TTON YA WOG000l3011 1,218.05 00 01530120 05 /27 /2022 QUINN COMPANY I 104340 4331000 GENERA TOR SRV -CITY HALL & JO WOG000 12 366 376.50 00 01530120 05 /27 /2022 QUINN COMPANY 11 04340 4331000 GENERATOR SRV -C[TY HALL & JO WOG000l2372 376.50 00 01530120 05 /27 /2022 QUINN COMPANY 1104340 4331000 GENERATOR SRV-CITY HALL & JO WOG000 12888 1,932 .69 00 0 1530120 05 /27 /2022 QUINN COMPANY 11 04340 4331000 GENERATOR SRV -CITY HALL & JO WOG000 12893 1,275.66 00 01530120 05 /27 /2022 QUINN COMPANY 1104340 4331000 GENERATOR SRV -CITY HALL & JO WOG00012959 1,016 .15 00 0 1530120 05 /27 /2022 QUINN COMPANY 1104340 4331000 GENERA TOR SRV -C ITY HALL & JO WOG000 12960 823 .85 00 01530120 05/27 /2022 QU INN COMPANY 2304220 433 1000 GENERA TOR SRV -FIRE STATIONS WOG00012369 3 17 .50 00 01530120 05 /27 /2022 QUINN COMPANY 2304220 4331000 GENERA TOR SRV -FIRE STATIONS WOG000l2370 376.50 00 0 15 30120 05 /27 /2022 QUINN COMPANY 2304220 4331000 GENERA TOR SRV -FIRE STA TIO NS WOG000l237I 376.50 00 01530120 05 /27 /2022 QUINN COMPANY 2304220 4331000 GENERATOR SRV-FIRE STATIONS WOG000 12 891 1,104 .75 00 01530120 05 /27 /2022 QUINN COMPANY 2304220 4331000 GENERATOR SRV-FIRE STATIONS WOG00012892 1,220.45 00 01530120 05 /27 /2022 QUfNN COMPANY 2304220 4331000 GENERATOR SRV-FIRE STATIONS WOG000l2894 1,0 16 .63 Report Date 05/27 /2022 Page 9 C itv & Housing Page 67 of 658 City of Palm Desert Check R egister 5/2 7/2 022 -5/2 7/2 022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 0 1530120 05 /27 /2022 QUINN COMPA NY 23 04220 4331000 GENERATOR SRV - FIRE STATIO NS WOG000 I 2895 615.35 00 0 15 30120 05 /27 /2022 QUINN COMPANY 2304220 433 1000 GENERATOR SRV-FIRE STATIONS WOG000 12896 77 1.1 2 00 01530120 05/27 /2022 QUINN COMPANY 2304220 4331000 GENERATOR SRV -FIRE STATIONS WOG000I2958 709.73 00 01530121 05 /27 /2022 R DEPENDABLE CONSTRUCTION INC 4000000 2060000 RETENT Pl 15 72 3/C37960E RETENT 3175 -6,134.00 00 01530121 05 /27 /2022 R D EPE NDABLE CONSTRUCTION INC 4004161 4400100 CONSTRUCTIO N OF THE C ITY COUNC 3175 122,680.00 00 01530122 05/27 /2022 R.D .O. EQUIPMENT COMPANY 11 04331 4334000 RIM #269 City Owned -Repairs W2821245 948 .66 00 01530122 05/27/2022 R.D.O . EQU IPMENT COMPANY 11 04331 4334000 SERVICE AND OR REPAIR FOR W2796645 4,569.55 00 01530123 05 /27/2022 RILINGTON GROUP LLC 6 100000 2280200 Release Mnmt Dpst Rilington TD3984 11 .22.05 15 ,502.50 00 01530124 05 /27 /2022 RIV ERSID E COUNTY CLERK/RECORDER 1104430 4322 100 Docume nt# 2022-0 I I 66 10 22-960 15 20.00 00 0 1530 124 05 /27 /2022 RIVERSIDE COUNTY CLERK/RECORDER 11 04 111 4364000 April 2018 Recorder-Recopy 18-115282 10 .50 00 0 1530124 05 /27 /2022 RIVERSIDE COUNTY C LERK/RECORDER 11 04470 4309000 Release of Lie n 22-148723 20 .00 00 01530125 05 /27 /2022 RIVERSIDE COUNTY DEPARTMENT OF 2420000 1430100 Aq uatic Cent er Health Permit IN0446346 I ,218 .00 00 01530125 05 /27/2022 RIVERSIDE COUNTY DEPARTMENT OF 2420000 1430 100 Aquatic Center Res . Health Per IN0445490 734.00 00 0 15 30126 05 /27/2022 ROBERT HALF INTERNATIONAL INC I 104 15 4 4303600 Temp Emp loyee 59945086 1,024 .64 00 01530127 05 /27/2022 SAFEWAY SIG CO . 11 043 10 4332000 Street Name Signs 53004 413 .02 00 01530128 05 /27 /2022 SEDGWICK CLAIMS MANAGEMENT 1104310 4332000 11/5 /2020 C laim Bl 181 07 880 135.00 00 01530129 05 /27 /2022 SIGNARAMA 11 04310 4332000 Decal s for Chem icals INV-1121 88 124 .99 00 01530130 05 /27 /2022 SIMPLOT PARTNERS I 104310 4332000 Materials for m ulch project 208 13 1533 313 .79 00 01530130 05 /27 /2022 SIMPLOT PARTNERS 11 04611 4332001 irri gation s uppli es -CC Park 208 133893 524 .30 00 01530131 05 /27 /2022 SITEONE LA DS CAPE SUPPLY LLC I 104610 433200 1 irrigation suppl ies -CC Park I 18651550-001 39.53 00 01530131 05 /27 /2022 SITEONE LANDSCAPE SUP PLY LLC 11046 10 4332001 irrigation suppl ies -CC Park l l 8663678-00 I 47.08 00 01530132 05 /27/2022 SO CAL GAS 1104330 435 1200 74605 42nd Ave SHOP 05382896 I 49-MY22 34 .14 00 01530133 05 /27 /2022 SOUTH COAST A .Q .M .D. 1104330 4364000 AQMD Fees 74705 42nd Ave 3987346 143 .88 00 01530134 05 /27 /2022 SOUTH COAST AIR QUALITY MGMT DIST 23 04220 4331000 AQMD Fee July 2021 through Jun 3989432 143 .88 00 01530135 05 /27 /2022 SOUTHERN CALIFORNIA EDISON 110425 0 4351400 Traffic lamps LS-2 700524045271FB22 293 .14 00 0 1530135 05 /27 /2022 SOUTHERN CA LIFOR IA EDISON 11 04250 4351400 Traffic lamp s LS -2 70052404527 1 AP22 287.50 00 01530135 05/27/2022 SOUTHE RN CA LI FORN IA EDISON 11 04250 4351400 Street lit es LS-3 60000 1510277AP22 3,624.09 Report Date 05 /27 /2022 Page 10 City & Housing Page 68 of 658 City of Palm Desert Check Register 5/27/2022 -5/27/2 022 Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid 00 015 30135 05 /27 /2022 SOUTHERN CALIFORN IA EDISON 11 04250 4351400 TRAFFIC SIGNALS TC-I 60000 I 002544AP22 6,928.23 00 01530135 05 /27 /2022 SOUTHERN CALIFORNIA ED IS ON 11 04330 4351400 74705 4 2nd PED 700 I I 7253442MY22 1,712.72 00 0 1530135 05 /27 /2022 SOUTHERN CALIFORN IA EDI SON 11 04610 4351400 CC Park -San Pablo 700 167703344MY22 4 ,762.14 00 01530135 05 /27/2022 SOUTHERN CALIFORJ IA EDISON 1104611 4351400 73510 FW PARKS AL-2 700383536327MY22 3,442.82 00 01530135 05 /27 /2022 SOUTHERN CALIFORNIA EDISON 11 04614 4351400 Street Power PEDESTALS 7000190 19320AP 22 1,376 .51 00 01530135 05 /27 /2022 SOUTHERN CALIFORNIA EDISON 11 04614 4351400 43556 l /2 San Pablo 70065 4 070741 MY22 49.22 00 01530135 05 /27 /2022 SOUTHERN CALIFORNIA ED ISON 5 1041 95 435 1400 73710 & 73720 FW STE 7004 85 107855MY22 2 ,677.95 00 01530135 05 /27 /2022 SOUTHERN CALIFORNIA ED IS ON 5104195 436960 1 73710 FW Dr DR2 / HMI 7004 85107855MY22 8 14.00 00 01530135 05 /27 /2022 SOUTHERN CALIFORNIA EDIS ON 5 104195 4369602 73720 FW Dr HM 700485107855MY22 334.76 00 0 1530136 05 /27 /2022 SOUTHWEST AQUATICS 11 04610 433200 1 EXTRA WORK-CC PARK 02-18834 750.00 00 0 15 30136 05 /27 /2022 SOUTHWEST AQUA TICS 11 04614 4392101 EXTRA WORK-ENTRADA DEL PAS EO 05-19085 500.61 00 01530137 05 /27 /2022 ST. FRANCIS ELECTRI C LLC 1104250 4332500 TRAFF IC SIGNAL PREV ENTATIVE 200 16822 3,367.00 00 0153013 8 05 /27/2022 STAPLES BUSINESS ADV ANT AGE 1104300 4211000 SUPPLY AS NEED ED VARIOUS OFFIC 3507442524 33.59 00 01530138 05 /27 /2022 ST AP LES BUSINESS AD VANT AG E 1104300 42 11000 SUPPLY AS NEEDED VARIOUS OFF!C 350744 2525 13.11 00 01530138 05 /27 /2022 STAPLES BUSINESS AD VANT AGE 1104430 42 11000 Office S uppli es 3506567794 38.94 00 01530138 05 /27 /2022 STAPLES B USINESS ADV ANT AGE 1104430 4211000 Office Supplies 3506567797 2.83 00 01530139 05/27 /2022 SUPERIOR READY MIX CONCRETE 1104 610 4332100 PROVIDE CONCRETE FOR THE C IV IC 267 163 3,307 .65 00 0 1530140 05/27/2022 T-MOB IL E USA INC 11043 3 1 4334000 G PS fo r le ased vehicles 978220384-MY22 762 .00 00 01530141 05 /27 /2022 AL TUM GROUP, THE 2 11431 1 4332000 PROFESSIONAL S ERV ICES FOR WHIT 7632 2,693 .50 00 0 1530142 05 /27 /2022 TIME WARNER CABLE 1104190 4365000 City Hall Internet 0345093041622 1,035.00 00 01530143 05 /27/2022 TOP OF THE LINE S IGNS 4364650 4309200 Replace signs e l paseo 83 19 334 .08 00 01530144 05 /27 /2022 TOPS N BARRICAD ES INC. 11 04310 4332000 A DD!TIONAL FUNDING TO SUPPLY A 1093918 191.02 00 01530145 05/27 /2022 TRAFFlCALM SYSTEMS 1104250 4332500 A DDITIO AL FUNDS FOR PURCHASE 205976-78 12,741.56 00 01530146 05 /27 /2022 V erizon Connect NWF Inc 11 0433 1 4334000 MONTHLY MONITORING AND DIAGNOS OSV000002751053 573 .85 00 0 1530 147 05/27 /2022 VERIZON WIRELESS 1104150 4365000 Finance Mifi 99052 195 66-2 38 .01 00 01530147 05 /27 /2022 VERIZON WIRELESS 1104 154 42 19 100 EOC Phone service 9905890697-2 32.90 00 01530147 05 /27 /2022 VERIZON WI RELESS 11 04190 4365000 ITMifi 99052 19 566-3 266.07 Report Date 05 /27 /2022 Page II City & Housing Page 69 of 658 [This page has intentionally been left blank.] Page 70 of 658 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Robert Hargreaves, City Attorney REQUEST: MAKE FINDINGS THAT THE STATE OF CALIFORNIA CONTINUES IN A GOVERNOR-DECLARED STATE OF EMERGENCY TO COMBAT THE COVID EPIDEMIC, THAT STATE AND LOCAL HEALTH OFFICIALS ARE RECOMMENDING SOCIAL DISTANCING, AND THAT THE CITY MAY CONTINUE TO EMPLOY REMOTE TELECONFERENCING. RECOMMENDATION: Make findings that the State of California continues in a Governor-declared state of emergency to combat the COVID epidemic, that state and local health officials are recommending social distancing, and that the City may continue to employ remote teleconferencing. BACKGROUND/ANALYSIS: AB 361 (Government Code Section 54953(e)) provides that a local agency may employ remote teleconferencing upon a finding by the governing board that certain circumstances exist, among those that there is a Governor-declared emergency and state or local officials are recommending social distancing. The City Council will need to make those findings each month in which it continues to implement remote teleconferencing. The alternative is to revert to the pre-existing Brown Act standards for teleconferencing which require that: (1) all teleconferencing locations be identified on the agenda; (2) agendas be posted at all teleconferencing locations; (3) all teleconferencing locations be open to the public; and (4) a majority of the Council participate from locations within the City. FINANCIAL IMPACT: There is no direct fiscal impact associated with this item. REVIEWED BY: City Attorney: Robert W. Hargreaves City Manager: L. Todd Hileman Page 71 of 658 [This page has intentionally been left blank.] Page 72 of 658 Department of Alcoho lic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) ABC 211 (6/99) TO:Department of Alcoho lic Beverage Control 34-1 60 GATEWAY DR. STE 120 File Number: 63 7659 Receipt Number: 272 11 00 Geographical Code: 3318 PALM DESERT, CA 92211 (760) 324-2027 Copies Mailed Date : May 11, 2022 Iss ued D ate: DISTRI CT SERVING LOCATION : PALM DESERT F irst Owner: Name of Business : Location of Business: County : RUBERRY SALSA LLC RUBERRY SALSA 73030 EL PASEO STE 103 PALM DESERT, CA 92260-4285 RIVERSIDE Yes 67900AVA CT Census Tract: 0451 .16 Is-Premi se si nsi de c ity limits? Mailing Address :(If differe nt from DESERT HOT SPRINGS, CA 92240-6898 premi ses address) Type of license(s): 41 Dropping Partner: Yes Transferor's license/nam e: 630518 / CIRO 'S ITALIAN RESTAURANT, INC . License Type Transaction Type 41 -On -Sale Beer And Wine -Eatin g P PER License Type Appli ca ti on Fe e Appl icatio n Fee Appl ica ti on Fee Appl ica ti on Fe e 4 1 -On-S ale Beer And Wine -Ea t Transaction Desc ription PERSON TO PERSO N TRF ISSUE TE MPORARY PERM IT STATE FING ERPRINT S FED ERAL FTN GERPRINTS ANN UA L FEE H ave you ever be en co nvicted of a felony? No Master y Fee Code NA NA NA NA NA Second ary LT And Count Dup D ate Fee 0 05 /11 /22 $350 .00 I 05 /11 /22 $100 .00 2 05 /11 /22 $78 .00 2 05 /11 /22 $48 .00 0 05 /11/22 $475 .00 Total $1 ,051.00 Have you ever vio lat ed any provi s ions of the A lcoh o li c Beverage Contro l Act, or re g ul at ion s of the Department pertaining to the Act? No STATE OF CALIFORNIA Applicant Name(s) R UBERRY SALSA LLC County of RIVERSIDE Date : May 11 , 2022 No Page 73 of 658 To : From : Date : Subj ect: CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM BUILDING AND SAFETY DIVISION , CODE COMPLIANCE DIVISION , AND PLANNING DIVISION NIAMH M. ORTEGA, DEPUTY CITY CLERK May 20, 2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE{S) BY: Ruberry Salsa , LLC . at 73030 El Paseo Ste 103 Palm Desert 92260-4285 A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action . A response is required . Please mark the appropriate response below and return to my office by Friday, May 27, 2022. Responding Department: Planning Division Response: [Z] No comment -okay to present to City Council. D Refer to Date: May 23, 2022 -related comments (attach additional sheets , if necessary): ______________ _ D Other -Additional comments (attach additional sheets , if necessary): Page 74 of 658 To : From : Date: Subject: CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM BUILDING AND SAFETY DIVISION , CODE COMPLIANCE DIVISION, AND PLANNING DIVISION NIAMH M . ORTEGA, DEPUTY CITY CLERK May 20, 2022 APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: Ruberry Salsa, LLC. at 73030 El Paseo Ste 103 Palm Desert 92260-4285 A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action . A response is required . Please mark the appropriate response below and return to my office by Friday, May 27, 2022. Responding Department: Building and Safety Response: [Z] No comment -okay to present to City Council. D Refer to Date: May 23, 2022 -related comments (attach additional sheets, if necessary): ______________ _ D Other -Additional comments (attach additional sheets, if necessary): Page 75 of 658 Department of Alcoholic Beverage Control State of California APPLICATION FOR ALCOHOLIC BEVERAGE LICE SE(S) ABC 211 (6/99) TO: Department of Alcoholic Beverage Control 34 -1 60 GATEWAY DR. STE 120 File Number: 637457 Receipt Number: 2719271 Geograp hical Code: 3318 PALM DESERT, CA 9221 I (760) 324-2027 Copies Mailed Date: May 3, 2022 Iss ued Date: DISTRICT SERVING LOCATION : PALM DESERT First Owner: Name of Busines s: Location of Business: County: Is Premi ses inside city limits ? Mailing Address:(If different from premises add ress) TRAVEL TRADERS HOTEL STORES INC TBD 75 WILLOW RIDGE STE 101 PALM DESERT, CA 92260-0305 RIVERSIDE Yes 6205 BLUE LAGOON DR STE 550 MIAMI, FL 33126-6020 Census Tract: 0449.19 Type of license(s): 20 Dropping Partner: Yes_ No Transferor's license/name : 583251 / TRAVEL TRADERS HOTEL STORES INC License Type 20 -Off-Sale Beer And Wine License Type App l ication Fee Transaction Type PRM Tran sact ion Description PREMISES TO PREMISES TRF Have you ever been convicted of a felony? No Master y Fee Code NA Secondary LT And Count Dup 0 Date 05 /03 /22 Fee $8 15 .00 Total $815.00 Have yo u ever violated any provisi ons of the Alcoholic Beverage Control Act, or re g ulation s of the Departm ent pertaining to the Act? o STATE OF CALIFORN IA County of RIVERSIDE Date: May 3 , 2022 Applicant Name(s) TRAVEL TRADERS HOTEL STORES INC ~ c=--...., :JC :> -< I O'\ -0 -:x ,-:, I') C') -o::; >-< r :::.tO'° ,-,.,, Orr,(') rr,:x, rTi Ul~- rr, -< :x, (/) j'1't :--4 00 (")~ :::,.-(") f"1 Page 76 of 658 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To : BUILDING AND SAFETY DIVISION AND PLANNING DIVISION NIAMH M. ORTEGA, DEPUTY CITY CLERK From : Date: May 9, 2022 Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: T ravel Traders Hotel Stores -75 Willow Ridge Ste 101 , Palm Desert, CA 92260-0305 A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action . A response is required . Please mark the appropriate response below and return to my office by Monday, May 16 , 2022 . Responding Department: Planning Division Response: [Z] No comment -okay to present to City Council. D Refer to Date: May 9 , 2022 -related comments (attach additional sheets , if necessary): ______________ _ D Other -Additional comments (attach additional sheets , if necessary): Page 77 of 658 CITY OF PALM DESERT CITY CLERK DEPARTMENT INTEROFFICE MEMORANDUM To : BUILDING AND SAFETY DIVISION AND PLANNING DIVISION NIAMH M. ORTEGA , DEPUTY CITY CLERK From : Date : May 9, 2022 Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY: Travel Traders Hotel Stores -75 Willow Ridge Ste 101 1 Palm Desert, CA 92260-0305 A copy of the subject ABC License Application is attached for your review and recommendation to the City Council or to another department(s) for further action. A response is required . Please mark the appropriate response below and return to my office by Monday, May 16, 2022. Responding Department: Building and Safety Response: [Z] No comment -okay to present to City Council. D Refer to Date: May 12, 2022 -related comments (attach additional sheets , if necessary): --------------- D Other -Additional comments (attach additional sheets , if necessary): Page 78 of 658 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Randy Bowman, Deputy Director of Public Works REQUEST: APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C41340 WITH DOKKEN ENGINEERING OF SAN DIEGO, CALIFORNIA IN THE AMOUNT OF $199,800 FOR BRIDGE MAINTENANCE PROGRAM (PROJECT NO. 759-21) RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C41340 with Dokken Engineering of San Diego, California in the amount of $199,800. 2. Authorize the City Manager or designee to execute the amendment and to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. Funds are available in the Measure A account for the project. BACKGROUND/ANALYSIS: At its April 22, 2021, meeting, the City Council awarded Contract No. C41340 to Dokken Engineering in the amount of $198,035 for engineering and design of bridge maintenance based on recent bridge inspection reports, and to establish a preventive bridge maintenance plan in the form of a Bridge Preventive Maintenance Plan (BPMP) Report so the City is proactively managing its bridge structures. The contract was awarded with a term of three years with a possible one-year extension. Strategic Plan: While the Bridge Maintenance Program project is an on-going maintenance activity and is not a specific objective of the Strategic Plan, maintaining the City’s bridges is an essential function of the City for safety and roadway connectivity. Project Status: To date, the project has delivered the BPMP report, which identified the following: • Identified 27 grade separated structures (bridges) that carry vehicular and pedestrian traffic either fully or partially within the city limits. • Four of the 27 structures are dedicated pedestrian bridges, and 23 structures carry a mix of vehicular, pedestrian, and bicycle traffic. • 16 of the 27 bridges are the City’s sole responsibility to maintain. The remainder of the bridges either within private property or are under the jurisdiction of the County of Riverside or Caltrans. • Caltrans routinely inspects 11 of the 27 structures every two years. Page 79 of 658 City of Palm Desert Amendment No. 1 to Contract No. C41340 Page 2 of 3 The consultant has determined that those structures under the City of Palm Desert’s jurisdiction are in good condition; however, ten of the 16 structures have been identified for preventative maintenance in order to maintain the good working order and extend the useful life of bridges that carry public traffic. Staff has requested funding for the bridge maintenance work in the City’s proposed FY22/23 Capital Improvement Program. Staff is requesting to amend the contract with Dokken Engineering to move from the study phase of the Bridge Maintenance Program to the preparation of plans and specifications for the recommended maintenance for the bridges identified in the BPMP. In addition, the amendment will include: • Additional records research to determine maintenance responsibility of bridges with County of Riverside ownership. • Inspection reports for non-bridges and pedestrian structures not already inspected by Caltrans, so the City can determine future maintenance needs. • Continued updates to the BPMP Report based on additional research. • Bidding and Construction Engineering support. • Additional bridge engineering services as needed. FINANCIAL IMPACT: The Measure A Fund is the proposed source for this project; therefore, there will be no impact to the City’s general fund. The 5-Year funding breakdown for the project is as follows: Project Funding Source Year Description Budget for this Project Actual Cost to Date Total Project Cost Bridge Inspection & Repair Program Measure A FY20/21 BPMP and Preliminary Engineering $300,000 $198,035 FY21/22 Final Engineering $199,800 FY22/23 Construction $320,0001 FY23/24 Construction $1,000,0001 FY24/25 Construction $700,0001 FY25/26 Construction $2,000,0001 FY26/27 Construction $300,0001 $4,717,8351 Bolded amount is the subject of this request. 1 CIP Budget update in FY22/23 is proposed to include multiple projects stemming from BPMP and preliminary engineering. Construction funding represents locally funded improvements. REVIEWED BY: Page 80 of 658 City of Palm Desert Amendment No. 1 to Contract No. C41340 Page 3 of 3 Department Director: Randy Bowman for Andy Firestine Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Amendment No. 1 2. Vicinity Map Page 81 of 658 Contract No. C41340 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DOKKEN ENGINEERING 1. Parties and Date. This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT is made and entered into as of this 9th day of June, 2022, by and between the City of Palm Desert (“City”) and Dokken Engineering, a California Corporation, with its principal place of business at 1450 Frazee Road, Suite 100, San Diego, CA 92108 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services” dated April 22, 2021 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide professional engineering services. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term and for additional compensation. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1 Section 3.3.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: 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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Three Hundred Ninety-Seven Thousand Eight Hundred Thirty-Five dollars ($397,835.00) without written approval of the City Council or City Manager, as applicable. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same Page 82 of 658 Contract No. C41340 Page 2 of 3 instrument. [SIGNATURES ON FOLLOWING PAGE] Page 83 of 658 Contract No. C41340 Page 3 of 3 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND DOKKEN ENGINEERING IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT Approved By: L. TODD HILEMAN City Manager Attested By: Anthony J. Mejia, City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney DOKKEN ENGINEERING Signature Name Title Signature Name Title QC Insurance ID: _____________ __________ __________ Page 84 of 658 1450 Frazee Road, Suite 100  San Diego, CA 92108  Tele: 858 514-8377  Fax: 858 514-8608 May 20, 2022 Mr. Randy Bowman, P.E. Deputy Director of Public Works City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 RE: Bridge Maintenance Program – Contract No. C41340 (Project No. 759-21) Request for Contract Amendment No. 1 Dear Mr. Bowman, Pursuant to our discussion with the City of Palm Desert, we are pleased to submit Contract Amendment No. 1 to provide additional services to the City of Palm Desert to complete Bridge Preventative Maintenance for six (6) additional City bridges, conduct additional Maintenance Agreement research, and provide elemental bridge inspection for five (5) non-bridge and pedestrian bridge structures. The Scope of Work for additional services is provided below: Task 7.0 Project Management for Additional Bridges Subtask 7.1 Meetings, Coordination, and Project Administration: Dokken will organize, attend, and facilitate meetings to provide progress updates, coordinate between stakeholders and technical disciplines, and facilitate overall project communication for the duration of the design, advertisement, and bidding of the additional bridges identified below in Task 9.2. For each meeting, we will provide meeting notices, prepare meeting materials and agenda, attend and facilitate the meeting and prepare meeting minutes. Our Team will consult with the City’s project manager prior to each meeting to get input regarding the agenda. We will prepare monthly Progress Reports indicating work accomplished in the last period, anticipated work to be completed in the next period, issues that require resolution, milestones achieved, meetings held, problems encountered, and actions taken, approval actions required, coordination issues and design schedule impacts. Subtask 7.2 Quality Control/Quality Assurance: Dokken will regularly conduct the Quality Control and Quality Assurance procedures outlined above at every submittal milestone for the duration of the design and bidding of the additional bridges identified below in Task 9.2. The Project Manager will schedule internal submittal deadlines to provide adequate time for the Quality Control/Quality Assurance (QC/QA) Manager to perform the necessary reviews and back checks. The QC/QA manager will report to the Project Manager before each submittal milestone to ensure that only quality submittals are delivered to the City of Palm Desert. Deliverables: Meeting Notices; Agendas; Meeting Minutes; Meeting Presentation Materials; Monthly Progress Report; Project Schedule; Team Coordination Task 8.0 Additional Studies and Analysis Subtask 8 .1 Additional Maintenance Agreement Research: Dokken will research and review existing maintenance agreements for identified County of Riverside bridges partially located within the City of Palm Desert to verify maintenance responsibilities between both agencies. A summary memorandum will be provided to the City outlining the findings of the additional maintenance agreement research. Subtask 8.2 Element Level Inspection Reports for Non-Bridges and Pedestrian Structures: Dokken will perform comprehensive element level photo documented visual inspections of reinforced box culverts and pedestrian bridges identified in the BPMP Report which are not eligible for inspection by Caltrans. We will prepare separate elemental level inspection reports conforming to the National Bridge Inventory (NBI) standards and formats for each structure. The reports will include recommendations for future maintenance, and recommended timelines to complete the work to extend the useable service life of the structures. Page 85 of 658 1450 Frazee Road, Suite 100  San Diego, CA 92108  Tele: 858 514-8377  Fax: 858 514-8608 Subtask 8.3 Bridge Preventative Maintenance Plan (BPMP) Report Update: Dokken will update the City of Palm Desert’s existing BPMP Report at the completion of Bridge Maintenance Repair construction projects identified in the original contract, and in this Contract Amendment No. 1. Cost estimates will be updated for all structures with identified future maintenance needs. The BPMP Report update will include an updated comprehensive BPMP listing with new prioritization ranking and Cost Estimates as appendices. Subtask 8.4 Bridge Preventative Maintenance Plan (BPMP) Spreadsheet Update: Dokken Engineering will update the City of Palm Desert’s BPMP spreadsheet conforming to the Caltrans Local Assistance Procedures Guidelines manual at the completion of Bridge Maintenance Repair construction projects identified in the original contract, and in this Contract Amendment No. 1. Sufficiency ratings (if applicable), work descriptions, and total BPMP eligible participating costs will be updated to reflect completed Bridge Maintenance Repair construction projects. The BPMP spreadsheet will be submitted to the Caltrans Local Assistance Area Engineer for review and subsequent forwarding to Caltrans Headquarters for review, approval, and programming. Deliverables: Maintenance Agreement Memorandum; Field Review and Documentation Memorandum; Elemental Bridge Inspection Reports; Updated BPMP Report; Updated BPMP Spreadsheet Task 9 .0 ADDITONAL CONSTRUCTION PLANS, SPECIFICATIONS, & ESTIMATE Subtask 9.1 Utility Coordination and Mapping: Dokken Engineering will request facility maps from existing utility companies in and around the project areas of the vehicular structures scheduled for maintenance construction identified in subtask 9.2. We will complete a comprehensive as-built plan review, prepare a utility base map, and evaluate for potential conflicts that may impact construction activities. Our team will ensure sufficient protective measures are implemented to protect the facilities during construction or coordinate with the utility company to resolve the utility conflict. Subtask 9.2 Bridge Maintenance Repair Plans, Specifications, & Estimate: Dokken Engineering will create schematic plans, technical specifications, and construction estimates for the Bridge Preventative Maintenance projects identified below. Dokken Engineering will coordinate Traffic Control Plans and Stormwater Best Management Practices (BMP’s) as needed with the appropriate agencies for approval. Encroachment Permit applications will be prepared and filed for any traffic control needed within or adjacent to Caltrans right-of-way. Plans will be submitted in ready-to-print PDF and also AutoCAD format. Technical specifications will be created using Microsoft Word, and will follow the 2021 Standard Specifications for Public Works Construction (Greenbook) format. It is assumed that the City of Palm Desert will provide the boilerplate for the project documents. • Br. No. 56C-0327 (Thrush Road over PVC) • Br. No. 56C-0167 (Fred Waring Dr over PVC) • Br. No. 56C-0326 (Tierra Del Oro over PVC) • Br. No. 56C-0347 (Portola Ave over Haystack) • Br. No. 56C-0329 (Park View Drive over PVC) • Br. No. 56C-0494 (Cook St. over Whitewater) Deliverables: Encroachment Permits, Plans, Specifications, and Estimates (PDF, AutoCAD, and Word format) Task 10.0 Bidding Support and Construction Engineering for Additional PS&E Dokken Engineering will provide bid support and as-needed construction engineering services through the completion of the group of Bridge Preventative Maintenance projects identified in Task 9.2. Bid support includes responding to bidder inquiries, and assembling addendum releases as needed during the project advertisement window. Construction engineering include attending the pre-construction meeting with the City and the awarded Contractor, addressing Contractor Requests for Information (RFI’s), review of proposed materials and show drawings, up to six (6) site visits, and engineering/detailing of any plan changes that may be needed to complete construction of the projects identified in Task 9.2. Upon completion of construction, Dokken Engineering will compile all construction changes and Resident Engineer’s markups to assemble a final set of As- Built Plans. Deliverables: Bidder Inquiry responses, Addendum cover letter and Plan/Specification changes, RFI responses, Materials Review recommendations, As-Built Plans Task 11.0 Supplemental Engineering Services Dokken Engineering will provide supplemental services as approved by the City to support the updates to the Bridge Preventative Maintenance Plan, Emergency Repair Plans and Inspections, and supplemental Construction Plans, Specifications, and Estimates. These possible tasks may include additional field reviews, inspections, design plans with traffic control, bridge investment credit applications, and bidding/construction engineering. Page 86 of 658 1450 Frazee Road, Suite 100  San Diego, CA 92108  Tele: 858 514-8377  Fax: 858 514-8608 As summarized in the following table, our total additional fee for completing the work described herein will be One Hundred Ninety-Nine Thousand Eight Hundred Dollars, $199,800.00. We will proceed with this work upon receipt of a notice to proceed from the City. Task No. - Description Estimated Hours Estimated Cost Task 7.0 – Project Management for Additional Bridges 37 $19,860 Task 8.0 – Additional Studies and Analysis 250 $46,890 Task 9.0 – Additional Construction PS&E 524 $85,530 Task 10 – Bid Support & CON Engineering for Add. BPMP 120 $17,520 Task 11 – Supplemental Engineering Services N/A $30,000 Totals 931 $199,800 Thank you for the continued opportunity to provide engineering services for the City of Palm Desert. Please don’t hesitate to call me at (858) 514-8377 if you have any questions. Sincerely, Charles Tornaci, PE Dokken Engineering Project Manager Page 87 of 658 HOURS COST BREAKDOWN BY TASK AND CLASSIFICATION CITY OF PALM DESERT BRIDGE MAINTENANCE PROGRAM (PROJECT NO. 759-21) AMENDMENT NO. 1 May 20, 2022 John KlemunesPrincipal in ChargeTim OsterkampQA/QCCharles TornaciProject ManagerTony PowersProject EngineerAmir MomeniSenior Bridge Engineer 2Fortunato EnriquezSenior Bridge Engineer 1Khanh DangSenior Bridge CAD TechnicianMichael GreerSenior Roadway Engineer 2Justin ThornberAssociate Roadway Engineer 2Associate Roadway Engineer 2Assistant Bridge Engineer 2Engineering Technician$300 $265 $225 $205 $210 $190 $200 $230 $165 $165 $135 $125 City of Palm Desert - Bridge Maintenace Program - Amendment No. 1 Task 7 – Project Management for Additional Bridges 3 16 60 4 2 85 $19,860 7.1 Meetings, Coordination, and Project Administration 2 60 4 2 68 $15,320 7.2 Quality Control/Quality Assurance 1 16 17 $4,540 Task 8 – Additional Studies and Analysis 16 120 12 12 30 60 250 $46,890 8.1 Additional Maintenance Agreement Research 2 12 30 44 $8,160 8.2 Element Level Inspection and Report for Non-Bridges and Pedestrian Structures 8 120 60 188 $35,100 8.3 BPMP Report Update 4 8 12 $2,420 8.4 Bridge Preventative Maintenance Plan Spreadsheet Update 2 4 6 $1,210 Task 9 – Additional Construction Plans, Specifications, & Estimate 42 40 120 20 10 20 12 100 160 524 $85,530 9.1 Utility Coordination and Mapping 2 2 12 16 $2,890 9.2 Bridge Maintenance Repair Plans, Specifications, & Estimate 40 40 120 20 8 20 100 160 508 $82,640 Task 10 – Bidding Support and Construction Engineering for Additional PS&E 4 4 20 8 40 40 116 $17,520 Task 11 - Supplemental Engineering Services $30,000 TOTAL HOURS 3 16 122 44 120 156 28 24 50 12 200 200 975 TOTAL COST (NOT TO EXCEED)$900 $4,240 $27,450 $9,020 $25,200 $29,640 $5,600 $5,520 $8,250 $1,980 $27,000 $25,000 $199,800 TASK DESCRIPTION TOTAL HOURS TOTAL COST DOKKEN ENGINEERING OTHER DIRECT COST Page 88 of 658 Vicinity Map The City of Palm Desert conducted a bridge inventory in 2021. The City has identified 27 grade separated structures (bridges) that carry vehicular and pedestrian traffic either fully or partially within the city limits. These structures span over stormwater channels, rivers, railroad facilities, or State Highway facilities. As shown in the following map, four (4) are dedicated pedestrian bridges, and twenty-three (23) carry a mix of vehicular, pedestrian, and bicycle traffic. Page 89 of 658 [This page has intentionally been left blank.] Page 90 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Shawn Muir, Management Analyst Randy Chavez, Community Services Manager Andy Ramirez, Deputy Director of Public Works REQUEST: AWARD CONTRACT TO RECREATION BRANDS SOUTHERN CALIFORNIA FOR THE CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS IMPROVEMENTS PROJECT, IN THE AMOUNT OF $207,954.25 (PROJECT NO. 718-22). RECOMMENDATION: 1. Award a Contract to Recreation Brands of Southern California of Escondido, California, in the amount of $207,954.25 for the Civic Center Park Fitness, Shade & Furnishings Improvements Project (Project No. 718-22). 2. Authorize the Director of Finance to set aside a 10% contingency in the amount of $20,795 3. Authorize the City Manager or his designee to review and execute change orders up to the contingency amount for unanticipated conditions, per Section 3.30.170 Section A of Ordinance No. 1335. 4. Authorize the Mayor to execute the subject agreement. Funds in the amount of $250,000 are available in Account No. 2334618-4400100. BACKGROUND/ANALYSIS: During Fiscal Year 2019-2020, Public Works staff presented a White Paper for the installation of outdoor fitness facilities at City Parks. A budget of $250,000 was approved for this purpose and aims to provide recreational and exercise opportunities while furthering the goal of Healthy Eating Active Living (HEAL) within the City. Since the approval of these funds, staff has worked to identify the best location to place the equipment at Civic Center Park as outlined in the attached vicinity map. Staff also worked with Recreation Brands of Southern California to identify appropriate types of equipment, ADA accessible amenities, and additional needs such as shade, surfacing, tables, and waste receptacles. For this project, OMNIA Partners (OMNIA), a procurement entity contracted by the City was used for immediate access to the largest portfolio of competitively solicited and publicly awarded cooperative purchasing agreements. Recreation Brands of Southern California, a contracted partner of OMNIA provided pricing that is the same or lower than those of OMNIA’s verified price sheets. Therefore, staff recommends the City Council approve the supply and installation of the attached fitness equipment, shade structures, and furnishings to Recreation Brands of Southern California. Page 91 of 658 City of Palm Desert Award Contract to Recreation Brands for Fitness Equipment Page 2 of 2 Strategic Plan: The Priority 3 goal of Parks and Recreation mandates that the City’s Park system make recreational and exercise opportunities pervasive in all public spaces. The installation of outdoor fitness equipment open to the public will further this goal. FINANCIAL IMPACT: This project is included in the approved Capital Improvement Project List for Fiscal Year 2022- 23 and funded with Restricted Parks & Recreational Facilities Funds. Therefore, there is no direct impact to the General Fund. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Agreement 2. Proposal – Recreation Brands 3. FY19/20 White Paper (RQ# 19-PW-033) 4. OMNIA Information 5. Vicinity Map Page 92 of 658 Contract No. __________ - 1 - CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS IMPROVEMENTS PROJECT NO. 718-22 1. PARTIES AND DATE. This Agreement is made and entered into this 9th day of June, 2022 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- 2578, County of Riverside, State of California (“City”) and RECREATION BRANDS OF SOUTHERN CALIFORNIA, INC. a Corporation, with its principal place of business at 540 S. ANDREASEN DRIVE, SUITE G, ESCONDIDO, CA 92029 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS IMPROVEMENTS PROJECT (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor 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 maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. 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. 3.1.2 Term. The term of this Agreement shall Time is of the essence in the performance of the Work. The Work shall be commenced on the date stated in the City’s Notice to Proceed. The Contractor shall complete all Work required by the Contract Documents within 120 Days from the commencement date stated in the Notice to Proceed. By its signature hereunder, Contractor agrees the time for completion set forth above is adequate and reasonable to complete the Work. Page 93 of 658 Contract No. __________ - 2 - 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates Shawn Muir, Management Analyst, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Shawn Muir, Management Analyst, or designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his 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. 3.2.6 Coordination of Services. Contractor 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 reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, Page 94 of 658 Contract No. __________ - 3 - including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance and Liquidated Damages. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of two hundred fifty Dollars ($250.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 Labor Certification. By its signature hereunder, Contractor Page 95 of 658 Contract No. __________ - 4 - 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. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, 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. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor 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 that is satisfactory to City. (A) General Liability Insurance. Contractor 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. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Page 96 of 658 Contract No. __________ - 5 - (B) Automobile Liability Insurance. Contractor 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 Contractor 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. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) RESERVED (F) RESERVED (G) RESERVED 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor 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 endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. Page 97 of 658 Contract No. __________ - 6 - City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Contractor 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 Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) 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 has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits Page 98 of 658 Contract No. __________ - 7 - maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City 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. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. (Q) Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Page 99 of 658 Contract No. __________ - 8 - judgment may be necessary for its proper protection and prosecution of the work. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet Page 100 of 658 Contract No. __________ - 9 - these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Page 101 of 658 Contract No. __________ - 10 - days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor 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 not exceed Two Hundred Seven Thousand Nine Hundred Fifty-Four Dollars and Twenty- Five Cents ($207,954.25) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.2.1 Retainer. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Agreement retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107. Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Agreement prior to final payment by City. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment Page 102 of 658 Contract No. __________ - 11 - notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Page 103 of 658 Contract No. __________ - 12 - Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 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 General Provisions. 3.5.1 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: Contractor: Recreation Brands of Southern California, Inc. 540 S. Andreasen Drive Suite G Escondido, CA 92029 Attn: Mike Etchison City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Shawn Muir, Public Works Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date Page 104 of 658 Contract No. __________ - 13 - actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. Page 105 of 658 Contract No. __________ - 14 - 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor 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. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as 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. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 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. 3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 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. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. 3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one Page 106 of 658 Contract No. __________ - 15 - 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. 3.5.15 Authority to Enter Agreement. Contractor 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. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 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. [SIGNATURES ON NEXT PAGE] Page 107 of 658 CONTRACT NO. _______________ SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND CALIFORNIA COMMERCIAL POOLS, INC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. TODD HILEMAN CITY MANAGER ATTEST: By: NIAMH M. ORTEGA DEPUTY CITY CLERK APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney RECREATION BRANDS OF SOUTHERN CALIFORNIA, INC. By: Its: Printed Name: Mike Etchison By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) Page 108 of 658 Contract No. __________ Exhibit A-17 EXHIBIT “A” [SEE PROPOSAL FOR FULL SCOPE] Page 109 of 658 Contract No. __________ Exhibit A-18 Page 110 of 658 Contract No. __________ Exhibit A-19 EXHIBIT “B” SCHEDULE OF SERVICES The term of this Agreement shall be from June 1, 2022, to December 31, 2022, unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services Page 111 of 658 CONTRACT NO. _______________ EXHIBIT “C” COMPENSATION Page 112 of 658 Contract No. __________ Page 113 of 658 Contract No. __________ PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to RECREATION BRANDS OF SOUTHERN CALIFORNIA, INC., (hereinafter referred to as the “Contractor”) an agreement for CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS IMPROVEMENTS (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, RECREATION BRANDS OF SOUTHERN CALIFORNIA, INC., the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of TWO HUNDRED SEVEN THOUSAND NINE HUNDRED FIFTY-FOUR DOLLARS AND TWENTY-FIVE CENTS, ($207,954.25), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Page 114 of 658 Contract No. __________ (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Page 115 of 658 Contract No. __________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) RECREATION BRANDS OF SOUTHERN CALIFORNIA, INC. Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Page 116 of 658 Contract No. __________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual ¨ Corporate Officer Title(s) Title or Type of Document ¨ Partner(s) ¨ Limited ¨ General Number of Pages ¨ Attorney-In-Fact ¨ Trustee(s) ¨ Guardian/Conservator Date of Document ¨ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 117 of 658 Contract No. __________ NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual ¨ Corporate Officer Title(s) Title or Type of Document ¨ Partner(s) ¨ Limited ¨ General Number of Pages ¨ Attorney-In-Fact ¨ Trustee(s) ¨ Guardian/Conservator Date of Document ¨ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 118 of 658 Contract No. __________ PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed JUNE 9, 2022 has awarded to RECREATION BRANDS OF SOUTHERN CALIFORNIA, INC. hereinafter designated as the “Principal,” a contract for the work described as follows: CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS IMPROVEMENTS (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of TWO HUNDRED SEVEN THOUSAND NINE HUNDRED FIFTY-FOUR DOLLARS AND TWENTY-FIVE CENTS, ($207,954.25) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or Page 119 of 658 Contract No. __________ released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Page 120 of 658 Contract No. __________ IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) RECREATION BRANDS OF SOUTHERN CALIFORNIA, INC. Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Page 121 of 658 Contract No. __________ NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual ¨ Corporate Officer Title(s) Title or Type of Document ¨ Partner(s) ¨ Limited ¨ General Number of Pages ¨ Attorney-In-Fact ¨ Trustee(s) ¨ Guardian/Conservator Date of Document ¨ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 122 of 658 Contract No. __________ NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ¨ Individual ¨ Corporate Officer Title(s) Title or Type of Document ¨ Partner(s) ¨ Limited ¨ General Number of Pages ¨ Attorney-In-Fact ¨ Trustee(s) ¨ Guardian/Conservator Date of Document ¨ Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 123 of 658 PROPOSAL INFORMATION DATE: April 22, 2022 Palm Desert Parks and Recreation Department Attn: Shawn Muir 43900 San Pablo Avenue Palm Desert, CA 92260 Phone: 760-776-6481 smuir@cityofpalmdesert.org SUBMITTED BY: Michael Etchison Phone: 858-442-3670 PROJECT: CIVIC CENTER PARK FITNESS, SHADE & FURNISHINGS IMPROVEMENTS BINDER NOTICE: This DESIGN / DEVELOPMENT contains privileged and confidential information and is intended only for the Owner to whom it is addressed. If you do not represent the Owner, you should not disseminate, distribute or copy this design / development. The content of this plan is the confidential property of Play & Park Structures and should not be copied, modified, retransmitted, or used for any purpose except w/ Play & Park Structures written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. PLAYGROUND IMPROVEMENTS  Color Cads  Labeled View Drawings  Component cut sheets  ActionFit Fitness Equipment / Tot Turf Supreme Surfacing / UltraShade Cantilever Shades / UltraSite Furnishings / Quote No. 807-150731  Prevailing wage Equipment Installation by Western State Builders and site work, demo etc. for the above-referenced Fitness and Shade Improvements – Materials + install + surfacing Above mentioned Equipment /No. 807-150731 $207,954.25 Equipment Installation, site work, for the above-referenced including Pour-in-Place Rubber Surfacing Turnkey Sub-Total $207,954.25 Page 124 of 658 Please complete the following to establish credit and proceed with the order: 1. Sign and return quotation(s) a. OR – Issue Purchase Orders (1-Total) to initiate order placement and/or payment in full. i. Purchase Order No. 1 – Play & Park Structures 2. Finalize color authorization sheet and/or customize accordingly. FITNESS – BUTTERSCOTCH ACCENTS AND BRONZE FRAME FURNISHINGS – ULTRA BLUE FABRIC SHADES – BEIGE POSTS NAVY FABRIC 3. Return credit application 4. Storage On-Site: Yes / No a. Note: Customer is responsible for storage. 5. Confirm Ship to Address and Contact Name: 43900 San Pablo Ave, Palm Desert, CA 92260 Once the above items are completed and returned via fax, we can proceed with the order. • Manufacturing Lead-time o ActionFit - is currently experiencing lead times of 10-14 weeks from the date the order is received. o UltraShade - is currently experiencing lead times of 2-3 weeks engineer, 8-12 weeks column fabrication from the date the order is received. o UltraSite Furnishings - is currently experiencing lead times of 10-14 weeks from the date the order is received. Please feel free to give us a call if you have any questions and/or would like to place the order. Regards, Mike Etchison, ASLA CA Licensed Landscape Architect, 3713 t: 858.442.3670 | f: 423.425.3124 | e: mike.etchison@RecreationSC.com 540 S. Andreasen Drive, Suite G, Escondido, Ca 92029 www.recreationsc.com Stay up to date with RBSC by following us on LinkedIN! Page 125 of 658 Recreation Brands of Southern California, Inc. 540 S. Andreasen Drive Suite G Escondido, CA, 92029 Phone: 858-442-3670 Fax: 423-425-3124 Email: mike.etchison@recreationsc.com Contact: Mike Etchison Civic Center Park Palm Desert Parks and Recreation Department Attn: Shawn Muir 43900 San Pablo Avenue Palm Desert, CA 92260 Phone: 760-776-6481 smuir@cityofpalmdesert.org Quote Number: 807-150731 Quote Date: 4/22/2022 Stock ID Description Quantity Weight Unit Price Amount UP264 STEP UP STATION 1 302 $1,585.00 $1,585.00 UP197 Freestanding Sign Post 1 20 $234.00 $234.00 UP217S HAND CYCLE (ACESSIBLE) - INGROUND MOUNT 1 0 $5,363.00 $5,363.00 UP354 SKILL TRAINER 1 179 $2,985.00 $2,985.00 UP170S LEG PRESS(IN-GROUND)1 161 $4,653.00 $4,653.00 UP164S CARDIO WALKER(IN-GROUND)1 179 $4,653.00 $4,653.00 UP179S CHEST PRESS ACCESS-IN-GRD 1 203 $6,134.00 $6,134.00 UP168S SIT-UP/BACK EXT(IN-GRD)1 166 $4,630.00 $4,630.00 UP255 PUSH-UP 1 101 $905.00 $905.00 UP167S CAPTAINS CHAIR(IN-GROUND)1 170 $3,694.00 $3,694.00 UP261 JOINT USE PULL-UP BAR 1 162 $1,321.00 $1,321.00 OMNIA OMNIA DISCOUNT - ACTION FIT 1 0 ($1,807.85)($1,807.85) - - SHADE MULTI-DOME DUGOUT 12X57 SHADE 1 0 $12,400.00 $12,400.00 -(5) COLUMNS, (4) DOMES EACH 12X14.25, 8' EAVE HEIGHT, EMBEDDED, P/C STRUCTURE OMNIA OMNIA DISCOUNT - SHADE 1 0 ($620.00)($620.00) - - SHADE MULTI-DOME DUGOUT 12X38 SHADE 1 0 $9,300.00 $9,300.00 -(4) COLUMNS, (3) DOMES EACH 12X12.66, 8' EAVE HEIGHT, EMBEDDED, P/C STRUCTURE OMNIA OMNIA DISCOUNT - SHADE 1 0 ($465.00)($465.00) - - ENGINEER SIGNED & SEALED ENGINEERING DRAWINGS, CALCULATIONS AND FOOTING DESIGN 2 0 $1,100.00 $2,200.00 PIP 1,445 SF OF PIP 1 0 $34,780.00 $34,780.00 -1,445 Total Sq Ft ( 2 pads adjacent to each other ) 4' CFH at both pads pad 1 = 865 sf pad 2 = 580 sf Includes 100% Supreme - TBD No Design, No TTA pads Aliphatic Binder Prevailing Wages PLX-36FT 36 GALLON LEXINGTON RECEPTACLE W/ FLAT TOP LID & PLASTIC LINER 4 0 $1,336.00 $5,344.00 OMNIA OMNIA DISCOUNT - SITE 4 0 ($66.80)($267.20) - - P337SM-V6 6' SINGLE PEDESTAL TABLE, SURFACE MOUNT, DIAMOND - PC FRAME 4 0 $1,395.00 $5,580.00 OMNIA OMNIA DISCOUNT - SITE 4 0 ($69.75)($279.00) - - P5708SM SURFACE MOUNT TRADITIONAL SINGLE SIDED PARKING 8' LONG - POW 2 0 $656.00 $1,312.00 OMNIA OMNIA DISCOUNT - SITE 2 0 ($32.80)($65.60) --Page 126 of 658 INSTALL PREVAILING WAGE INSTALLATION 1 0 $78,818.00 $78,818.00 Pricing per National IPA / OMNIA Partners Public Sector Contract #R220202. Please reference contract number on your purchase order made out to Play and Park Structures. Total Weight:1643 SubTotal:$182,386.35 Material Surcharge:$9,973.33 Estimated Freight:$9,490.54 Tax:$6,104.03 Total Amount:$207,954.25 THIS QUOTATION IS SUBJECT TO POLICIES IN THE CURRENT PLAY & PARK STRUCTURES CATALOG AND THE FOLLOWING TERMS AND CONDITIONS. OUR QUOTATION IS BASED ON SHIPMENT OF ALL ITEMS AT ONE TIME TO A SINGLE DESTINATION, UNLESS NOTED, AND CHANGES ARE SUBJECT TO PRICE ADJUSTMENT. PURCHASES IN EXCESS OF $1,000.00 TO BE SUPPORTED BY YOUR WRITTEN PURCHASE ORDER MADE OUT TO PLAY & PARK STRUCTURES, C/O Recreation Brands of Southern California, Inc.. Pricing: f.o.b. factory, firm for 30 days from date of quotation. Freight charges: Prepaid & added Installation: A certified Play & Park Structures Installer is recommended for play equipment installation. Customer shall be responsible for scheduling coordination and site preparation. Site should be level and permit installation equipment access. Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any concealed materials or conditions that may result in additional labor or material costs. Submittals: our design proposal reflects the spirit and intent of the project plans and specifications. While some variations may exist between our quotation and the project design, the differences do not materially affect the intended use. Play & Park Structures designs and specifications are unique and not intended to be identical in all respects to other manufacturers. We shall submit for review and approval by the owner's representative detailed drawings depicting the equipment to be furnished accompanied by specifications describing materials. Once approved, these drawings and specifications shall constitute the final documents for the project and shall take precedence over all other requirements. Exclusions: unless specifically included, this quotation excludes all site work and landscaping; removal of existing equipment; acceptance of equipment and off-loading; storage of goods prior to installation; equipment assembly and installation; safety surfacing; borders and drainage provisions. Two (2) Independent Fitness Area(s) – INSTALL 1. Remove & Return to the City of Palm Desert two (2) Trash Receptacles as per plan. 2. Remove & Return to the City of Palm Desert one (1) Concrete Picnic Table as per plan. 3. Remove & dispose of two (2) Bike Racks as per plan. 4. Remove & dispose of six (6) 8’ Wood Bench w/ Backs as per plan. 5. Earthwork Operations; Remove & Dispose of 1,445 Sq.Ft. (6” Depth / 27 CY’s) of turf & debris. 6. Receive, unload & Install UltraShade Full Cantilever Single Slope (12x57x8’) as per plans. 7. Receive, unload & Install UltraShade Full Cantilever Single Slope (12x38x8’) as per plans. 8. Receive, unload & Install UltraSite 6’ Heavy Duty Single Pedestal Table (Surface Mount) (4-total) 9. Receive, unload & Install UltraSite LX-36 Lexington Trash Receptacle (Surface Mount) (4-total) 10. Receive, unload & Install UltraSite ActionFit; Captains Chair; In-Ground; (1-total) as per plans. 11. Receive, unload & Install UltraSite ActionFit; Chest Press; In-Ground; (1-total) as per plans. 12. Receive, unload & Install UltraSite ActionFit; Cardio Walker; In-Ground; (1-total) as per plans. 13. Receive, unload & Install UltraSite ActionFit; Sit-Up Back Extension; In-Ground; (1-total) per plans. 14. Receive, unload & Install UltraSite ActionFit; Step-Up Station; In-Ground; (1-total) per plans. 15. Receive, unload & Install UltraSite ActionFit; Free-Standing Sign Post; In-Ground; (1-total) per plans. 16. Receive, unload & Install UltraSite ActionFit; Hand Cycle; In-Ground; (1-total) per plans. 17. Receive, unload & Install UltraSite ActionFit; Skill Trainer; In-Ground; (1-total) per plans. 18. Receive, unload & Install UltraSite ActionFit; Leg Press; In-Ground; (1-total) per plans. 19. Receive, unload & Install UltraSite ActionFit; Chin-Up Station; In-Ground; (1-total) per plans. 20. Receive, unload & Install UltraSite ActionFit; Push-Up Station; In-Ground; (1-total) per plans. 21. Provide & Install 3.5” Concrete Subase; (1,445 Total Sq.Ft.) as per plans. 22. Provide & Install 6 x 6” Concrete Curb; (29 total lineal feet) as per plans. 23. PIP operations (By Others) (N I C) Irrigation, Turf & Drainage modifications (N.I.C.) irrigation and landscape repairs, Custom Concrete Colors Page 127 of 658 LEAD TIME: PLEASE ALLOW 5 - 7 WEEKS or LESS for delivery AFTER sealed drawings are approved. Quotes valid for 30 DAYS. Price is for product only, unloading & installation by others if not quoted. Rock Clause/Engineered drawings If conditions are encountered on the site which are subsurface or otherwise concealed physical conditions which differ materially from those contemplated, or physical conditions of an unusual nature are encountered and cause a furtherance to the Contractor in time or materials, the Contractor shall be entitled to an equitable adjustment in the contract price, an extension of the completion date, or both, by change order. If rock drilling is necessary as deemed by Play and Park Structures and its affiliates, a change order will be necessary to cover the additional costs of the drilling and this cost could be significant. We do our best to estimate the pier size of the footer; however, if the customer requests and pays an additional fee for engineered drawings this could significantly increase the size of the footer and the dollar amount of the installation. Furthermore, the Contractor will not be held responsible for any damage to all subsurface obstructions. The owner will clearly identify boundaries of the property, shall provide surveys/as-builts of the property describing physical characteristics, legal limitations and utility locations and/or cause the property to be staked if reasonably requested by the Contractor. The owner is obligated to provide notice of all concealed conditions, and shall provide and pay for water and electricity to the property. Engineered drawings – If your project requires engineered drawings the engineering will be done after the completion of the sale at an additional cost to the customer. The estimated pier size prior to the engineering is an estimate and the engineer’s calculations could require an increased size of concrete pier for your shade structure. This would require additional concrete and/or steel along with additional labor and/or equipment rental at additional cost to the customer. Engineered Sealed Drawings, Engineered Footings and Engineered Calculations - IF QUOTED - they are based on local and state construction codes and specifications. Wind Loads, Snow Loads and Seismic requirements are all verified with these Documents. Rates vary per state. Acceptance of quotation: Accepted By (printed): P.O. No: Signature: Date: Title: Phone: Purchase Amount: $207,954.25 E-mail: Order Information Bill to: Ship to: Company: Company: Attn: Attn: Address: Address: City/State/Zip: City/State/Zip: Billing Contact: Jobsite Contact: Billing Phone: Jobsite Phone: Billing Fax: Jobsite Fax: Enter desired color palette name: OR Enter desired color: Uprights () Decks () Accents () Roofs/Tubes () Slides/Panels () Recreation Brands of Southern California, Inc. By: Salesperson's signature Salesman's Signature Customer's Signature Page 128 of 658 NOTICE: This DESIGN / DEVELOPMENT contains privileged and confidential information and is intended only for the Owner to whom it is addressed. If you do not represent the Owner, you should not disseminate, distribute or copy this design / development. The content of this plan is the confidential property of Recreation Brands of Southern California and should not be copied, modified, retransmitted, or used for any purpose except w/ Recreation Brands of Southern California written authorization. If you are not the intended recipient, please delete all copies and notify us immediately. Page 129 of 658 Page 130 of 658 Page 131 of 658 Page 132 of 658 Page 133 of 658 Page 134 of 658 Page 135 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP164 -Cardio Walker Cardio Walker users stand upright and alternate their legs in a striding, smooth motion. Targets all four elements of fitness including aerobic, muscle, and core fitness, and balance/flexibility to enhance endurance and strength. Features & Benefits •Fitness Focus: Aerobic Fitness •Other Fitness Elements: Core Fitness, Muscular Fitness Page 136 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP167 -Captain’s Chair The outdoor Captain’s Chair is a challenging ab workout that forgoes traditional sit- ups and crunches for an alternative core workout. Slowly raising and lifting and then lowering the legs engages the core and builds muscle strength. Features & Benefits •Fitness Focus: Core Fitness •Other Fitness Elements: Muscular Fitness Page 137 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP168 -Sit-Up / Back Extension The Sit-Up/Back Extension is a dual ab exercise machine. The Sit-Up bench has perforations for air flow providing comfort and quick drainage after rain. Features & Benefits •Fitness Focus: Core Fitness •Other Fitness Elements: Balance and Flexibility, Muscular Fitness Page 138 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP170 -Leg Press The Leg Press offers benefits similar to leg lifts and lower body strength building. The isokinetic spring resistance and steel construction with rust resistant coating make the Leg Press a more durable and higher level fitness solution. These benefits make the Leg Press similar in quality to exercise equipment found in indoor environments. Features & Benefits •Fitness Focus: Muscular Fitness •Rubber Spring Resistance Page 139 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP179 -Chest Press (Accessible) Accessible Chest Press users can remain seated in their mobility device or sit on the ergonomically designed saddle and push the non-slip handles outward. Isokinetic springs activate to provide smooth resistance and workout targeted strength training zones Features & Benefits •Fitness Focus: Muscular Fitness •Other Fitness Elements: Balance and Flexibility, Core Fitness •Rubber Spring Resistance Page 140 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP255 -Push-Up The Push-Up Station is an exercise favorite for building muscle strength as it targets the arms, back and core. The user grips the bar and bends arms to slowly lower their body until their chest is slightly above the bar. Using strength, the user then pushes upward returning to the starting position. Features & Benefits •Fitness Focus: Muscular Fitness •Other Fitness Elements: Balance and Flexibility, Core Fitness Page 141 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP261 -Joint Use Pull-Up The Joint Use Pull-Up Bar is a familiar piece of outdoor exercise equipment that provides users of all abilities to work on upper body strength. This piece features three bars, all at different heights, to provide all users a chance to participate. Features & Benefits •Fitness Focus: Muscular Fitness •Other Fitness Elements: Core Fitness Page 142 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP264 -Step-Up The Step Up Station is growing in popularity as it has numerous benefits. It can be a wonderful aerobic activity as the user must step up and down engaging the lower body and increasing the users heart rate. Features & Benefits •Fitness Focus: Aerobic Fitness •Other Fitness Elements: Core Fitness, Muscular Fitness, Balance & Flexibility Page 143 of 658 © Play & Park Structures® ‘A PlayCore Company’ 800.727.1907 playandpark.com UP354 -Skill Trainer The Skill Trainer develops Fine Motor Skills, Coordination, Flexibility and Balance. Offering multiple challenges including the Finger Walk and also the unique Ring Trace. Users will grasp a colored ring and slide it from one side of the bar to the other trying not to allow the ring to touch the inside bar. The Ring Trace is offered at three different heights: seated on the Comfort Seat, standing, or from a wheelchair. Features & Benefits •Fitness Focus: Balance & Flexibility •Other Fitness Elements: Core Fitness Page 144 of 658 ISSUED/REVISED: 1−800−458−5872 INSTALLATION PARTS LIST DETAIL REFERENCE = = UP217 HAND CYCLE (ACCESSIBLE) 6/24/19 UP217SMHAND CYCLE (ACCESSIBLE) (SURFACE MOUNT) UP217SHAND CYCLE (ACCESSIBLE) (IN−GROUND) A Company TOP VIEW ASSEMBLY DRAWING UP217S ASSEMBLY DRAWING UP217SM APPLY USAGE/WARNING LABEL IN APPROXIMATE POSITION SHOWN 3'- 3/4" [93.35 cm] 831826 828 826 831 1 3 31 465 SEE SURFACE MOUNT DETAIL SEE IN-GROUND MOUNT DETAIL APPLY USAGE/WARNING LABEL IN APPROXIMATE POSITION SHOWN 2 2 830 830 1'-11 11/16" [60.16 cm]851 851 4 4 Page 145 of 658 5070.25 8 12 4060.18 QUO0240331A 3.511 12 2.57 3 2.827 3 Out of range 3.24 Out of range N/A N/A N/A 14.25 14.25 X 12 Embedded Dome Qty: 4 Column Qty: 5 Page 146 of 658 5070.25 8 12 4060.18 QUO0240331B 2.875011 12 2.42 3 2.662 3 4.49 Out of range Out of range Out of range 3.47 Out of range 12.66 12.66 X 12 Embedded Dome Qty: 3 Column Qty: 4 Page 147 of 658 Page 148 of 658 Page 149 of 658 Page 150 of 658 Designed for strength and durability, Superior’s Extrablock shadecloth protects against all of nature’s extremes. It meets the highest standards and is knitted to be dimensionally stable for easy fabrication. Superior’s Extrablock shadecloth comes in 16 California Fire Marshall approved colors and is backed by a 10-year warranty to demonstrate our dedication to quality, durability and safety. * ASTM E-84 † CA 1237.1 Title 19 - CSFM; NFPA-701 #2 866.804.8725 | srpshade.com FABRIC OPTIONS Our great selection of fabric colors are all fire retardant and pass the NFPA 701 and ASTM E84 tests among others. Look for symbols that identify each color’s flame resistance certification. True Blue†Forest Green† Charcoal† Silver† Midnight† Yellow* Bottle Green†Lime† Mint Green†Dove Blue† Sunblaze† Red* Navy Blue† Olive† Beige* Latte†Brown† Cream* Pearl Onyx†Purple† Oxide Red†River Gum Green*† Designed for strength and durability, Superior’s Extrablock shadecloth protects against all of nature’s extremes. It meets the highest standards and is knitted to be dimensionally stable for easy fabrication. Superior’s Extrablock shadecloth comes in 16 California Fire Marshall approved colors and is backed by a 10-year warranty to demonstrate our dedication to quality, durability and safety. * ASTM E-84 † CA 1237.1 Title 19 - CSFM; NFPA-701 #2 866.804.8725 | srpshade.com FABRIC OPTIONSOur great selection of fabric colors are all fire retardant and pass the NFPA 701 and ASTM E84 tests among others. Look for symbols that identify each color’s flame resistance certification. True Blue†Forest Green† Charcoal† Silver† Midnight† Yellow* Bottle Green†Lime† Mint Green†Dove Blue† Sunblaze† Red* Navy Blue† Olive† Beige* Latte†Brown† Cream* Pearl Onyx†Purple† Oxide Red†River Gum Green*† Designed for strength and durability, Superior’s Extrablock shadecloth protects against all of nature’s extremes. It meets the highest standards and is knitted to be dimensionally stable for easy fabrication. Superior’s Extrablock shadecloth comes in 16 California Fire Marshall approved colors and is backed by a 10-year warranty to demonstrate our dedication to quality, durability and safety. * A S T M E - 8 4 † CA 1237.1 Title 19 - CSFM; NFPA-701 #2 866.804.8725 | srpshade.com FABRIC OPTIONSOur great selection of fabric colors are all fire retardant and pass the NFPA 701 and ASTM E84 tests among others. Look for symbols that identify each color’s flame resistance certification. True Blue†Forest Green† Charcoal† Silver† Midnight† Yellow* Bottle Green†Lime† Mint Green†Dove Blue† Sunblaze† Red* Navy Blue† Olive† Beige* Latte†Brown† Cream* Pearl Onyx†Purple† Oxide Red†River Gum Green*† Designed for strength and durability, Superior’s Extrablock shadecloth protects against all of nature’s extremes. It meets the highest standards and is knitted to be dimensionally stable for easy fabrication. Superior’s Extrablock shadecloth comes in 16 California Fire Marshall approved colors and is backed by a 10-year warranty to demonstrate our dedication to quality, durability and safety. * ASTM E-84 † CA 1237.1 Title 19 - CSFM; NFPA-701 #2 866.804.8725 | srpshade.com FABRIC OPTIONS Our great selection of fabric colors are all fire retardant and pass the NFPA 701 and ASTM E84 tests among others. Look for symbols that identify each color’s flame resistance certification. True Blue†Forest Green† Charcoal† Silver† Midnight† Yellow* Bottle Green†Lime† Mint Green†Dove Blue† Sunblaze† Red* Navy Blue† Olive† Beige* Latte†Brown† Cream* Pearl Onyx†Purple† Oxide Red†River Gum Green*† OPTIONS OPTIONS Standard Powder-Coat UltraShade 1.800.458.5872 11 WAVE Cream*Latte True Blue Cedar* Navy Blue Brunswick Green* Beige* Turquoise* PurplePearl Onyx Lime Steel Gray* Yellow* Silver Mint Green Brown Sunblaze Cayenne* Sky Blue* Midnight Forest Green Rivergum Green* ULTRASHADE FABRIC FEATURES Stitched with PTFE Fiber, UV stabilized thread that will not fade or deteriorate •Mildew and rot resistant • Maintain color in all weather conditions •Rachel-knit sewing technique that prevents frays or unraveling • Provide up to 98% UV Block and 98% shade with temperature reductions of up to 30 degrees •Meet or exceed ASTM E84 Class A testing, NFPA 701 Large Scale testing • Porous fabric provides free airflow, allowing hot air to escape •100% recyclable •All fabric corners are reinforced with extra non-tear cloth and strap to help distribute loads and prevent failure. STRUCTURAL INFORMATION • Engineered to withstand wind gusts up to 90 mph with fabric and up to 150 mph with fabric removed •Structures are free of sharp edges and corners. •Galvanized cables (aircraft quality) •Pre-galvanized structural steel Flo-Coat tubing •Steel and bolts meet ASTM guidelines (stainless steel or galvanized). •A500 carbon steel tubing may be used for larger structures •All steel members have TGIC polyester powder-coat •Zinc rich primer is applied with a 1-2 mil thickness POWDER-COAT COLOR OPTIONS FABRIC COLOR OPTIONS 99.99% PURE ZINC CLEAR POLYMERCOATING POWDER-COAT ENHANCED CONVERSION COATING COLD FORMED STEEL All fabric colors are California State Fire Marshal certified, unless noted. White Patrician Bronze Champagne Light Green Mountain Spruce Royal Purple MATTE METALLIC Almond Burgundy Metallic Spring Green Harbor Blue Ash Gray Tudor Brown Bronze Yellow Sky Blue Fox Hollow Gray Black Starlight Butterscotch Streak Blue Beige Dark Green Orange Periwinkle Brown Green Red Blue Cream Forest Green Navy Blue Silver Beige Dove Blue Purple Charcoal Rivergum Green Turquoise Sun Blaze Lime True Blue Yellow Contact us to learn more! www.shadeandshelters.com | 800.458.5872 Fabric Color Options TRADITIONAL KNITTED * Not California Fire Marshal certified. May not be used on a shade whose fabric spans larger than 12,000 square feet. Page 151 of 658 DESIGN FEATURES UltraSite offers UltraShade, a wide variety of high-quality engineered shade products that protect from many of Mother Nature’s elements; Sun, Heat, Hail and UV Rays. UltraSite is committed to providing the highest quality standards for your shade project. An UltraSite sales representative will guide you through a simplified process of providing a shade that protects your recreation investment and your community. UltraShade pre-engineered shade structures are shipped as a pre-fabricated package, and we recommend that installation be performed by trained, highly skilled professionals. Framework is engineered to withstand wind gusts up to 90 mph with fabric and up to 150 mph with fabric removed. Structures are free of sharp edges and corners. All steel tubing and bolts meet or exceed ASTM Standards. WHY ULTRASHADE? •Pre-engineered shade solutions •UltraShade products are designed to meet codes in your local area •Zinc rich primer is applied with a 1-2 mil thickness, followed by our polyester super durable powder-coat that is electrostatically applied and oven baked to a 2-4 mil coating thickness •Framework is engineered to withstand 5psf snowload and wind gusts up to 90 mph with fabric (ASCE-7) and up to 150 mph with fabric removed. BLOCKS UP TO 96% OF HARMFUL UV RAYS CORROSION-RESISTANT POWDER-COAT TUBING TEMPERATUREREDUCTIONS UP TO 30 DEGREES LOCKSTITCHTECHNIQUE PREVENTS FRAYS & UNRAVELING MILDEW & ROTRESISTANT FABRIC BLOCKS UP TO 96% OF HARMFUL UV RAYS CORROSION-RESISTANT POWDER-COAT TUBING TEMPERATUREREDUCTIONS UP TO 30 DEGREES LOCKSTITCH TECHNIQUE PREVENTS FRAYS & UNRAVELING MILDEW & ROT RESISTANT FABRIC 2 www.shadeandshelters.com UltraShade 1.800.458.5872 3 Page 152 of 658 SPECIFICATION This pre-engineered shade structure shall be shipped as a prefabricated packaged which shall include the structural frame members, fabric roof, all fasteners and installation manual. Structure shall be shipped knocked down for minimum shipping costs. No onsite welding will be required. Installation shall be performed by trained, competent individual(s). Structure: All steel tubing to be structural steel. All plate to be A36 steel. All welds to be performed in accordance to AWS standards. Structure to be free of sharp edge and corners. Structure components are to be MIG welded. Minimum 3/16” fillet welds unless otherwise noted. Welding is performed in accordance to AWS standards. Coating: Tubing to be pregalvanized structural steel Flo-Coat tubing. Tubing receives a triple layer of protections zinc, a conversion coating and a clear polymer topcoat. Depending on engineering requirements, A500 carbon steel tubing may be used for larger structures. This tubing to be sandblasted to near white condition prior to coating. TGIC polyester powdercoat is electrostatically applied and oven baked. 2-4 mil coating thickness. Fabric Roof: Fabric to be high density polyethylene (HDPE) with UV protectant additives. Breathable material which allows air circulation. All corners to be strengthened with 16 oz. non-tear vinyl material. Protective webbing is sewn into all areas where steel cable enters/exists cloth pockets. Life expectancy is a minimum of 8 years continues exposure to the sun. Minimum fading after 5 years. Temperature range is -22° F to +176° F. Tear Strength: Page 153 of 658 SPECIFICATION Warp 220 lb./in Weft 462 lb./in. Cable and Hardware: All hardware to be stainless steel or galvanized. Fabric perimeter cable to be galvanized steel aircraft quality cable, minimum ¼” diameter. Cable clamps and connectors to be galvanized steel. Design Criteria: Wind Speed: 90 mph as determined by 3 second wind gust (ASCE-7). Dead Load: 5 psf Snow/Live Load: 0 psf. Fabric must be removed before any snowfall. Concrete: 28 day strength: 2500 psi Cast in place anchors (where applicable) are A-36 galvanized steel. Limited Warranty: UltraPlay Systems, Inc. (hereinafter “UltraShade”) warrants that the shade structure sold will be free from defects in materials under intended use for a period of 10 years from the date of delivery. UltraShade and its suppliers will be liable for repair or replacement of materials found to be defective. The repair or replacement of materials shall be at the expense of UltraShade. This warranty is in effect only if the structure has been assembled and installed in accordance with the UltraShade’s installation drawings, and has been subjected only to normal intended use and exposure. Some field drilling may be necessary and is considered a normal part of constructions, and will not be subject to rejection or cause for void of warranty. Page 154 of 658 SPECIFICATION Shade fabric performance shall be the responsibility of the fabric supplier. UltraShade assumes no warranties with regard to fabric durability. UltraShade shall not be responsible for delays due to missing, stolen or non-conforming parts. Any rework/retrofit of non-conforming part must be authorized by UltraShade. This limited warranty is void if any damage has resulted from abnormal use, abuse, accident, vandalism, maintenance, misapplication, service or modification by someone other than UltraShade, authorized dealers, or authorized installers. This limited warrant excludes color fading of structure within 10 miles of any area retaining salt water. Any replacement part issued during original warranty period is warranted for the remaining original warranty period or 6 months, whichever is longer. In the event of a claim of defect in materials, UltraShade shall be placed on notice of defect in writing, delivered to UltraShade at the address indicated below, within 30 calendar days from discovery of the defect. No later than 30 days from the date of receipt of the notice, UltraShade will determine whether to repair or to replace defective materials. UltraShade, disclaims all other warranties, expressed or implied, including any supplementary materials required for the shade installation. UltraShade 1675 Locust St. Red Bud, IL 62278 800-458-5872 Page 155 of 658 Page 156 of 658 Model # 5708SMPage 1 of 10Page 159 of 658 31 1/2" 37" 98" 19 3/4" 800-45-ULTRAwww.ultra-site.comOVERALL DIMENSIONSPage 10 of 10Page 160 of 658 RAIN BONNET SHOWN - FLAT TOP LID QUOTED FOR CIVIC CENTER PARKPage 161 of 658 Page 162 of 658 Model # LX-32FT4/16/2018Page 1 of 5Page 163 of 658 123800-45-ULTRAwww.ultra-site.comOVERALL DIMENSIONSITEM NO. PartNoDESCRIPTIONQTY1 LX-36 LX Gallon Trash Receptacle12 PL-3232 Gal. Liner13 PFT-3232 Gallon Flat Top1Optional Surface Mount Hardware:3/8" x 3-1/2" Concrete Expansion Anchor Bolts(Not Included) 31 1/2" 23 1/4" 8" 23 1/2" 37 3/4" 4/16/2018Page 5 of 5Page 164 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 1 SECTION 32 18 16.13 PLAYGROUND RESILIENT SURFACING TOTTURF POURED IN PLACE (PIP) EPDM PART 1 - GENERAL 1.01 WORK SCOPE A. Furnish labor, material, and equipment necessary to install the poured-in-place, resilient surfacing system as shown on the drawings and specified herein. a. Work shall include, but not be limited to the following: layout; excavation; backfill; furnishing and installing of base material; furnishing and installing of poured-in- place, resilient surfacing and all other incidental work to provide a complete resilient surfacing system. b. Poured in place playground surfacing shall consist of a polyurethane binder mixed with recycled rubber, which will make up the attenuation cushion layer. The attenuation cushion layer is capped with EPDM granules, mixed with a polyurethane binder creating the Wear Course. c. Surfaces shall comply with ADA and CPSC guidelines as well as ASTM Standards. Manufacturer is to be certified by IPEMA, a third-party testing organization for playground surfaces and equipment. 1.02 PERFORMANCE REQUIREMENTS A. Area Safety: Poured in place within playground use zones shall meet or exceed the performance requirements of the CPSC, ADA and Fall Height Test ASTM F1292-18. The surface must yield both a peak deceleration of no more than 200 G-max and a Head Injury Criteria (HIC) value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. IPEMA certification is required. (ASTM F1292-18, section 15 The laboratory test used to determine critical fall height shall have been conducted on surfacing material samples identical in design, materials, components, and thickness and manufactured as the installed playground surface). B. Accessibility: NOTE: Children’s outdoor play areas shall be in compliance with the Uniform Federal Accessibility Standards (UFAS) FED-STD-795 and the Architectural Page 165 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 2 and Engineer Instructions (9AEI) Design Criteria. C. The requirements of the Americans with Disabilities Act. Accessibility Guidelines (ADAAG) 28 CFR Part 36 that provide equal or greater accessibility than the requirements of UFAS must also be met in children’s outdoor play areas. D. Poured in place surfaces intended to serve as accessible paths of travel for persons with disabilities shall be firm, stable and slip resistant, and shall meet the requirements of ASTM F 1951-14 and ASTM F1292-18. 1.03 APPLICABLE STANDARDS A. ASTM International B. ASTM D2047- Standard test method for determining the static coefficient of friction of ceramic tile and other like surfaces by the horizontal dynamometer pull meter method. This standard replaces ASTM C1028. C. ASTM D412 – Standard test methods for vulcanized rubber and thermoplastic rubbers and thermoplastic elastomers-tension. D. ASTM D624 - Standard test method for tear strength of conventional vulcanized rubber and thermoplastic elastomers. E. ASTM D2859 – Standard test method for flammability of finished textile floor covering materials. F. ASTM E303 – Standard test method for measuring surfacing frictional properties using the British Pendulum tester. G. ASTM F1292-18 – Standard specification for impact attenuation of surface systems under and around playground equipment. H. ASTM F1951 – Standard specification for determination of accessibility of surface systems under and around playground equipment. Page 166 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 3 1.04 Poured in place surfaces shall be manufactured and installed by trained, experienced company employees or certified installers who have successfully completed the “Certified Installers Training Program” required by Robertson Industries Inc. 1.05 SUBMITTALS: THE FOLLOWING SHALL BE SUBMITTED A. The Contractor shall submit a complete set of the material submittals, as required, including manufacturer’s name and address, specific trade names, catalog and model numbers, illustrations and descriptive material, and samples of the proposed material for this project clearly marked as to proposed items for approval by the Owner’s representative. B. Products submitted as equal must include hard copies of manufactures written specifications, warranty, purchase and use of materials. C. Manufacturer’s descriptive data and installation instructions. D. Manufacturer’s details showing depths of wear course and sub-base materials, anchoring systems and edge details. E. Upon request, a listing of at least five installations where products similar to these proposed for use have been installed and have been in service for a minimum period of three years. The list shall include owner or purchaser, address of installation, date of installation, contact person, and phone number. F. A signed statement by an authorized official certifying that the surfacing system meets the requirements of ASTM F1292-18, section 15 for a head-first fall from the highest accessible portion of the specified playground equipment. G. A signed statement from the manufacturer of the poured in place surfacing attesting that all materials under this section shall be installed only by the Manufacturer’s Trained Installers. H. A Certificate of Insurance shall be provided by the Manufacturer for poured in place surfacing for use as playground safety surfacing, covering general and product liability, of not less than $1,000,000 for each occurrence, $2,000,000 general aggregate, with an excess/umbrella liability of $25,000,000. The issuing underwrite shall be AA rated. I. IPEMA Certification mandatory Page 167 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 4 1.06 Delivery, Storage and Handling: Materials and equipment shall be delivered and stored in accordance with the manufacturer’s recommendations. 1.07 Project Site Conditions: Poured in Place surfacing must be installed on a dry sub- surface, with no prospect of rain within the initial drying period, and within the recommend temperature range of the manufacturer. Installation in weather condition of extreme heat, cold (less than 55°F), and/or high humidity may affect cure time, and the structural integrity of the final product. Immediate surrounding sites must be reasonably free of dust conditions or this could affect the final surface look. 1.08 Sequencing and Scheduling: Poured in Place surfacing shall be installed after all playground equipment, shade structures, signs and any other items that will be within the surfacing area. Coordinate with General Contractor. 1.09 Surface installation coordinated by manufacturer representative. 1.10 Warranty: Poured in Place surface shall maintain required impact attenuation characteristics and be guaranteed against defects in workmanship AND material for a limited five-year period or as specified and agreed upon per alternate contract. Warranty will be specific to maintenance requirements and performance standards of completed product. Warranty is void if not installed by Manufacturers Trained and Certified Poured in Place Surfacing Installers. 1.11 Testing: NOTE: Critical Fall Height Four feet through 10 feet have been tested in accordance with Section 15 – Critical Fall Height Test Procedure of ASTM F1292-18. PART 2 – PRODUCTS 2.01 Safety surfacing shall consist of both recycled and synthetic materials meeting the requirements of this specification. The type of safety surfacing shall be Robertson Industries Inc., manufactured and installed by Robertson Industries Inc., or it’s Certified Installers. Telephone: (800) 858-0519. 2.02 PRODUCT SCOPE A. Poured in Place Surface: The poured in place surface shall consist of recycled rubber mixed with a polyurethane binder, then capped with EPDM granules mixed with an aliphatic binder or aromatic binder. Page 168 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 5 B. It shall consist of a uniform material manufactured in such a way that the top portion meets the requirements specified herein for wear surface. C. The type of safety surfacing shall be a poured-in-place system and shall be indicated on the drawings. 2.03 ATTENUATION CUSHION LAYER SECTION A. Impact attenuation cushion layer consists of these materials; recycled styrene butadiene rubber (SBR) and/or cryogenic crumb rubber and/or pre consumer postindustrial reclaimed scrap rubber adhered with a 100% solids polyurethane binder to form a resilient porous material. B. Strands of SBR may vary from 0.5 mm – 2.0 mm in thickness by 3.0 mm – 20 mm in length. C. Chunk Premium Black Rubber Granules are 5/8” granules: This rubber is pre-consumer, post-industrial, reclaimed rubber, granulated through a 5/8” screen and contains less than 2% dust. D. SBR Crumb Rubber (5-9 Mesh) using sieve analysis ASTM D5644 with a fiber content of .1% or less mixed in. E. Binder shall be between 7-12% of the total weight of the material and shall provide 100 % coating of the particles. F. The attenuation cushion layer shall be compatible with the wear course and must meet requirements herein for impact attenuation. 2.04 WEAR COURSE A. Wear course shall consist of Ethylene Propylene Diene Monomer (EPDM) granules with polyurethane binder formulated to produce an even, uniform, seamless surface. Installation of surfacing shall be seamless (unless otherwise agreed upon by owner). B. EPDM shall be peroxide cured with an EPDM content of 26% and shall include a processing aid to prevent hardness with 26% poly content to maintain dynamic testing characteristics, weatherization and UV stability. Page 169 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 6 C. ASTM D2240 (Shore A) hardness of 55-65, not less than 26 percent rubber hydrocarbons. D. Size of EPDM granules shall be 1-4mm across. Binder shall be not less than 20% of total weight of rubber used in the wear surface and shall provide 100% coating of the particles. E. Thickness of wear course shall be a minimum .5” (12.7 mm). F. The wear course shall be porous. 2.05 BINDER A. No Toluene Diphenyl Isocyanate (TDI) shall be used. B. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals. C. Weight of polyurethane shall be no less than 8.5 lbs. /gal (1.02 Kg/1) and no more than 9.5 lbs. /gal (1.14 Kg/1). D. Manufacturer is permitted to modify the type of urethane required to match extreme weather conditions. Substitutions must be equal to or exceed original quality. 2.06 TOT TURF ADVANTAGE INSERTS A. Insert – Thermal Plastic Vulcanized angular granules with a (Shore A) hardness of 65° A ± 5 and particle size between .5-1.5 mm shall be used. B. Thickness of the Insert shall be .5” C. Insert shall be porous. D. Aromatic or aliphatic urethane to be used as a binder. Page 170 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 7 E. Location –Insert to be installed under swings, swing bays, slide exits (unless otherwise noted in drawings). Customer to approve location of wear mat inserts. F. Standard Color .5-1.5mm to be used. Colors include four standard colors: Terra Cotta Red, Blue, Green, and Beige. G. Size: Swing bay use locations shall have TPV Inserts inclusive of all outside bay structure poles. Singular swings and slide exits shall be 4’x4’x.5” in thickness. 2.07 MATERIALS A. Wear Course - EPDM Granules Manufacturers: Soflex Rubber and Urethane Sdn. Bhd. Nantong Hongfei Rubber Products Co. LTD As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area B. Attenuation cushion layer – Robertson Industries Inc. Shredded and/or Chunk Rubber As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area C. Binder – Aromatic VORAMER MR Products Manufacturer: DOW Chemical As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area D. Binder – Aromatic Urethane Stobielast® S 1020 Manufacturer: Stockmeier Urethanes, USA, Inc. As Distributed by: Robertson Industries, Inc. (800) 858-0519 Location Used: Playground Area E. Binder – Aliphatic Urethane Premium, Non-Ambering Manufacturer: Accella Polyurethane Systems As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area F. Chunk Premium Black Rubber Granules Manufacturer: American Recycling Center, Inc. (989) 725-5100 655 Wabassee Drive Page 171 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 8 Owosso, MI 48867 As Distributed by: Robertson Industries Inc. (800) 858-0519 Location Used: Playground Area PART 3 – EXECUTION 3.01 SITE PREPARATION A. Finished Grade/Slope: Verify that finished elevations or adjacent areas are as indicated on the architectural or site plans, that the appropriate sub-grade elevation has been established for the safety surface to be installed, and that the subsurface has been installed per architectural, site or equipment plans while meeting accessibility and use zones requirements. B. Aggregate Sub Base: Tolerance of aggregate sub-base shall be within .5” in depth. Verify that aggregate sub-base has been fully compacted. Per ADA Guidelines: compacted Aggregate sub-base – 4” of .75” minus irregular stone with fines compacted to 95% in 2” watered lifts. C. Concrete Sub-Base: Tolerance of concrete or bituminous sub-base shall be with .125” (3.0 mm) in 10’ (3050 mm). Per ADA Guidelines: Concrete a minimum of 3’ – 4’ at a minimum 2500 PSI. Concrete must cure for 7 days prior to application of attenuation cushion layer. Concrete must cure 21 days if wear course is to be applied directly to concrete surface. If poured in place surfacing is installed, verify that the concrete sub- base has cured (all areas appear white in color usually at 7 days) and that all concrete curing compounds and other deleterious substances that might adversely affect adhesion have been removed. Surface shall be clean and dry. D. Asphalt Sub-Base: Asphalt cure time requires 21-28 days. Once the new asphalt has cured, it must be pressure washed prior to the surfacing being installed. The contractor shall be responsible for flooding the pad to ensure proper slope and tolerance. Any areas holding enough water to cover a flat nickel shall be patched prior to the arrival of our installation crews. E. Drainage: Verify that sub-surfacing drainage, if required, has been installed to provide positive drainage. Page 172 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 9 3.02 INSTALLATION A. Poured in Place Surfacing: Components of the poured in place surfacing shall be mixed on site in a rotating tumbler to ensure components are thoroughly mixed and are in accordance with manufactures recommendations. Installation of surfacing shall be seamless up to 2,000 square feet per day. Material shall cover all foundations and fill around all elements penetrating the surface. B. Attenuation Cushion Layer: Whenever practical, attenuation cushion layer of surfacing material shall be installed in one continuous pour on the same day of up to 2,000 square feet. When a second pour is required, step the seam (see detail) and fully coat the step of the previous work with polyurethane binder to ensure 100% b ond with new work. Apply adhesive in small quantities so that new attenuation cushion layer can be placed before the adhesive dries. C. Wear Course: Wear course must be quality peroxide cured EPDM granules. wear surface shall be bonded to attenuation cushion layer. If necessary, additional primer will be used between the attenuation cushion layer and wear course. Apply adhesive to attenuation cushion layer in small quantities allowing the wear course to be applied before adhesive dries. Surface shall be hand troweled to a smooth, even finish. Expect continuous and seamless up to 2,000 square feet per day (contact sales representative for seamless in excess of 2,000 square feet). Where seams are required due to color change, size or adverse weather, a step configuration will be constructed to maintain wear course integrity. The edge of initial pour shall be coated with adhesive and wearing surface mixture shall be immediately applied. Pads with multiple seams are encouraged to include a topcoat of urethane before being placed into use. Butt joint seams are not acceptable except for repairs. Under special conditions and with Owners written approval seams may be permitted in same color pad. Consult with Manufacturer for specific applications. D. Perimeter: For installations over existing concrete, the perimeter shall be saw cut to provide a keyway 1” deep x 1” wide, or formed during the pour, with surfacing rolled down into the void. Primer adhesive must be applied to all sides of the void. When connecting to a concrete curb or border, the inside vertical edge shall be primed with adhesive and the final 2” of the attenuation cushion layer shall be tapered to allow the wear surface material to be 1.5”– 2” thick where it joins the concrete. E. Asphalt: When installing over new asphalt, a curb or other type of border is recommended around the entire pad to separate the new surface from other ground materials. Primer adhesive must be applied to the inside vertical edge of the border before poured in place surface installation. Page 173 of 658 09/2020 ©2020 Robertson Recreational Surfaces, A PlayCore Company. 800-858-0519 www.totturf.com All rights reserved. All information contained is subject to change without notice. 10 F. Asphalt: When installing over existing asphalt, a keyway cut of 1” deep by 1” side for the poured in place to taper into and terminate with required ADA slope. G. Thickness: Construction methods such as the use of measured screeds or guides shall be employed to ensure that the full depth of specified surfacing material is installed. Surfacing system thickness throughout the playground equipment use zone shall be as required to meet the impact attenuation requirements specified herein. H. Clean Up: Manufacturer installers shall work to minimize excessive adhesive on adjacent surfaces or play equipment. Spills of excess adhesive shall be promptly cleaned. I. Protection: The safety surface shall be allowed to fully cure in accordance with Manufacturer’s instructions. The surface shall be protected by the owner from all traffic during the curing period of at a minimum of 48 hours or as instructed by the Manufacturer. J. Manufacturer Services: For poured in place safety surfacing, a Manufacturer’s representative who is experienced in the installation of playground safety surfacing shall be provided. The representative shall supervise the installation to ensure that the system meets the impact attenuation requirements as specified herein. 3.03 SITE AREA CLEAN UP The site shall be kept clean and free of tools, trash, and debris and installation materials daily. Products may be stored on site during installation with appropriate protective measures and approval by the Owner’s representative. END OF SECTION Page 174 of 658 50/50 with Black 50/50 with Black Beige Standard Green * Bright Green Beige Brown * Light Grey* Orange* Bright Yellow Mustard Yellow 50/50 with Black 50/50 with Black * Bright Red $ $$ Makers of Tot Turf Standard | 1-4 mm EPDM Tot Turf Standard | 1-4 mm TPV $$$ Blue Terra Cotta Red Green Blue Terra Cotta Red * Purple * Sky Blue * Azure Blue * Cream * Dark Grey Standard Green BeigeBlueTerra Cotta Red * Bright Green Brown * Bright Red* Sky Blue * Azure Blue * Cream * Light Grey* Orange* Bright Yellow Mustard Yellow * Purple* Dark Grey * Requires Aliphatic Binder Colors are approximate and may vary by region www.totturf.com800-858-0519 RESILIENT SAFETY SURFACING Poured In Place Rubber Color Chart Tot Turf Supreme | .5-1.5 mm TPV Page 175 of 658 TotTurf.com 800.858.05192 3 TotTurf.com At Robertson, our priority is safer surfaces. We ensure the highest compliance in all our work. In striving to go "Beyond Compliance", our company is an IPEMA member and our play surfaces are IPEMA certified. Key Organizations Develops technical standards utilized in testing playground equipment. Provides third party Product Certification services for US and Canadian public play equipment and public safety surfacing materials in the US. Government agency charged with protecting the public from unreasonable risks of injury or death associated with the use of consumer products under the agency's jurisdiction. Makers of Our Priority is Safer Surfaces for All! Key Standards ASTM F-1292: Standard Specification for Impact Attentuation of Surfacing Materials Within the Use Zone of Playground Equipment Specifies impact attenuation performance requirements for playground surfaces and surfacing materials and provides a means of determining impact attenuation performance using a test method that simulates the impact of a child’s head with the surface. Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment This specification covers engineered wood fiber (EWF) for use as a playground safety surface under and around playground equipment. It establishes minimum requirements for the factors that determine particle size, consistency, purity, ability to drain, and heavy metal concentrations considered hazardous to children. ASTM F2223: Standard Guide for ASTM Standards on Playground Surfacing Guide to be used to assist the playground owner/operator, specifier, designer, etc., in determining the properties that can considered with regard to the protective surfacing in the playground. ASTM F1951: Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment This establishes minimum characteristics for those factors that determine accessibility. Applies to all types of materials that can be used under and around playground equipment. Why Roberston Recreational Services? Tip Be sure to use an IPEMA-certified surfacing provider to ensure compliant spaces. Poured in Place Rubber Surfacing Synthetic Grass Rubber Tile Aquatic Loose Fill & Bonded Rubber Engineered Wood Fiber We Make It Easy — We Offer All Surfacing Types! Expertise and Service With over 25 years of experience in recreational surfaces, Robertson has become the largest poured in place provider in the US and an industry leader in playful ground covering. Our years of experience and know-how enhance our level of service to bring you expert evaluations, compliant installations, preventative and reliable maintenance, in addition to top quality products delivered directly to your location from our centers. Our passion is working with parks, municipalities, schools, and communities to provide safer surfaces for all to enjoy. Product Our selection cannot be beat! Robertson Recreational Surfaces strives to go "Beyond Compliance" in product development and installations by going the extra mile to not only meet national standards, but exceed those standards when possible. Whether it's synthetic grass or industry leading Tot Turf® Poured in Place Rubber, Robertson offers material options no matter your budget or space needs. Beyond Compliance Robertson has been an industry driver in the poured in place surfacing industry since 1991. We actively participate in IPEMA meetings to ensure that your recreational space meets safety and accessibility standards. Beyond Compliance means we will take every precaution to give you the best surfaces for your community. "With thousands of children playing on our surfaces every day, we make sure that safety is our number one priority." - Richard Hawley, VP of Sales, Robertson and Former IPEMA President Installation Robertson utilizes a perfected technique of stepping seams connecting color joints to prevent excess splitting in your surface. Our regional service centers train our employees to ensure installations and maintenance work is done to meet your expectations and in a professional manner. Surfacing Solutions for: • Playgrounds • Recreational spaces • Community gathering areas • Multi-family housing • Dog parks • Multi-sport athletic grounds • Churches • Daycares and educational facilities • Water play areas • Landscapes Maintenance Page 176 of 658 TotTurf.com800.858.05192 3 TotTurf.com At Robertson, our priority is safer surfaces. We ensure the highest compliance in all our work. In striving to go "Beyond Compliance", our company is an IPEMA member and our play surfaces are IPEMA certified. Key Organizations Develops technical standards utilized in testing playground equipment. Provides third party Product Certification services for US and Canadian public play equipment and public safety surfacing materials in the US. Government agency charged with protecting the public from unreasonable risks of injury or death associated with the use of consumer products under the agency's jurisdiction. Makers of Our Priority is Safer Surfaces for All! Key Standards ASTM F-1292: Standard Specification for Impact Attentuation of Surfacing Materials Within the Use Zone of Playground Equipment Specifies impact attenuation performance requirements for playground surfaces and surfacing materials and provides a means of determining impact attenuation performance using a test method that simulates the impact of a child’s head with the surface. Standard Specification for Engineered Wood Fiber for Use as a Playground Safety Surface Under and Around Playground Equipment This specification covers engineered wood fiber (EWF) for use as a playground safety surface under and around playground equipment. It establishes minimum requirements for the factors that determine particle size, consistency, purity, ability to drain, and heavy metal concentrations considered hazardous to children. ASTM F2223: Standard Guide for ASTM Standards on Playground Surfacing Guide to be used to assist the playground owner/operator, specifier, designer, etc., in determining the properties that can considered with regard to the protective surfacing in the playground. ASTM F1951: Standard Specification for Determination of Accessibility of Surface Systems Under and Around Playground Equipment This establishes minimum characteristics for those factors that determine accessibility. Applies to all types of materials that can be used under and around playground equipment. Why Roberston Recreational Services? Tip Be sure to use an IPEMA-certified surfacing provider to ensure compliant spaces. Poured in Place Rubber Surfacing Synthetic GrassRubber TileAquaticLoose Fill & Bonded Rubber Engineered Wood Fiber We Make It Easy — We Offer All Surfacing Types! Expertise and Service With over 25 years of experience in recreational surfaces, Robertson has become the largest poured in place provider in the US and an industry leader in playful ground covering. Our years of experience and know-how enhance our level of service to bring you expert evaluations, compliant installations, preventative and reliable maintenance, in addition to top quality products delivered directly to your location from our centers. Our passion is working with parks, municipalities, schools, and communities to provide safer surfaces for all to enjoy. Product Our selection cannot be beat! Robertson Recreational Surfaces strives to go "Beyond Compliance" in product development and installations by going the extra mile to not only meet national standards, but exceed those standards when possible. Whether it's synthetic grass or industry leading Tot Turf® Poured in Place Rubber, Robertson offers material options no matter your budget or space needs. Beyond Compliance Robertson has been an industry driver in the poured in place surfacing industry since 1991. We actively participate in IPEMA meetings to ensure that your recreational space meets safety and accessibility standards. Beyond Compliance means we will take every precaution to give you the best surfaces for your community. "With thousands of children playing on our surfaces every day, we make sure that safety is our number one priority." - Richard Hawley, VP of Sales, Robertson and Former IPEMA President Installation Robertson utilizes a perfected technique of stepping seams connecting color joints to prevent excess splitting in your surface. Our regional service centers train our employees to ensure installations and maintenance work is done to meet your expectations and in a professional manner. Surfacing Solutions for: • Playgrounds • Recreational spaces • Community gathering areas • Multi-family housing • Dog parks • Multi-sport athletic grounds • Churches • Daycares and educational facilities • Water play areas • Landscapes Maintenance Page 177 of 658 TotTurf.com 800.858.05194 5 TotTurf.com Poured In Place Surfacing Tot Turf Poured in Place Rubber has proven over 25+ years to be an industry leading solution in play surfacing. As America’s largest installer of playground rubber surfaces, Robertson knows how to provide its partners with the highest quality product and installation service. Benefits: • Highly accessible allowing for recreation for all abilities. • Ideal for colorful, themed graphics for added play value for your space. • Long lasting and durable with minimal routine maintenance. Specifications: • System is comprised of layers to meet critical fall height attenuation standards. • Attenuating layer is Robertson’s own, in-house produced rubber “buffings”. Buffings are made of clean, recycled tire rubber and are installed per your equipment’s CFH requirements. • Should be installed over asphalt, concrete, or compacted sub-base aggregate. • Available in a variety of colors and combinations to meet your budget and creative expectations. Standard Colors Mid Gray Purple Mid Brown Teal Light Green Yellow Light Blue Orange Light Gray Dark Gray Brown Azure Blue Bright Green Light Blue Red Cream (1-4mm Granule Size) Blue Green Beige Terra Cotta Aliphatic urethane is required with some colors. Colors are approximate and may vary by region. Did you know Poured In Place is installed by mixing granules with a urethane binder on-site and troweling it in place by hand. It is installed in two layers: a lower layer of plain recycled material and an upper layer of colored wearcourse material. After about 48 hours it cures to become a cushioned unitary surface. Poured In Place Surfacing Available in 2 options, Standard or Supreme, to meet your specific space needs. Tot Turf The industry's standard, Tot Turf, is a cost effective unitary surface that provides a seamless, accessible play surface, with several color choices that can be laid in patterns, or mixed to create different shades and tones of color. Tot Turf Supreme The toughest poured rubber available! The Supreme wear course consists of smaller granules allowing a tighter, more durable bond. Aliphatic binder provides additional durability, as well as UV resistance. A tough, seamless, accessible play surface for all people to enjoy— no matter their ability or age! The Tot Turf Advantage Robertson wants your surface investment to endure. The ADVANTAGE comes from our understanding of our product and where it needs that extra protection. Tot Turf installations now include added wear course layers under frequently used areas* to longer protect from wear and tear! Beige Red Blue Green Colors are approximate and may vary by region. Supreme’s durability comes from its small granules which bind together solidly because of the greater surface area for the urethane to bind. Stepped seams: High quality seams provide 50% more joined surface area than competitors’ seams to prevent separation from surrounding surface. TotTurf TotTurf Supreme Other PIP Surfaces Wearcourse Layer 1 / 2 " 1 / 2 "3/8" Granule Size 1-3mm .5 - 1.5mm Variable Materials Ethylene Propylene Diene Monomer (EPDM) Rubber Thermo Plastic Vulcanized (TPV)Unspecified Urethane Binder Options Aromatic / Aliphatic Aliphatic Unspecified Maintenance Required Minimal Minimal Unspecified Accessibility HIGH H I G H Unspecified Stepped Seam Yes Y e s Unspecified Experience Roberston installs 2 million + square feet annually 1/2 million square feet annually on average Installation 60+ skillfully trained employees with service centers in 5 states; partnerships throughout the US for additional coverage Unspecified Price Comparison $$$$$ Unspecified Color Selection**4 Standard / 16 Custom in EPDM and TPV 4 Supreme colors plus optional custom options upon request Variable *Frequently used areas are pending play structure—most commonly considered swing bays and slide endings. Additional Supreme pads available upon request. Talk to your Robertson Representative for details. **Color swatches are approximate and selection may vary pending location and availability. Urethane Type Aromatic Aliphatic Price $$$ Bond STRONG STRONGEST Hue Honey Clear UV Protection No Yes Aliphatic Urethane may be required with some colors to enhance visual appeal. Supreme TPV Colors .5-1.5mm Granule Size Standard 1-4mm Granule Size Supreme .5-1.5mm Granule Size Left to right: Hilltop Park - San Francisco, CA; Pavion Park - Mission Viego , CA; George "Rocky" Graham Park - Sausalito, CA; and Shepard Park - Stuart, FL Concrete Border Existing Earth Compacted Stone .5" Tot Turf PIP EPDM Rubber In-house produced Robertson buffings installed to meet various full height requirements Tot Turf®Tot Turf® Supreme Custom Colors (1-4mm Granule Size) Page 178 of 658 TotTurf.com800.858.05194 5 TotTurf.com Poured In Place Surfacing Tot Turf Poured in Place Rubber has proven over 25+ years to be an industry leading solution in play surfacing. As America’s largest installer of playground rubber surfaces, Robertson knows how to provide its partners with the highest quality product and installation service. Benefits: • Highly accessible allowing for recreation for all abilities. • Ideal for colorful, themed graphics for added play value for your space. • Long lasting and durable with minimal routine maintenance. Specifications: • System is comprised of layers to meet critical fall height attenuation standards. • Attenuating layer is Robertson’s own, in-house produced rubber “buffings”. Buffings are made of clean, recycled tire rubber and are installed per your equipment’s CFH requirements. • Should be installed over asphalt, concrete, or compacted sub-base aggregate. • Available in a variety of colors and combinations to meet your budget and creative expectations. Standard Colors Mid GrayPurple Mid Brown Teal Light Green Yellow Light Blue Orange Light Gray Dark Gray Brown Azure Blue Bright Green Light Blue Red Cream (1-4mm Granule Size) BlueGreenBeigeTerra Cotta Aliphatic urethane is required with some colors. Colors are approximate and may vary by region. Did you know Poured In Place is installed by mixing granules with a urethane binder on-site and troweling it in place by hand. It is installed in two layers: a lower layer of plain recycled material and an upper layer of colored wearcourse material. After about 48 hours it cures to become a cushioned unitary surface. Poured In Place Surfacing Available in 2 options, Standard or Supreme, to meet your specific space needs. Tot Turf The industry's standard, Tot Turf, is a cost effective unitary surface that provides a seamless, accessible play surface, with several color choices that can be laid in patterns, or mixed to create different shades and tones of color. Tot Turf Supreme The toughest poured rubber available! The Supreme wear course consists of smaller granules allowing a tighter, more durable bond. Aliphatic binder provides additional durability, as well as UV resistance. A tough, seamless, accessible play surface for all people to enjoy— no matter their ability or age! The Tot Turf Advantage Robertson wants your surface investment to endure. The ADVANTAGE comes from our understanding of our product and where it needs that extra protection. Tot Turf installations now include added wear course layers under frequently used areas* to longer protect from wear and tear! Beige Red Blue Green Colors are approximate and may vary by region. Supreme’s durability comes from its small granules which bind together solidly because of the greater surface area for the urethane to bind. Stepped seams: High quality seams provide 50% more joined surface area than competitors’ seams to prevent separation from surrounding surface. TotTurf TotTurf Supreme Other PIP Surfaces Wearcourse Layer 1 / 2 " 1 / 2 "3/8" Granule Size 1-3mm .5 - 1.5mm Variable Materials Ethylene Propylene Diene Monomer (EPDM) Rubber Thermo Plastic Vulcanized (TPV)Unspecified Urethane Binder Options Aromatic / Aliphatic Aliphatic Unspecified Maintenance Required Minimal Minimal Unspecified Accessibility HIGH H I G H Unspecified Stepped Seam Yes Y e s Unspecified Experience Roberston installs 2 million + square feet annually 1/2 million square feet annually on average Installation 60+ skillfully trained employees with service centers in 5 states; partnerships throughout the US for additional coverage Unspecified Price Comparison $$$$$ Unspecified Color Selection**4 Standard / 16 Custom in EPDM and TPV 4 Supreme colors plus optional custom options upon request Variable *Frequently used areas are pending play structure—most commonly considered swing bays and slide endings. Additional Supreme pads available upon request. Talk to your Robertson Representative for details. **Color swatches are approximate and selection may vary pending location and availability. Urethane Type Aromatic Aliphatic Price $$$ Bond STRONG STRONGEST Hue Honey Clear UV Protection No Yes Aliphatic Urethane may be required with some colors to enhance visual appeal. Supreme TPV Colors .5-1.5mm Granule Size Standard 1-4mm Granule Size Supreme .5-1.5mm Granule Size Left to right: Hilltop Park - San Francisco, CA; Pavion Park - Mission Viego , CA; George "Rocky" Graham Park - Sausalito, CA; and Shepard Park - Stuart, FL Concrete Border Existing Earth Compacted Stone .5" Tot Turf PIP EPDM Rubber In-house produced Robertson buffings installed to meet various full height requirements Tot Turf®Tot Turf® Supreme Custom Colors (1-4mm Granule Size) Page 179 of 658 TotTurf.com 800.858.05196 7 TotTurf.com Repairs can become costly if basic preventative measures are not addressed. Protect your investment by following these simple steps on a routine basis. 1 . Keep loose debris off the surface. Periodic removal can prevent costly repairs. 2 . Vacuum or blow off porous surfaces at least every 3 weeks to clear the permeable openings. 3 . Provide trash receptacles and signage near recreational spaces as a reminder to throw away garbage. 4 . Inspect surface for cracking and shrinkage around solid borders and playground equipment poles. 5 . Avoid certain cleaning products that, over time, may be detrimental to the surfacing. (Solutions to avoid include Acetate, Ammonia, Benzene, and Chlorine Bleach) Maintenance by Robertson Designed to increase longevity of your existing pad. Maintaining a poured in place surface is essential to help safeguard an attractive, long lasting product. Robertson Maintenance Services were created especially for owners of poured in place surfaces. Professional maintenance packages offer solutions for common issues that rubber surfaces may encounter. Maintenance by Robertson Robertson Maintenance Service offers free consultations on rubber maintenance and repair solutions to ensure your space can once again meet compliance regulations for safer recreation and play! Ask your Tot Turf Representative about yearly programs designed for municipalities and school systems REMOVE & REPLACE Be sure to use an IPEMA-certified surfacing specialist. Cost Suggested For Repair Time Life Extension $ Small holes, usually under swings, at the slide exits, or in highly used areas. Less than 1 day 1+ years $$ Suggested routine maintenance at least every 2 years. Can be used for small or large spaces. 1 day 2 years $$$ For damaged play pads with more than 2-3 holes and cracks or spaces with extensive granulation 2 days 2+ years $$$$ For spaces beyond top layer repair that require a complete removal to meet compliance regulations. 2+ days depending on size of space 5+ years depending on routine maintenance Tips for Preventative Maintenance Page 180 of 658 TotTurf.com 800.858.051914 15 TotTurf.com Surfacing Reference Chart Poured- in-Place (PIP) EPDM $$$$Yes can embed graphics and designs High Low Yes TPV $$$$Yes can embed graphics and designs High Low Yes Turf $$$$Yes natural apperance and texture High Low Yes Tiles $$$$Yes can embed graphics and designs High Low Yes Bonded Rubber $$$$$Yes natural apperance and texture Medium Low Yes Shredded Rubber —$$$$$No natural loose parts Medium Medium No Engineered Wood Fiber (EWF)$$$$No natural loose parts Low High No Sand, Pea Gravel —$$$$No natural loose parts Low Medium NoSite Preparation RequirementsMaintenance RequirementsExpected LongevityMeets Accessibility StandardsInitial CostLifetime CostCustom Design OptionsPlay ValueVisual AppealDecomposition RiskEasily ContainedMission Bay - San Francisco, CA Barton Creek Elementary - Austin, TX Seven Seas - Sunnyvale, CA Under the Surface Expectations Robertson crews are equipped with up to 16 years of experience installing safer play surfaces. While every project is different and many factors influence timing, we generally estimate timing to be: • 3-10 days from arrival of crew to completion project. • Plan for 48 hours of dry time after installation before surface is ready to use. • We average about 10 days from receipt of order to scheduling of installation. Installation Tot Turf rubber surfacing is installed by hand, soft and wet like paint or cement, and will be disturbed if touched during curation. A temporary construction fence is the best defense against damage during dry time. Urethane binders are temperature and moisture sensitive. We suggest installing when temperatures are above 50 degrees Fahrenheit. Temperatures below may cause the urethane to cure improperly. Warranty Robertson installations are backed by competitive industry warranties. Ask your representative for more details as they vary by system and installation. Helpful information for planning a safer recreational space Robertson representatives can help answer all of your questions, but here are a few answers that may help as well. Page 181 of 658 TotTurf.com800.858.051914 15 TotTurf.com Surfacing Reference Chart Poured- in-Place (PIP) EPDM$$$$Yes can embed graphics and designs HighLowYes TPV$$$$Yes can embed graphics and designs HighLowYes Turf$$$$Yes natural apperance and texture HighLowYes Tiles$$$$Yes can embed graphics and designs HighLowYes Bonded Rubber$$$$$Yes natural apperance and texture MediumLowYes Shredded Rubber—$$$$$Nonatural loose partsMediumMediumNo Engineered Wood Fiber (EWF)$$$$Nonatural loose partsLowHighNo Sand, Pea Gravel—$$$$Nonatural loose partsLowMediumNoSite Preparation RequirementsMaintenance RequirementsExpected LongevityMeets Accessibility StandardsInitial CostLifetime CostCustom Design OptionsPlay ValueVisual AppealDecomposition RiskEasily ContainedMission Bay - San Francisco, CA Barton Creek Elementary - Austin, TX Seven Seas - Sunnyvale, CA Under the Surface Expectations Robertson crews are equipped with up to 16 years of experience installing safer play surfaces. While every project is different and many factors influence timing, we generally estimate timing to be: • 3-10 days from arrival of crew to completion project. • Plan for 48 hours of dry time after installation before surface is ready to use. • We average about 10 days from receipt of order to scheduling of installation. Installation Tot Turf rubber surfacing is installed by hand, soft and wet like paint or cement, and will be disturbed if touched during curation. A temporary construction fence is the best defense against damage during dry time. Urethane binders are temperature and moisture sensitive. We suggest installing when temperatures are above 50 degrees Fahrenheit. Temperatures below may cause the urethane to cure improperly. Warranty Robertson installations are backed by competitive industry warranties. Ask your representative for more details as they vary by system and installation. Helpful information for planning a safer recreational space Robertson representatives can help answer all of your questions, but here are a few answers that may help as well. Page 182 of 658 The first name in PIP now has all your surfaces covered! You’ve come to trust Tot Turf as the premiere name in poured rubber surfaces, but did you know we carry a full range of loose fill and unitary surfaces to meet all your surfacing needs? Backed by our experienced sales team, highly trained installation teams, maintenance programs, and excellent customer service, Tot Turf provides you the peace of mind and professional expertise you deserve when working with a surfacing company! We do one thing: SURFACING and we do it RIGHT! Options Poured Rubber Tot Turf Pigmented Budget friendly two layer (SBR+1/2” Rubber) system w/Aromatic binder Medium wear resistance 3 color options, 2 yr warranty Tot Turf Classic Midpriced two layer (SBR+3/8”EPDM) system w/Aromatic binder Medium wear resistance 4 color options, 3 yr warranty Tot Turf Aromatic Mid-priced two layer (SBR+1/2”EPDM) system w/Aromatic binder Med-high wear resistance Many color options, 5 yr warranty When it comes to playground surfacing, I recommend Tot Turf…Michael Fox, Mt Diablo School District Tot Turf Aliphatic Mid- priced two layer (SBR+1/2”EPDM) system w/Aliphatic (non ambering) binder Med-high wear resistance Many color options, 5 yr warranty Tot Turf Thermo Plastic Premium two layer (SBR+1/2”TPV) system w/choice of binder High wear resistance Many color options, 5 yr warranty Tot Turf Supreme Super Premium two layer (SBR+1/2” .5mm granule TPV) system w/Aliphatic binder Ultimate wear resistance Four color options, 7 yr warranty We spend all of our time, efforts, and resources on one thing-providing you the best surfacing in the industry, with the widest array of surface types, color choices, and finishing options. Our design team is also unmatched at creating custom graphics, whether you want a simple game, a detailed logo, or a school mascot! www.totturf.com 800.858.0519 Tot Turf EconoTurf Budget friendly single layer SBR system w/ Aromatic binder For preschool play areas only Medium wear resistance 3 color options, 2 yr warranty Page 183 of 658 Talkin’ Tot Turf is our exclusive talking surface option, designed to turn your play surface into an activity center that will keep kids moving! Create sounds to maximize your graphic design, teaching tools for educational purposes, or surprises for children to discover, Talkin’ Tot Turf is the revolutionary way to add even more play value to your surfacing! Available with all poured rubber surfaces, and with a choice of with motion activated or pressure sensitive sensors. Make it talk! Imagine if your surface could teach color names by calling them out when a child jumped on that color dot, or encouraged fitness by saying “do it again!” when kids reached the bottom of a slide…Now it CAN! -Richard Hawley, VP Tot Turf We install it AND service it Ask about our Robbie Maintenance program and get more life from your surface! Engineered Wood Fiber All natural wood Engineered specifically for playgrounds Requires regular maintenance 15 yr warranty, 25 yr system warranty Tuff Mulch Shredded rubber granule High wear resistance 6 color options, 10 year warranty GreenTurf Looks like grass Includes impact layer and wear layer Medium wear resistance 5 year warranty Tiles Great for indoor or outdoor use Choice of interlocking or non-interlocking High wear resistance 10 year warranty Bonded Rubber Recycled shredded rubber Particles bonded with urethane Medium wear resistance 3year warranty More Options Loose fill Unitary I appreciate Tot Turf being an industry leader that I can count on to provide me with up to the minute information to make decisions from. Your quick responses to our requests for service, design ideas, quotations, bids, and advice are very much appreciated. Karen McNamara, City of San Ramon Splash Turf EPDM rubber with Aromatic binder and waterproof Poly Urea coating Medium wear resistance 3 year warranty Water play Page 184 of 658 Page 185 of 658 195 OPTIONSPLAYANDPARK.COM | 800.727.1907Choose from one of our 24 most popular color palettes or create a custom palette of your own!Color Palettes Starlight Black Uprights Green UprightsBrownDecks BrownDecksSpring GreenPlastic Attach- ments GreenPlastic Attach- ments Starlight Black Metal Accents Beige Metal Accents Spring GreenHDPE GreenHDPESpring GreenRoto Plastic BeigeRoto Plastic Tree Frog GreenShade EvergreenShade Butter- scotch Uprights GrayDecksGrayPlastic Attach- ments Champagne Metal Accents GreenHDPELight GreenRoto Plastic EvergreenShadeGreen Uprights Brown DecksBeigePlastic Attach- ments Burgundy Metal Accents BeigeHDPEBeigeRoto Plastic SandShadeStarlight Black Uprights BrownDecksLight GreenPlastic Attach- ments Spring Green Metal Accents GreenHDPEGrayRoto Plastic EvergreenShadeYellow Uprights BlueDecksSky BluePlastic Attach- ments Spring Green Metal Accents YellowHDPESpringGreenRoto Plastic Sky Shade Metallic Uprights BlueDecksSpring GreenPlastic Attach- ments Orange Metal Accents Spring GreenHDPE YellowRoto Plastic Sky Shade Light Green Uprights GrayDecksBluePlastic Attach- ments Plum Metal Accents BlueHDPEGrayRoto Plastic Deep SeaShade Beige Uprights BlueDecksLight GreenPlastic Attach- ments Blue Metal Accents RedHDPEBlueRoto Plastic Deep SeaShadeSpring Green Uprights BlueDecksBluePlastic Attach- ments Spring Green Metal Accents BlueHDPESky BlueRoto Plastic Deep SeaShadeStarlight Black Uprights Brown DecksOrangePlastic Attach- ments Spring Green Metal Accents OrangeHDPESpringGreenRoto Plastic Deep SeaShadeWhite Uprights BlueDecksBluePlastic Attach- ments Blue Metal Accents RedHDPERedRoto Plastic Deep SeaShade Bronze Uprights Brown DecksRedPlastic Attach- ments Bronze Metal Accents RedHDPEYellowRoto Plastic MesaShade White Uprights Blue DecksBluePlastic Attach- ments Red Metal Accents BlueHDPEBlueRoto Plastic Deep SeaShadeSpring Green Uprights Sky Blue Uprights Red UprightsSky Blue Uprights BlueDecks BlueDecks BlueDecksGray Decks YellowPlastic Attach- ments YellowPlastic Attach- ments BluePlastic Attach- ments GrayPlastic Attach- ments Spring Green Metal Accents Spring Green Metal Accents Yellow Metal Accents Orange Metal Accents BlueHDPE Red HDPE YellowHDPEGrayHDPEBlueRoto Plastic RedRoto Plastic BlueRoto Plastic BlueRoto Plastic Tree FrogGreenShade SkyShade Deep SeaShadeCloudShade Cham- pagne Uprights Peri- winkle Uprights Gray Decks Blue DecksSky BluePlastic Attach- ments OrangePlastic Attach- ments Orange Metal Accents Spring Green Metal Accents SkyBlueHDPE OrangeHDPEOrangeRoto Plastic YellowRoto Plastic CloudShade Tree FrogGreenShade Peri- winkle Uprights BlueDecksRoyal PurplePlastic Attach- ments Spring Green Metal Accents Spring GreenHDPE PeriwinkleRoto Plastic Tree Frog GreenShade Butter- scotch Uprights Gray Decks Brown DecksGray Decks BeigePlastic Attach- ments Sand-stone Plastic Attach- ments BluePlastic Attach- ments BeigeRotoPlastic Sky BlueRotoPlastic Brown UprightsChampagne Uprights Light Green Metal Accents Light Green Metal Accents Ever-green-Shade Butter- scotch Metal Accents BlueHDPE BurgundyHDPEBlueHDPEBurgundyRoto Plastic Deep SeaShadeDeep Sea Shade Inspire Northwoods Energetic Greenway Natural River Rock Adventure Waterfall Good Natured Basics PeacockGingersnapBubblegum Renewal Loyal Nation’s Best SpringShamrock Limelight Vigorous ForestCardinal Clear Sky Harmony Page 186 of 658 Terms & Conditions TO THE EXTENT PERMITTED BY LAW, THESE WARRANTIES ARE EXPRESSLY IN LIEU OF ANY OTHER IMPLIED OR EXPRESSED WARRANTIES OR REPRESENTATIONS BY ANY PERSON, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS. Warranties do not cover damage caused by vandalism or abuse. Warranty claims must be filed within the applicable warranty period and accompanied by a copy of the original invoice or Play & Park Structures invoice number. Play & Park Policies Specifications: Specifications were current at the time of publication. Play & Park Structures has an ongoing policy of product improvement and therefore reserves the right to modify specifications or discontinue products without notice. Terms of Sale: To governmental agencies and tax supported institutions, and those with approved credit, payment is due within 30 days from the date of invoice. A 1.5% per month finance charge will be imposed on all past due accounts. We also accept payment by VISA, MasterCard or American Express. All other orders will require a 50% deposit at the time of order entry. The balance will be due with a certified check upon receipt of shipment (C.O.D.). Prices: Prices are F.O.B. factory and do not include freight charges. All prices listed were current at the time of publication and quoted in U.S. Funds. Due to the abnormally high cost of fuel and its impact on many of the materials used in our industry, quotations are valid for 30 days only and prices may be subject to material and fuel surcharges at the time of shipment. Prices are subject to change without notice. Current prices will apply at the time of shipment. Freight charges: Freight charges are determined and collected by the carrier unless Play & Park Structures is requested and agrees to prepay and add these costs to the invoice. Taxes: If applicable, taxes will be added to the invoice except when a tax-exempt certificate is provided with the purchase order at the time of order entry. Minimum Order: Our minimum order is US $50.00. Order Cancellation: Once accepted, orders can be canceled only with the consent of Play & Park Structures, and on terms which will indemnify Play & Park Structures against loss. Canceled orders will be subject to a restocking fee. Equipment “built-to-order” is non- cancelable. Domestic Shipments: Unless specifically given routing instructions on the purchase order, shipment will be made via the carrier we consider to be the most economical and practical in reaching the final destination. All domestic shipments are governed by ICC Regulations. Delays in Transit: Play & Park Structures is not responsible for delays in transit and such delays shall not alter our invoicing terms. If your order does not reach you within a reasonable time after being advised that shipment went forward from our plant, Play & Park Structures will assist in the tracking process. Loss or Damage in Transit: Play & Park Structures is not responsible for loss or damage in transit. When we release the material to the carrier, a bill of lading is signed which states that the shipment was received from us complete and in good condition. A copy of this bill of lading is forwarded to you with the shipment and should be checked carefully with the materials you received. Any shortage, discrepancy or damage must be noted on the delivery receipt and signed by the carriers’ representative. Failure to note acceptations on the delivery receipt may impair your right to recovery from the carrier. Weights: All published weights are estimated and include appropriate packing materials. Actual weights may vary slightly. Pricing valid on orders received prior to November 30, 2020: orders must be shipped within 30 days. * For the purpose of this warranty, lifetime encompasses no specific term of years, but rather that Seller warrants to its original customer for as long as the original customer owns the Product and uses the Product for its intended purpose that the Product and all parts will be free from defects in material and manufacturing workmanship. PARTNERSHIP STANDARDS & ORGANIZATIONS CPSC The Consumer Product Safety Commission is an independent agency within the United States Federal Government with the authority to inform the public of current product safety performance information and recommended practices. The CPSC first published their guidelines for public playgrounds in 1981 and have updated their publication several times since then. The current CPSC Handbook for Public Playground Safety, publication #325, is an excellent guide for owners and operators of public play environments. U.S. Consumer Product Safety Commission Washington, DC 20207 Website: www.cpsc.gov E-mail: info@cpsc.gov Flo-Coat® Galvanized Steel Tubing Galvanizing provides electrochemical protection to steel, in addition to forming a protective barrier. Allied’s unique triple layer Flo- Coat galvanizing process goes even a step further by adding a conversion coating to passivate the zinc, and a clear polymer topcoat that reduces the general corrosion rate of the zinc. This synergy between the coatings allows the zinc to be more effective in protecting uncoated edges. Cold Formed Steel 99.99% Pure Zinc Conversion Coating Clear Polymer Powder Coating ISO 14001 We are proud to be ISO14001 certified for our manufacturing facility in Fort Payne, Alabama. Also referred to as the “Green Certification,” ISO14001 is an internationally recognized standard for environmental management, measurement, evaluation and auditing. As an ISO14001 certified company, Play & Park controls the environmental impact of our activities, products, and services by implementing and Environmental Management System (EMS) that meets international standards, but is specific to the play products being produced. ISO 9001 An industry certification process issued by the International Organization for Standardization. It is used to measure manufacturing standards and to certify company compliance with quality control systems covering design, development, production, installation, inspection and testing. DOJ 2010 Standard for Accessible Design Access Board (The United States Architectural and Transportation Barriers Compliance Board) has completed Accessibility Guidelines for Play Facilities as set forth in the Americans with Disabilities Act of 1990. The Final rules, fact sheets and analysis are all available at the Department of Justice. Access Board 1331 F Street, NW, Washington, DC 20004-1111 Website: www.access-board.gov E-mail: ta@access-board.gov US Department of Justice: www.ada.gov ASTM International is an independent and world renowned developer of technical standards utilized in testing a multitude of products. ASTM's F15.29 committee met regularly for over a decade in the continual development of the F1487 Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use. Throughout this catalog we state ASTM Use Zones in dimensional form per the ASTM F1487 Standard Consumer Safety Performance Specifications for Playground Equipment for Public Use, which are minimum dimensions. Consideration should be given to the number of users and their circulation patterns. ASTM International 100 Barr Harbor Drive, PO Box C700 West Conshohocken, PA 19428-2959 Website: www.astm.org E-mail: service@astm.org IPEMA In the interest of public playground safety, the International Playground Equipment Manufacturer's Association (IPEMA) provides a Third Party Certification Service whereby a designated independent laboratory, TUV America, Inc., validates an equipment manufacturer's certification of conformance to ASTM F1487, Standard Consumer Safety Performance Specification for Playground Equipment for Public Use, except sections 7.1.1, 10 & 12.6.1; to CAN/CSA Z614, Children's Playspaces and Equipment, except clauses 9.8, 10 & 11, or both. The use of corresponding logo in Play & Park Structures' catalog signifies that Play & Park Structures has received written validation from the independent laboratory that the product(s) associated with the use of the logo conforms to the requirements of the indicated standard. Check the IPEMA website, www.ipema.org, to confirm product validation. IPEMA 4305 N. 6th Street, Suite A, Harrisburg, PA 17110 Website: www.ipema.org E-mail: certification@ipema.org CSA A large portion of Play & Park Structures equipment meets CSA standards, but please request structures, components, or freestanding items that specifically meet that need if required. Services Flexible Financing Program Through a strategic alliance with Navitas Corporation®, Play & Park is able to provide flexible financing for customers who require funding assistance on their next playground project. Complete our financing request form online at playandpark.com, and bring play opportunities to your school or community more quickly. National Demonstration Site Learn more about becoming a national demonstration site for inclusive playgrounds, fitness focused play, a NatureGrounds® play space, or for physically active play. To learn more visit: playandpark.com/national- demonstration-site-program 544 Chestnut Street, Chattanooga, TN 37402 Limited Lifetime Warranty Limited lifetime warranty on all Play & Park Structures posts, clamps, post caps, and hardware. 15 Year Limited Warranty 15-Year limited warranty on SuperMax, DuraMax, totmax, Skyline, Early Horizons, rotomolded plastic components, decks, pipes, rails, loops, and rungs. 3 Year Limited Warranty 3-Year limited warranty on spring bouncer C-type springs. 5 Year Limited Warranty 5-Year limited warranty on, HDPE panels, swing strap seats, tot seats, and nylon-covered cable net climbers and components. 1 Year Limited Warranty 1-Year limited warranty on spring bouncer coil springs and all other Play & Park Structures products including moving parts. 10 Year Limited Warranty 10-Year limited warranty on shade products, fiberglass signage, pressure treated pine, and redwood products utilized in site furnishings. play & park structures® warranties 197 OPTIONSPLAYANDPARK.COM | 800.727.1907Custom Color Options Y/R Spring GreenYellow/Red Y/B Yellow/Black BR/BG BeigeBrown/BeigeBrown G/BG SB/W Sky BlueGreen/Beige Sky Blue/ White BL/BG Blue/BeigeBlue Purple R/Y Red/YellowBurgundyRed R/W YellowRed/White Orange B/WB/G Beige/Green Black Black/White W/BG/W Gray/WhiteGray White/Black G/WSG/W Green/WhiteGreenSpring Green White Sky BlueRedBurgundyBluePeriwinklePlumRoyal PurpleMetallicChampagneStarlight BlackBlackGreenDark GreenWhiteBrownSky BlueSpring GreenLight GreenRedOrangeBurgundyBluePeriwinklePlumRoyal PurpleBronzeButterscotchMetallicYellowBeigeStarlight BlackBlackHDPE Plastic Available 1-color or 2-color for graphics Rotomold Plastic Colors Available 1-color or 2-color for graphics Sandstone Beige with black flecks Deep Granite Gray with black flecks Gray Brown Blue Recycled Cedar Recycled Redwood Plastisol Deck & Site Colors Thermoplastic deck coating is available. Ask your sales representative for more information. Climber Cable Color BlackKhaki Tree Frog GreenSand Sky Mesa Deep Sea Evergreen Cloud Azure Graphite Lilac Dandelion Metal Colors Choose from 22 powder coat colors Red / Sky Blue Green / Brown Sky Blue / Yellow Red / Black Black Red Yellow Sky Blue Green Brown Raptor Cable Colors Fabric Shade & Canopy Nature Rotomold Plastic Colors for Apex, MaxClimb, and Rock Wall Climber Recycled Deck Colors Page 187 of 658 Page 188 of 658 Page 189 of 658 Page 190 of 658 Page 191 of 658 SANPABLOAVECARMEL CIRSANPASCUALAVEKRUG AVE RANCHO RD SAN PASCUAL AVEPRIVATE ST SAN PASCUAL AVEPRIVATE ST M AGN ESI A FA LLS D R SEBASTIAN WAYPRIVATE ST SANPABLOAVECARMEL CIRCARMEL CIRHEITZ CTMARTINI C T PRIVATE ST PRIVATE ST SAN PASCUAL AVEPRIVATE STCARMEL CIRFRED WARING DR MASSON STPRIVATE STRANCHO RD RANCHO RD PRIVATE RD PRIVATE STPRIVATE ST M A GN ESI A FA LLS D R SANPABLOAVEFRED WARING DRSANPABLOAVE CARMEL CIRSANPASCUALAVEKRUG AVE RANCHO RD SAN PASCUAL AVEPRIVATE ST SAN PASCUAL AVEPRIVATE ST M AGN ESI A FA LLS D R SEBASTIAN WAYPRIVATE ST SANPABLOAVECARMEL CIRCARMEL CIRHEITZ CTMARTINI C T PRIVATE ST PRIVATE ST SAN PASCUAL AVEPRIVATE STCARMEL CIRFRED WARING DR MASSON STPRIVATE STRANCHO RD RANCHO RD PRIVATE RD PRIVATE STPRIVATE ST M A GN ESI A FA LLS D R SANPABLOAVEFRED WARING DR Proposed Location of Fitness Equipment I VICINITY MAP Page 192 of 658 Page 1 of 1 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Monica O’Reilly, Management Specialist II REQUEST: RESOLUTION TO AUTHORIZE THE DESTRUCTION OF PAPER RECORDS THAT HAVE BEEN DIGITALLY IMAGED FROM THE DEVELOPMENT SERVICES DEPARTMENT (PLANNING/LAND DEVELOPMENT DIVISION), TO RELY ON THE ELECTRONIC RECORD AS THE OFFICIAL RECORD RECOMMENDATION: Waive further reading and adopt the resolution. BACKGROUND/ANALYSIS: The proposed Resolution allows the destruction of certain records upon approval of the City Council by resolution. The proposed records have been digitally imaged and the City will rely on the electronic record as the official record. FINANCIAL IMPACT: This action does not have a direct financial impact. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENT: 1. Resolution with Exhibits A & B Page 193 of 658 RESOLUTION NO. 2022-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, SETTING FORTH ITS FINDINGS AND AUTHORIZING THE DESTRUCTION OF PAPER RECORDS THAT HAVE BEEN DIGITALLY IMAGED FROM THE DEVELOPMENT SERVICES DEPARTMENT (PLANNING/LAND DEVELOPMENT DIVISION), TO RELY ON THE ELECTRONIC RECORD AS THE OFFICIAL RECORD WHEREAS, the Development Services Department of the City of Palm Desert, California, has imaged, in compliance with applicable state laws, official files, records, exhibits, permits, and other documents of said department; and WHEREAS, the images have been quality checked, and contain all significant details from the original and are an adequate substitute for the original document for all purposes for which the document was created or maintained; and WHEREAS, indexing has been verified/quality checked; and WHEREAS, the images have been placed on optical media that cannot be altered or changed (DVD-r, CD-R, or WORM), microfilm or microfiche; and WHEREAS, the optical media that cannot be altered or changed (DVD-r, CD-R, or WORM), microfilm or microfiche, has been stored in a safe and separate location. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: Section 1. That the above recitations are true and correct and constitute the findings of the Coty Council in this matter. Section 2. That it does hereby approve the destruction of the paper version of the documents, records or files as set forth in Exhibit “A” and “B,” attached hereto, to rely on the images as the “Official Record” and will be retained for the applicable retention period. Section 3. That paper files dated 1971 to 2013 containing conditional use permits, parcel map waivers, precise plans, and tentative parcel maps have exceeded its retention period (Exhibit “A”). Section 4. That precise grading plans, rough grading plans, storm drain plans, and street plans dated 1972-2013 have exceeded its retention period (Exhibit “B”). Page 194 of 658 RESOLUTION NO. 2022-____ 2 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 9th day of June 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, MAYOR ATTEST: ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 195 of 658 RESOLUTION NO. 2022-____ 3 EXHIBIT “A” DESTRUCTION OF FILES FROM THE DEVELOPMENT SERVICES DEPARTMENT (PLANNING/LAND DEVELOPMENT DIVISION) THAT HAVE EXCEEDED ITS RETENTION PERIOD RETENTION NO. CONDITIONAL USE PERMITS, PARCEL MAP WAIVERS, PRECISE PLANS, AND TENTATIVE PARCEL MAPS (2009-2014) BOX NO. D-PL-332 PL-018 72450 STONE EAGLE DRIVE - AT&T MONO-ROCK - CUP 12-266 - 2013 PL-018 72450 STONE EAGLE DRIVE - AT&T MONO-ROCK - CUP 11-196 - 2011 PL-018 704 SUMMIT COVE - BIGHORN/HOME - PP 11-01 - 2011 PL-018 707 SUMMIT COVE - BIGHORN/PARCEL MAP WAIVER - PMW 12-205 - 2013 PL-018 45359, 45369, 45379 SUNSET LANE - PARCEL MAP WAIVER - PMW 10-185 - 2010 PL-018 39014 SWEETWATER DRIVE - AVONDALE/PARCEL MAP WAIVER - PMW 11-17 - 2011 PL-018 TECHNOLOGY DRIVE - PARCEL MAP WAIVER - PMW 14-069 - 2014 PL-018 TECHNOLOGY DRIVE - INDUSTRIAL/COMMERCIAL - TPM 34211 - 2013 PL-018 36400 TECHNOLOGY DRIVE - HOLIDAY INN - PP/CUP 08-251 - 2009 PL-018 36400 TECHNOLOGY DRIVE - DMV BUILDING - PP 10-302 - 2011 PL-018 36400 & 36410 TECHNOLOGY DRIVE - LA QUINTA VILLAGE - PMW 10-207 - 2010 PL-018 74836 TECHNOLOGY DRIVE - BRIDGE FACILITY - CUP 10-274 - 2011 Page 196 of 658 RESOLUTION NO. 2022-____ 3 EXHIBIT “B” DESTRUCTION OF FILES FROM THE DEVELOPMENT SERVICES DEPARTMENT (PLANNING/LAND DEVELOPMENT DIVISION) THAT HAVE EXCEEDED ITS RETENTION PERIOD PRECISE GRADING PLANS, ROUGH GRADING PLANS, AND STREET PLANS (MYLARS 1971-2005) BOX NO. D-PL-14 RETENTION NO. TYPE PROJECT NO. CASE NO. PROJECT NAME YEAR PW-017 PRECISE GRADING PLAN G-102 TR 4380-1 KINGS COURT 1974 PW-017 PRECISE GRADING PLAN G-118 TR 12050 12 CONDO UNITS 1978 PW-017 PRECISE GRADING PLAN G-129 TR 4273 TR 4274 1972 PW-017 PRECISE GRADING PLAN G-144 TR 17794 DUPLEX 1984 PW-017 PRECISE GRADING PLAN G-167 TR 13915 INDUSTRIAL PARK 1982 PW-017 PRECISE GRADING PLAN G-173 DP 01-82 MOBILE GAS STATION 1985 PW-017 ROUGH GRADING PLAN G-179 TR 11636-4 CANYON COVE 1984 PW-017 PRECISE GRADING PLAN G-185 PRESIDENTS PLAZA PARKING LOTS 1980 PW-017 PRECISE GRADING PLAN G-192 COLLEGE OF THE DESERT PARKING 1986 PW-017 PRECISE GRADING PLAN G-212 TR13236 INDUSTRIAL PARK 1986 PW-017 PRECISE GRADING PLAN G-214 TR 4204 LOT FINISH 1971 PW-017 PRECISE GRADING PLAN G-220 PP 85-42 3 APARTMENT UNITS 1986 PW-017 PRECISE GRADING PLAN G-223 CUP 85-2 SACRED HEART CHURCH PARKING LOT 1986 PW-017 PRECISE GRADING PLAN G-240 TR 21791 RESIDENTIAL 1986 PW-017 PRECISE GRADING PLAN G-285 PP 87-22 COMMERCIAL BUILDING EXPANSION 1987 PW-017 STREET PLAN G-377 DESERT RECREATION/STREET PLAN 1989 PW-017 PRECISE GRADING PLAN G-386 PP 89-29 BUILDING 1990 PW-017 STREET PLAN G-412 PP 90-6 INDUSTRIAL BUILDING 1990 PW-017 PRECISE GRADING PLAN G-427 TR 4399 PORTOLA COUNTRY CLUB-PARKING 1990 PW-017 PRECISE GRADING PLAN G-436 PP 90-14 OFFICE PROFESSIONAL BUILDING 1991 PW-017 PRECISE GRADING PLAN G-439 PP 90-28 OFFICE PROFESSIONAL BUILDING 1991 PW-017 ROUGH GRADING PLAN G-447 BIGHORN RESERVOIR 1991 PW-017 ROUGH GRADING PLAN G-448 BIGHORN RESERVOIR 1991 PW-017 STREET PLAN G-450 PM 25799 1991 PW-017 PRECISE GRADING PLAN G-455 PP 90-24 BUILDING EXPANSION & REMODEL 1991 PW-017 ROUGH GRADING PLAN G-466 TR 27301 BIGHORN MOUNTAINAS 1992 PW-017 PRECISE GRADING PLAN G-467 TR 25445 REGENCY 1990 PW-017 PRECISE GRADING PLAN G-495 TR 28278 TR 2720-5 BIGHORN TEE NO. 7 1992 PW-017 PRECISE GRADING PLAN G-555 TR 19748-1, 2, 3 LAS BRISAS 1984 PW-017 PRECISE GRADING PLAN G-707 PP 98-14 RESIDENCE TO OFFICE 1998 PW-017 PRECISE GRADING PLAN G-974 TR 31860 RESIDENTIAL 2004 PW-017 ROUGH GRADING PLAN G-1021 TR 31836 PALM DESERT COUNTRY CLUB 2005 PW-017 PRECISE GRADING PLAN G-1194 TR 33837-1 ALEGRIA - SPANISH WALK (DELTA 2) 2012 Page 197 of 658 RESOLUTION NO. 2022-____ 4 PRECISE GRADING PLANS, ROUGH GRADING PLANS, AND STORM DRAIN LANS (MYLARS 1984-2013) BOX NO. D-PL-15 RETENTION NO. TYPE PROJECT NO. CASE NO. PROJECT NAME YEAR PW-017 PRECISE GRADING PLAN G-283 PP 87-24 TWO-STORY OFFICE BUILDING 1987 PW-017 PRECISE GRADING PLAN G-284 PP 86-47 SENIOR APARTMENTS 1987 PW-017 ROUGH GRADING PLAN G-312 IRONWOOD CC BRIDGE 1984 PW-017 PRECISE GRADING PLAN G-325 PP 88-03 COMMERCIAL BUILDING 1989 PW-017 PRECISE GRADING PLAN G-380 TR 19587 RESIDENTIAL 1984 PW-017 PRECISE GRADING PLAN G-390 CUP 89-12 PROFESSIONAL OFFICE BUILDING 1990 PW-017 PRECISE GRADING PLAN G-392 PP 89-10 OFFICE BUILDING 1990 PW-017 PRECISE GRADING PLAN G-398 TR 25436 SANDCASTLES 1990 PW-017 PRECISE GRADING PLAN G-413 PP 89-8 OFFICE BUILDING 1990 PW-017 PRECISE GRADING PLAN G-415 TR 24923 RESIDENTIAL 1990 PW-017 PRECISE GRADING PLAN G-416 TR 20024 RESIDENTIAL-SOMMERSET 1990 PW-017 PRECISE GRADING PLAN G-417 CUP 90-6 PALM LAKES GOLF COURSE 1990 PW-017 PRECISE GRADING PLAN G-426 TR 19814-1 DESERT FALLS COUNTRY CLUB 1990 PW-017 ROUGH GRADING PLAN G-428 TR 25161 BIGHORN-RESIDENTIAL 1991 PW-017 PRECISE GRADING PLAN G-431 TR 26018 BIGHORN GOLF MAINTENANCE 1991 PW-017 PRECISE GRADING PLAN G-434 LIVING DESERT OFFICE FACILITY 1991 PW-017 ROUGH GRADING PLAN G-437 TR 26018 RESIDENTIAL-BIGHORN 1991 PW-017 ROUGH GRADING PLAN G-438 TR 26068 RESIDENTIAL-BIGHORN 1991 PW-017 PRECISE GRADING PLAN G-441 TR 26018 TR 25161 BRIDGE-BIGHORN 1991 PW-017 PRECISE GRADING PLAN G-444 PM 13559 OLIVE GARDEN 1993 PW-017 ROUGH GRADING PLAN G-446 TR 18479 CVWD/BIGHORN RESERVOIR 1991 PW-017 PRECISE GRADING PLAN G-451 OFFICE COMPLEX (STATE BLDG) 1991 PW-017 ROUGH GRADING PLAN G-453 1991 PW-017 PRECISE GRADING PLAN G-454 PM 27065 WARING PLAZA 1992 PW-017 ROUGH GRADING PLAN G-459 TR 25711 SANDCASTLE-RESIDENTIAL 1991 PW-017 PRECISE GRADING PLAN G-469 TR 25711 SANDCASTLE-RESIDENTIAL 1992 PW-017 PRECISE GRADING PLAN G-473 PP 91-13 APARTMENT COMPLEX 1992 PW-017 PRECISE GRADING PLAN G-477 PP 90-23 TOWN CENTER PLAZA 1992 PW-017 PRECISE GRADING PLAN G-487 TR 26123-1 INDIAN RIDGE COUNTRY CLUB 1992 PW-017 PRECISE GRADING PLAN G-531 PM 27400 MORTON'S PARKING AREA 1993 PW-017 STORM DRAIN PLAN G-539 PALM DESERT LIBRARY 1994 PW-017 PRECISE GRADING PLAN G-552 PALM DESERT COUNTRY CLUB 1990 PW-017 ROUGH GRADING PLAN G-553 TR 13832-2 PALM DESERT COUNTRY CLUB 1980 PW-017 PRECISE GRADING PLAN G-929 TR 29489 VILLA PORTOFINO ENTRY 2003 PW-017 PRECISE GRADING PLAN G-933 PP 01-02 CANYON NATIONAL BANK 2003 PW-017 ROUGH GRADING PLAN G-943 TR 29713 IRONWOOD COUNTRY CLUB 2003 PW-017 PRECISE GRADING PLAN G-1019 SCHILDGE OFFICE BUILDING ADDITION 2005 PW-017 PRECISE GRADING PLAN G-1084 TR 30795 FALCON CREST 2007 PW-017 PRECISE GRADING PLAN G-1116 TR 19619 MARRIOTT DESERT SPRINGS-SPA 2007 PW-017 PRECISE GRADING PLAN G-1253 TR 33935 RESIDENTIAL-KINGSTON COURT 2011 PW-017 PRECISE GRADING PLAN G-1293 TR 27520-5 BIGHORN MOUNTAINS 2013 Page 198 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Andrew Firestine, Assistant City Manager REQUEST: AWARD CONTRACT TO FLOCK SAFETY FOR A FIXED LOCATION AUTOMATED LICENSE PLATE RECOGNITION (ALPR) SYSTEM RECOMMENDATION: 1. Award contract to Flock Safety, in substantial form, for a fixed location Automated License Plate Recognition (ALPR) system in the amount of $140,050 in the first year and $126,000 each year thereafter, subject to annual budget appropriation. 2. Authorize the City Manager or designee to negotiate, finalize and execute a contract with Flock Safety. BACKGROUND/ANALYSIS: On February 9, 2022, the Public Safety Commission recommended the advertisement of a Request for Proposal (RFP) for a fixed location Automated License Plate Recognition (ALPR) system. City Council similarly supported the release of this RFP on February 24, 2022. Advertisement of the RFP commenced on March 18, 2022, and the City received three responses: Consultant Location Flock Safety Atlanta, GA Morgner Construction Management Los Angeles, CA Motorola Solutions Chicago, IL A review and selection committee comprised of three members of the Public Safety Commission, the liaison of the City Council to the Public Safety Commission, a representative of the Riverside County Sheriff’s Department, and two members of City staff reviewed the three proposals and met on May 4, 2022, to review the qualifications of each proposal. Although their proposal was not the lowest cost, Flock Safety submitted the most responsive bid to the RFP. Flock Safety contracts with over 1,000 cities and 1,500 law enforcement agencies across the country. They currently contract with the Riverside County Sheriff’s Department together with 15 cities within the county, including Cathedral City and Indio. Flock Safety operates a subscription-based model of $2,500 per camera per year, which includes all hardware, software, and LTE connectivity, together with a one-time fee of $350 per Page 199 of 658 City of Palm Desert Recommendation to Award Contract – ALPR Technology at Selected Intersections Page 2 of 2 camera. Flock Safety has provided a bid for a 49-camera deployment that would cost $140,050 in the first year and $126,000 each year thereafter. City staff are in the process of negotiating a Professional Services Agreement with Flock Safety and a separate service agreement with the vendor for the use of their hardware and software. Draft copies of those agreements are provided as Attachment 2. Commission Recommendation: The Public Safety Commission recommended approval of the contract award at their May 11, 2022 meeting. FINANCIAL IMPACT: The project is contemplated in the FY 2022/23 budget and sufficient funding will be available with the adoption of the budget by City Council. REVIEWED BY: Finance Director: Jose Luis Espinoza for Veronica Chavez City Manager: L. Todd Hileman ATTACHMENTS: 1. Flock Safety proposal 2. Draft Professional Services Agreement and Flock Safety Agreement Page 200 of 658 Your partner in fighting crime Jesse Mund 713.899.6379 jesse.mund@flocksafety.com City of Palm Desert RFP 2022-RFP-105 Page 201 of 658 City of Palm Desert RFP Committee, We appreciate the opportunity to bid on this project. Based on the needs shared we are confident that we can deliver a system that will help prevent and reduce crime. When we started Flock Safety in 2017, we were just concerned citizens trying to use our talents in electrical engineering and software development to help our neighborhoods stop property crime. Since that time, we’ve heard from Sheriffs, Chiefs of Police, Command Staff, City Councils, Business Leaders, and other Concerned Neighbors like us from all across the country. There is a growing desire to work together to eliminate crime and I believe that with the right technology, hard-working officers, and community engagement we can make a serious dent in the crime in your jurisdiction. And it's working today in 1500+ cities, with 1000+ law enforcement agencies across the country. We’re seeing lower crime rates, kidnapping victims returned to their families unharmed, tens of millions of dollars in recovered stolen vehicles, illegal weapons taken off the streets, a renewed energy among detectives and patrol officers, and most importantly, communities that support their local law enforcement because they are safer than ever before. moreover, Flock is the only company in this space that views privacy as a deliverable, and we will continue to do so in perpetuity. We want to continue that success with you and your community, so that you can: • Use the latest, most advanced technology to capture better evidence • Build tighter partnerships between law enforcement and the community you serve • Have a local team of Flock Safety reps dedicated to working with you and serving you Together, we can change the fabric of our country. We look forward to hearing from you and hope you will join the “flock”! Thank you, Garrett Langley Founder and CEO Page 202 of 658 1170 Howell Mill Rd Unit 210, Atlanta, GA 30318 PH- 866-901-1781 Cover Letter City of Palm Desert RFP Committee, Thank you for taking time to evaluate Flock! A quick introduction to your Southern California Team is included, but as requested in the RFP, I want to introduce the Major Account Manager and Project Lead Mr. Jesse Mund. His contact information is: Jesse Mund Major Account Manager-West 713-899-6379 Jesse.mund@flocksafety.com Current Residence: San Diego, CA Flock Safety has been working with Riverside County Sheriff’s office as well as other police departments within the county to provide a county wide tool to enhance public safety within the region. Current customers in the county include: 1. Riverside County Sheriff 2. Murietta PD 3. Beaumont PD 4. Hemet PD 5. Cathedral City PD 6. Menifee PD 7. City of Moreno Valley 8. City of Lake Elsinore 9. City of Norco 10. City of Canyon Lake 11. Cathedral City PD 12. Indio PD 13. Corona PD 14. City of San Jacinto 15. City of Wildomar 16. City of Perris 17. City of Temecula The Flock installation process is straight forward and simple compared to other processes. Flock and the city agree to installation locations (included in RFP response), get the appropriate permits, and Flock installs the cameras. The RSO will then get access to the cameras and be able to use them to fight crime in Palm Desert. We look forward to answering any questions the city may have about our solution. Best Regards, Alex Latraverse CRO alex@flocksafety.com 770.905.6240 1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318 Page 203 of 658 Flock Safety has built the first public safety operating system that helps neighborhoods, businesses, and law enforcement in 1500+ cities work together to eliminate crime, protect privacy, and mitigate bias. Pair devices that capture objective evidence and machine learning to create and deliver unbiased investigative leads to law enforcement. What makes Flock Safety’s technology different Thousands of communities use privately funded Flock Safety cameras throughout the country, which provides a huge benefit to local law enforcement as they can have access to those cameras without having to pay for them. Use cameras that are solar powered and include LTE internet connectivity (unlimited use included in cost), so they can be rapidly deployed virtually anywhere. Public & private partnerships Infrastructure free Vehicle fingerprint™ technology Capture far more than just license plates. Allow your investigators to search footage by vehicle type, make, and color; identify the state of a license plate; capture temporary plates,paper plates, and vehicles without plates. Our cameras also capture two (2) lanes of traffic traveling up to 75 MPH with a single camera. Simple & affordable Our cameras cost $2,500 per camera per year which includes hardware, software, solar power, LTE connectivity, unlimited users, and unlimited data storage. Page 204 of 658 Discover crime and traffic patterns Prioritize changes by greatest impact Change your community for the better Give city council an ROI report New privacy setting (National + State search) 500M monthly reads Attached to “Lookup” experience A new way to solve cross-jurisdiction crimes “I have the plate where is the car?” Designed to search all cameras, all time Get a full view of all activity tied to one vehicle in your network Search plates across your jurisdiction Insights National and Local Sharing Lookup Performance Daytime Footage Temporary Plate Covered Plate Nighttime Footage No Plate Two Lanes of Traffic Page 205 of 658 Camera Specifications Camera Performance Dimensions: 8.75” x 3” Weight: 3 lbs IP65 Waterproof Dimensions: 8.75” x 3” Weight: 3 lbs IP65 Waterproof 16GB local storage, ~2 weeks 14Ah Battery 30W Solar Panel (14” x 21”) AC Power (5 ft. range) Passive Infrared Motion Detection NCIC and Custom Alert Notifications Average of 10-15 seconds Includes time, location, plate, and vehicle image Includes state specific alerts based on image 100-240 VAC <1 amp 60 W Solar 11-14 Volt 1.4GHz 64-bit quad-core CPU 30-50 ft from vehicles Up to 2 lanes of traffic per camera Date and time with camera location Plate (state, partial, paper, and none) Vehicle details (Make, type, and color) Embedded Cellular LTE Connection Cellular service provider depends on area Designed & manufactured in the U.S. 850nm Custom IR Array 30 days storage (Amazon Web Services) Accessible via secure website Images can be downloaded and stored by department DesignDesign Data Power Motion Motion Power Source Processing Power Image Capture Connectivity Production Night Vision Cloud Storage Page 206 of 658 REFERENCES We work with most of the law enforcement agencies in California that have city / county-wide fixed ALPR solutions, and we are bringing on 200+ new cities / counties nationally every single quarter. City of Temecula (RSO) Michael K. Heslin Director of Information Technology and Support Services City of Temecula (951) 308-6321 michael.heslin@TemeculaCA.gov 50+ Camera installation City of Moreno Valley Steve Hargis, PhD Strategic Initiatives Manager steveh@moval.org 951-413-3401 40+Camera installation Riverside County Sheriff Cpt. Ken Reichle kreichle@riversidesheriff.org 951-487-7363 260+Camera installation References Page 207 of 658 Flock Team in California Flock Safety rep for the Major Accounts in Southern California. 7 years of experience working with the public sector Responsible for all aspects of contracting and planning Jesse MundMajor Accounts Manager-West 3 Years leading Training and implementation with Flock Safety Responsible for post-sales success, including training, installation updates, permitting, hot list connectivity, agency networking, and community engagement. Tonia Crump Major Accounts Customer Success Manager Oversees all permitting operations for California 7 years working in infrastructure permitting with MD7 Responsible for working with cities to understand and submit permit applications Veronica Cooley Permitting Manager Manage Communications and resources to install Flock Cameras Led the 260 camera deployment for the Riverside County Sheriff Scout Cappello Project Manager Cody will oversee all field installation services for the project Cody King Director of Field Ops <> Installations Page 208 of 658 New customers will first get connected with their dedicated Onboarding Specialist who will spearhead the installation project to completion. Once cameras are successfully capturing footage, customers get introduced to their dedicated Market Manager. This person serves as the main point of reference for all things Flock Safety (training, setup questions, etc). In addition, the Flock Safety Support team monitors the support@flocksafety.com inbox Monday through Friday, 8:00 AM to 5:00 PM EST. Training, Ongoing Support & Timeline Regular software updates at no additional cost Camera maintenance is included in the subscription Unlimited users for hotlist integration and alerts, and camera footage search The average installation is to 6-8 weeks. Camera locations and installation timing is coordinated by the Flock Safety Customer Support team. Safety-As-A-Service Installation & camera locations Solutions Consultants with LE backgrounds who are experts in Flock ALPR and will help ensure that we have the best possible deployment for your city End to end service provider Product Implementation who will ensure that every location is vetted from a feasibility standpoint and we are set up for success, c) Permitting Team who will help with County, City, and even CalTrans permits.Page 209 of 658 Install Process Guide New customers will first get connected with their dedicated Onboarding Specialist who will spearhead the installation project to completion. Once cameras are successfully capturing footage, customers get introduced to their dedicated Market Manager. This person serves as the main point of reference for all things Flock Safety (training, setup questions, etc). In addition, the Flock Safety Support team monitors the support@flocksafety.com inbox Monday through Friday, 8:00 AM to 5:00 PM EST. Current projected locations are here: https://planner.flocksafety.com/public/e537e9dc-4fc4-44e6-88ad-c78adcfd56b1 Process once the above locations are approved by Flock Safety and the City of Palm Desert 1.Flock's Project Manager, Scout, will take ownership of the project 2.Flock will submit for permits 3.Once Permits are approved, Flock will preform a physical site survey and call 811 4.Flock will schedule installation 5.Anticipated installation timeline will be 8 weeks from date of permits being issued by the city. Any CalTrans permits (if needed) will be separate and on a different timeline. The Flock safety installation process is designed to be straight forward and simple. All hardware will be provided and installed by our technicians. We will then add your network of cameras to the RSO network, and they can begin using the cameras immediately upon installation. The department is fully trained on their use, and has internal policy and training resources. The RSO has access to hundreds of Flock Cameras in Riverside County, and has procured 260 for the unincorporated areas of the county including the Palm Desert and Thermal patrol areas. In addition, most of the other cities in the county, that contract with RSO are currently Flock Safety customers, and 2 of which are listed as references as they have systems of similar size and scope as proposed in this RFP. Flock has a team of over 45 installers nationwide, and crews that can be dispatched if needed to support the local team. We also have access to local licensed subcontractors that can be utilized on an as-needed basis. Page 210 of 658 Scope of Services 10.1. Equipment Specifications Requirements The cameras should have the capability to cover two to three lanes of traffic from a side angle. Three lanes would be preferable as well. The ALPR camera must have the ability to capture license plates on vehicles traveling 75+ miles per hour. The ALPR must be able to capture license plates during day or night, and this includes all styles (black and yellow, white, paper) of license plates, including out of state versions. Flock Response: Yes. Each camera will cover 2 lanes of Traffic • GPS capabilities to provide the location of the camera. Flock Response: Yes • System must be fully compliant with California Senate Bill 34. Flock Response: Yes • Cloud storage for all videos must comply with CJIS security requirements. Flock Response: Yes • All software and services required to deploy and operate the ALPR system. The system should have the capability to upload vehicle information as a "Hotlist." Flock Response: Yes • Data captured by the ALPR system must be available to share with other agencies as needed. Flock Response: Yes • ALPR software must have the availability of unlimited users for a base price, not a per- user license, and must be capable of use over LTE on mobile MDC's. Flock Response: Yes • The availability of solar for the power source and associated battery back-up would be beneficial and preferred by City. Flock Response: Yes, Flock plans to install every camera solar powered, which is included in the price. Flock has installed over 500 Solar powered cameras in Riverside County • Cameras must include bracketry to mount to a fixed object. The City’s preference is to mount the cameras on existing infrastructure, to the extent practicable. Flock Response: Understood. However, Flock will install a breakaway pole where no city infrastructure is located, which is included in the cost. Page 211 of 658 Phase 1 includes 27 camerasSpecial Terms $71,000.00Recurring Total $76,950.00Total Price  CA - CA-City of Palm DesertBill To Name Andrew FirestineContact Name jesse.mund@flocksafety.comEmail 7138996379Phone Jesse MundPrepared By 7/15/2022Expiration Date 00001708Quote Number 4/14/2022Created Date Product Description List Price Sales Price Quantity Total Price Flock Falcon Camera Infrastructure-free (solar power + LTE), license plate recognition camera with Vehicle Fingerprint ™ technology + machine learning software and real-time alerts for unlimited users $2,500.00 $2,500.00 27.00 $67,500.00 Professional Services - Falcon, Standard Implementation One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Standard Implementation Service Brief. $350.00 $350.00 27.00 $9,450.00 Page 212 of 658 Phase 2 consists of 22 cameras. 1 camera (#42) is on Hwy 74 and will require a CalTrans permit, hence the Advanced implementation fee. Special Terms $58,500.00Recurring Total $63,100.00Total Price  CA - CA-City of Palm DesertBill To Name Andrew FirestineContact Name jesse.mund@flocksafety.comEmail 7138996379Phone Jesse MundPrepared By 7/15/2022Expiration Date 00001710Quote Number 4/14/2022Created Date Product Description List Price Sales Price Quantity Total Price Flock Falcon Camera Infrastructure-free (solar power + LTE), license plate recognition camera with Vehicle Fingerprint ™ technology + machine learning software and real-time alerts for unlimited users $2,500.00 $2,500.00 22.00 $55,000.00 Professional Services - Falcon, Standard Implementation One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Standard Implementation Service Brief. $350.00 $350.00 21.00 $7,350.00 Professional Services - Falcon/Sparrow, Advanced Implementation One time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. $750.00 $750.00 1.00 $750.00 Page 213 of 658 The total cost for all 49 cameras to cover all 30 locations issued in the RFP by the city.Special Terms $126,000.00Recurring Total $140,050.00Total Price  CA - CA-City of Palm DesertBill To Name afirestine@cityofpalmdesert.orgEmail (760) 346-0611Phone Andrew FirestineContact Name jesse.mund@flocksafety.comEmail 7138996379Phone Jesse MundPrepared By 7/15/2022Expiration Date 00001711Quote Number 4/14/2022Created Date Product Description List Price Sales Price Quantity Total Price Flock Falcon Camera Infrastructure-free (solar power + LTE), license plate recognition camera with Vehicle Fingerprint ™ technology + machine learning software and real-time alerts for unlimited users $2,500.00 $2,500.00 49.00 $122,500.00 Professional Services - Falcon, Standard Implementation One-time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Standard Implementation Service Brief. $350.00 $350.00 48.00 $16,800.00 Professional Services - Falcon/Sparrow, Advanced Implementation One time Professional Services engagement. Includes site & safety assessment, camera setup & testing, and shipping & handling in accordance with the Flock Safety Advanced Implementation Service Brief. $750.00 $750.00 1.00 $750.00 Page 214 of 658 [MODEL - REMOVE THIS TITLE WHEN USED] Contract No. CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 20 , 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 92260-2578, County of Riverside, State of California (“City”) and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [***INSERT ADDRESS***] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: [***INSERT NAME OF PROJECT***] (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 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 services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 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. [***INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.] 3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Page 215 of 658 Contract No. Exhibit “A” [INSERT NUMBER] additional one-year terms.***] 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. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants 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 in a prompt and timely manner 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 expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. 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 for cause. The key personnel for performance of this Agreement are as follows: [***INSERT NAME AND TITLE***]. 3.2.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). 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 Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], 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 Page 216 of 658 Contract No. Exhibit “A” 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 reasonable 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 warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. 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. 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 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. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Page 217 of 658 Contract No. Exhibit “A” Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. 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, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 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. 3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE IN CASE OTHER COVERAGE IS NEEDED (E.G. CYBER LIABILITY, ETC.)***] 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, 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 that is satisfactory to City. (A) 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. The policy must include Page 218 of 658 Contract No. Exhibit “A” contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) 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. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) 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. (D) 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, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. (***IF APPLICABLE-CHECK WITH RISK MANAGER) Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. Page 219 of 658 Contract No. Exhibit “A” (G) Cyber Liability Insurance. (***IF APPLICABLE-CHECK WITH RISK MANAGER) Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: (1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. (2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. (3) Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. (4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) 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 endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. Page 220 of 658 Contract No. Exhibit “A” (D) 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 has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives 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, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) 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. (H) 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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City 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. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives 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/umbrella liability policies. Page 221 of 658 Contract No. Exhibit “A” (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement 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 additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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. (P) 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. (Q) 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 Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Page 222 of 658 Contract No. Exhibit “A” Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. 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 not exceed [***INSERT AMOUNT WRITTEN OUT***] ($[***INSERT NUMBER***]) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. 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. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 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 written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Deleted: Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant Deleted: . Page 223 of 658 Contract No. Exhibit “A” Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 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 Worker's 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 Accounting Records. 3.5.1 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. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 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 seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Page 224 of 658 Contract No. Exhibit “A” 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) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 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. 3.6.2 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: [INSERT BUSINESS NAME] [INSERT STREET ADDRESS] [INSERT CITY STATE ZIP] ATTN: [INSERT NAME AND TITLE] City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: [INSERT NAME AND TITLE] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. 3.6.3.2 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City, including any method, process, product, or concept specified or depicted. 3.6.3.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, either created by or 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. Nothing furnished to Consultant which is otherwise Formatted: List Paragraph, Justified, Indent: First line: 1.5", Right: 0.19", Space Before: 0 pt, Outline numbered + Level: 4 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: -1.43" + Indent at: 0.07", Tab stops: 2.57", Left + 2.57", Left Commented [KN2]: This language doesn’t accurately represent the nature of Services with Flock (both a Hardware and SaaS platform). As stated in Flock’s T&Cs, Flock owns its IP and Agency owns Agency Data. As such, it is our preference to lean on our IP and License language. Deleted: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, 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 or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant¶ shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable ... [1] Deleted: ¶ Subconsultants. 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 professionals other than ... [2] Deleted: of the Documents & Data Deleted: and other Documents & Data Page 225 of 658 Contract No. Exhibit “A” 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. Page 226 of 658 Contract No. Exhibit “A” 3.6.3.4 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.. 3.6.4 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. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the grossly negligent performance of the Consultant’s Services, the Project or this Agreement, except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Entire Agreement. This Agreement, together with Consultant’s term’s and conditions (“Government Agency Agreement”), contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. In the event of conflict between this Agreement and the Government Agency Agreement, the Government Agency Agreement shall control. Deleted: Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information Deleted: City shall not release the Proprietary receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. Deleted: including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses Formatted: Left, Right: 0.19", Tab stops: 1.57", Left Deleted: Deleted: ¶ Page 227 of 658 Contract No. Exhibit “A” 3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.11 Assignment; Subcontracting. 3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 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, agents, volunteers and representatives except as 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. 3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.14 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. 3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.16 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. 3.6.17 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 Commented [KN3]: Flock uses subcontractors as a part of Services. Deleted: Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Page 228 of 658 Contract No. Exhibit “A” 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. 3.6.18 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. 3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Page 229 of 658 Contract No. Exhibit “A” SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: [INSERT NAME] [INSERT TITLE] ATTEST: By: City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney [***INSERT NAME OF CONSULTANT***] [***INSERT NAME OF LEGAL ENTITY***] [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE AND SECOND NOTARY ACKNOWLEDGEMENT IF SECOND SIGNATURE NOT REQUIRED] By: Its: Printed Name: QC OpenGov: Page 230 of 658 Contract No. Exhibit “A” SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. Page 231 of 658 Contract No. Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES [***INSERT SCOPE***] Page 232 of 658 EXHIBIT "A-I" FEDERALLY REQUIRED PROVISIONS FOR SERVICES [***INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE ALWAYS DELETE ENTIRE EXHIBIT “A-I”] Page 233 of 658 EXHIBIT "B" SCHEDULE OF SERVICES [***INSERT SCHEDULE***] Page 234 of 658 EXHIBIT "C" COMPENSATION [***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.] Page 235 of 658 Page 11: [1] Deleted Kimberly Nyitray 4/12/22 2:24:00 PM 1.1.1.1 Page 11: [2] Deleted Kimberly Nyitray 4/12/22 2:27:00 PM Formatted ... [1] Formatted ... [2] Page 236 of 658 FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations . The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”). Agency: CA - CA-City of Palm Desert Legal Entity Name: \FSLegalEntityName{r}\ Contact Name: Andrew Firestine Address: 73510 Fred Waring Drive Palm Desert, California 92260 Phone: (760) 346-0611 E-Mail: afirestine@cityofpalmdesert.org Expected Payment Method: \FSExpectedPaymentMethod1\ Billing Contact: \FSBillingContact1\ (if different than above) Initial Term: 24 months Renewal Term: 24 months Billing Term: Annual payment due Net 30 per terms and conditions Page 237 of 658 Name Price QTY Subtotal Professional Services - Falcon/Sparrow, Advanced Implementation $750.00 1.00 $750.00 Flock Falcon Camera $2,500.00 49.00 $122,500.00 Professional Services - Falcon, Standard Implementation $350.00 48.00 $16,800.00 (Includes one-time fees) Year 1 Total $140,050.00 Recurring Total: $126,000.00 Page 238 of 658 I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement. \FSInitials1\ By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Agency: CA - CA-City of Palm Desert By: \FSSignature2\ By: \FSSignature1\ Name: \FSFullname2\ Name: \FSFullname1\ Title: \FSTitle2\ Title: \FSTitle1\ Date: \FSDateSigned2\ Date: \FSDateSigned1\ Page 239 of 658 GOVERNMENT AGENCY AGREEMENT This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block of the order form (“Agency”) (each a “Party,” and together, the “Parties”). RECITALS WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, image, and recordings data of suspected vehicles (“Footage”) and can provide notifications to Agency upon the instructions of Non-Agency End User (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service (where there is an inves tigative or bona fide lawful purpose) such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30) day basis, Agency is responsible for extracting, downloading and archiving Footage from the Flock System on its own storage devices for auditing for prosecutorial/administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Purpose”). AGREEMENT NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement. 1. DEFINITIONS Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross -referenced in this Section 1. Page 240 of 658 1.1 "Agency Data” will mean the data, media and content provided by Agency through the Services. For the avoidance of doubt, the Agency Data will include the Footage. 1.2. “Agency Hardware ” shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term “Agency Hardware ” excludes the Embedded Software 1.3 “Authorized End User(s)” shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement. 1.4 “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement. 1.5 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Agency Hardware. 1.6 “Flock IP” will mean the Services, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing. 1.7 “Footage” means still images captured by the Agency Hardware in t he course of and provided via the Services. 1.8 “Hardware” or “Flock Hardware” shall mean the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “Hardware” excludes the Embedded Software. 1.9 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.10 below. 1.10 “Installation Services” means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware. 1.11 “Non-Agency End User(s)” shall mean any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement. 1.12 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. Page 241 of 658 1.13 “Support Services” shall mean Monitoring Services, as defined in Section 2.9 below. 1.14 “Unit(s)” shall mean the Agency Hardware together with the Embedded Software. 1.15 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services. 1.16 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non -exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for Agency ’s designated administrator, listed on the order form, and any Authorized End Users to access via the Web Interface for thirty (30) days. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the web interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non - exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non-transferable right and license to use the Documentation during the Service Term to Agency ’s in connection with its use of the Services as contemplated herein, and under Section 2.4 below. 2.4 Usage Restrictions. Page 242 of 658 a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative pr oduct from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, or 2.3. b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardwar e. Notwithstanding the notice and cure period set for in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights. 2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Hardware if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency ’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicab le law; (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limite d to, Page 243 of 658 utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock’s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other con sequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of th e Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency ’s account that have been impacted. 2.7 Installation Services. 2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a “Designated Location”). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Locat ion ready for installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan (“Reinstalls”) will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re-angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the lik e. Flock Safety shall have full discretion on decision to reinstall Flock Hardware. 2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the installation work. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the Page 244 of 658 permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT -approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware. 2.7.3 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be comple ted within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. 2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right. Page 245 of 658 2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendere d harmless. 2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on -site support and maintenance services (“On-Site Services”) in-person or by email at support@flocksafety.com. Flock will use commercially reasonable efforts to respond to requests for support. 2.10 Special Terms. From time to time, Flock may offer certain “Special Terms” related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency’s consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its Agency s, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with appli cable law. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations. Flock will assist Agency end-users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining Page 246 of 658 any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency per sonnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services. 3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 4. CONFIDENTIALITY; AGENCY DATA 4.1 Confidentiality. To the extent allowable by applicable FOIA and state -specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Proprietary Information of Flock includes non -public information regarding features, functionality and performance of the Services. Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units (“Agency Data”). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprie tary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherw ise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency ’s neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosin g Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such di sclosure to contest such order. For clarity, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or Page 247 of 658 otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order. 4.2 Agency Data.. As between Flock and Agency, all right, title and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below).As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30) days. Agency has a thirty (30) day window to view, save and/or transmit Footage to the relevant government agency prior to its deletion. 4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the fore going. 4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de -identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services (the “Aggregated Data”). Agency hereby grants Flock a non- exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data. Page 248 of 658 5. PAYMENT OF FEES 5.1a Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability re sulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. 5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoic e for twenty-five percent (25%) of the Initial Fees, and Agency shall pay on or before 30 th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice. 5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than six ty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock’s Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error. 5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. If Agency is a non-tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. 6. TERM AND TERMINATION Page 249 of 658 6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon execution of this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then -current term. 6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one-time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth p reviously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination. 6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Eit her party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro -rata portion of the pre-paid fees for Services not received due to such termination. 6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to ‘hot- list’ alerts, which may include ‘hot tags’, stolen vehicles, Amber Alerts, etc. (“No-Fee Term”). In the event a Non- Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30) day Page 250 of 658 retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days’ notice. Agency may terminate any No- Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice. 6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5. 7. REMEDY; WARRANTY AND DISCLAIMER 7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then -current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liabil ity to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Hardware. 7.2 Exclusions. Flock will not provide the remedy described in Section 7.1 if Agency is found to have misused the Flock Hardware, Agency Hardware or Embedded Software in any manner. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in good condition. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third -party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e -mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY ’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Page 251 of 658 SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 7.5 Insurance. Flock will maintain commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request. 7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third -party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User. 8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR RE ASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES.THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTE NT ALLOWED BY THE GOVERNING LAW OF Page 252 of 658 THE STATE MENTIONED IN SECTION 10.6, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO -FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No -Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No -Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages result ing from Flock’s other obligations under this Agreement. 8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the p erformance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock’s suppliers. 8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged vio lation of Section 3.2, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement. 9. RECORD RETENTION 9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agenc y Data, Flock will notify Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock’s behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand. Page 253 of 658 10. MISCELLANEOUS 10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.2 Assignment. This Agreement is not assignable, transferable or sublicensable by Agency except with Flock’s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent. 10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. 10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. 10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located. The parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Page 254 of 658 10.6 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website. 10.7 Export. Agency may not remove or export from the United States or allow the export or re -export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212 , any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. 10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections. 10.09 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing. 10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e - mail; the day after it is sent, if sent for next day delivery by recognized overnight deliver y service; and upon receipt, if sent by certified or registered mail, return receipt requested. Page 255 of 658 CUSTOMER IMPLEMENTATION GUIDE 2 0 Page 256 of 658 [MODEL - REMOVE THIS TITLE WHEN USED] Contract No. CITY OF PALM DESERT PROFESSIONAL SERVICES AGREEMENT 1. PARTIES AND DATE. This Agreement is made and entered into this day of , 20 , 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 92260-2578, County of Riverside, State of California (“City”) and [***INSERT NAME OF COMPANY], a [INSERT TYPE OF BUSINESS; I.E., CORPORATION (INCLUDE STATE OF INCORPORATION), LIMITED LIABILITY COMPANY, SOLE PROPRIETORSHIP, ETC.], with its principal place of business at [***INSERT ADDRESS***] ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Project. The City is a public agency of the State of California and is in need of professional services for the following project: [***INSERT NAME OF PROJECT***] (hereinafter referred to as “the Project”). 2.2 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant is duly licensed and has the necessary qualifications to provide such services. 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 services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. 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. [***INSERT IF FEDERAL FUNDS WILL BE USED; OTHERWISE ALWAYS DELETE: Additionally, Consultant shall comply with all Federal requirements applicable to the Services as set forth in Exhibit “A-I” and attached hereto and incorporated herein by reference (“Federal Requirements”). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.] 3.1.2 Term. The term of this Agreement shall be from [***INSERT DATE***] to [***INSERT DATE***], unless earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULTI-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; OTHERWISE, ALWAYS DELETE: The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than Page 257 of 658 Contract No. Exhibit “A” [INSERT NUMBER] additional one-year terms.***] 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. Any personnel performing the Services shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants 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 in a prompt and timely manner 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 expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.2.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services. 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 for cause. The key personnel for performance of this Agreement are as follows: [***INSERT NAME AND TITLE***]. 3.2.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). 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 Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the scope of services or change the Consultant's total compensation subject to the provisions contained in Section 3.3 of this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.2.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], 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 Page 258 of 658 Contract No. Exhibit “A” 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 reasonable 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 warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. 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. 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 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. 3.2.9 Period of Performance. Consultant shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Consultant shall also perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be separately agreed upon in writing by the City and Consultant (“Performance Milestones”). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party’s performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring at the site and the effects thereof on the services, only to the extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. Page 259 of 658 Contract No. Exhibit “A” Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.2.10 Laws and Regulations; Employee/Labor Certification. 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, and shall give all notices required by law. Consultant shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. 3.2.10.1 Employment Eligibility; Consultant. Consultant certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Consultant certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. 3.2.10.2 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. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.3 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. 3.2.11 Insurance. [***CITY RISK MANAGER TO REVIEW PRIOR TO EACH USE IN CASE OTHER COVERAGE IS NEEDED (E.G. CYBER LIABILITY, ETC.)***] 3.2.11.1 Minimum Requirements. Without limiting Consultant’s indemnification of City, and prior to commencement of the Services, 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 that is satisfactory to City. (A) 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. The policy must include Page 260 of 658 Contract No. Exhibit “A” contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (B) 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. The City’s Risk Manger may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) 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. (D) 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, its officers, agents, employees, volunteers and representatives. (E) Umbrella or Excess Liability Insurance. Consultant may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Consultant shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (1) A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (2) Pay on behalf of wording as opposed to reimbursement; (3) Concurrency of effective dates with primary policies; and (4) Policies shall “follow form” to the underlying primary policies. (5) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (F) Fidelity Coverage. (***IF APPLICABLE-CHECK WITH RISK MANAGER) Consultant shall provide evidence of fidelity coverage on a blanket fidelity bond or other acceptable form. Limits shall be no less than $1,000,000 per occurrence. Page 261 of 658 Contract No. Exhibit “A” (G) Cyber Liability Insurance. (***IF APPLICABLE-CHECK WITH RISK MANAGER) Consultant shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: (1) Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. (2) Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. (3) Liability arising from the failure of technology products (software) required under the contract for Consultant to properly perform the services intended. (4) Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. (5) Liability arising from the failure to render professional services If coverage is maintained on a claims-made basis, Consultant shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. 3.2.11.2 Other Provisions or Requirements. (A) 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 endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. (B) Duration of Coverage. Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Services hereunder by Consultant, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Consultant shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. Page 262 of 658 Contract No. Exhibit “A” (D) 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 has the right, but not the duty, to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant, or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may terminate this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, agents, officials, employees, volunteers, and representatives 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, its elected or appointed officers, agents, officials, employees, volunteers and representatives and shall require similar written express waivers and insurance clauses from each of its subconsultants. (G) 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. (H) 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. If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide City 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. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City and its officers, officials, employees, agents, volunteers and representatives 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/umbrella liability policies. Page 263 of 658 Contract No. Exhibit “A” (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Consultant agrees to ensure that its subconsultants, subcontractors, and any other party involved with the Project who is brought onto or involved in the Project by Consultant, provide the same minimum insurance coverage and endorsements required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subconsultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City and the City’s Risk Manager reserve the right at any time during the term of the Agreement 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 additional cost to the Consultant, the City and Consultant may renegotiate Consultant’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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. (P) 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. (Q) 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 Services. 3.2.12 Water Quality Management and Compliance. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges. Failure to comply with laws, regulations, and ordinances listed in this Section is a violation of federal and state law. Page 264 of 658 Contract No. Exhibit “A” Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies of this Section. 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 not exceed [***INSERT AMOUNT WRITTEN OUT***] ($[***INSERT NUMBER***]) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. City shall, within 30 days of receiving such invoice, review the invoice and pay all non-disputed and approved charges. 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. Consultant shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Consultant to submit a timely invoice may constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 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 written authorization from the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Deleted: Consultant shall submit to City monthly invoices which provide a detailed description of the Services and hours rendered by Consultant Deleted: . Page 265 of 658 Contract No. Exhibit “A” Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant’s performance of Services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, volunteers and representatives free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.3 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 Worker's 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 Accounting Records. 3.5.1 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. 3.6 General Provisions. 3.6.1 Termination of Agreement. 3.6.1.1 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 seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Page 266 of 658 Contract No. Exhibit “A” 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) days of the request. 3.6.1.3 Early Termination. Notwithstanding any provision herein to the contrary, if for any fiscal year of this Agreement the City Council fails to appropriate or allocate funds for future payment under the Agreement after exercising reasonable efforts to do so, the City may upon seven (7) days’ written notice, order work on the Project to cease. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. 3.6.1.4 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. 3.6.2 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: [INSERT BUSINESS NAME] [INSERT STREET ADDRESS] [INSERT CITY STATE ZIP] ATTN: [INSERT NAME AND TITLE] City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 ATTN: [INSERT NAME AND TITLE] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.6.3 Ownership of Materials and Confidentiality. 3.6.3.1 Documents & Data; Licensing of Intellectual Property. 3.6.3.2 Indemnification – Documents and Data. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers, agents and representatives free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City, including any method, process, product, or concept specified or depicted. 3.6.3.3 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, either created by or 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. Nothing furnished to Consultant which is otherwise Formatted: List Paragraph, Justified, Indent: First line: 1.5", Right: 0.19", Space Before: 0 pt, Outline numbered + Level: 4 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: -1.43" + Indent at: 0.07", Tab stops: 2.57", Left + 2.57", Left Commented [KN2]: This language doesn’t accurately represent the nature of Services with Flock (both a Hardware and SaaS platform). As stated in Flock’s T&Cs, Flock owns its IP and Agency owns Agency Data. As such, it is our preference to lean on our IP and License language. Deleted: This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, 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 or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant¶ shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable ... [1] Deleted: ¶ Subconsultants. 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 professionals other than ... [2] Deleted: of the Documents & Data Deleted: and other Documents & Data Page 267 of 658 Contract No. Exhibit “A” 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. Page 268 of 658 Contract No. Exhibit “A” 3.6.3.4 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information.. 3.6.4 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. 3.6.5 [Reserved] 3.6.6 Indemnification. 3.6.6.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, agents, and representatives free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the grossly negligent performance of the Consultant’s Services, the Project or this Agreement, except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, volunteers or representatives. 3.6.6.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Entire Agreement. This Agreement, together with Consultant’s term’s and conditions (“Government Agency Agreement”), contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. In the event of conflict between this Agreement and the Government Agency Agreement, the Government Agency Agreement shall control. Deleted: Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, agents, volunteers and representatives from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information Deleted: City shall not release the Proprietary receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information. Deleted: including without limitation the payment of all expert witness fees, attorney’s fees and other related costs and expenses Formatted: Left, Right: 0.19", Tab stops: 1.57", Left Deleted: Deleted: ¶ Page 269 of 658 Contract No. Exhibit “A” 3.6.7 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. 3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the Parties. 3.6.11 Assignment; Subcontracting. 3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. 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, agents, volunteers and representatives except as 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. 3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.6.14 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. 3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.6.16 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. 3.6.17 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 Commented [KN3]: Flock uses subcontractors as a part of Services. Deleted: Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Page 270 of 658 Contract No. Exhibit “A” 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. 3.6.18 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. 3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.6.20 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. [SIGNATURES ON NEXT PAGE] Page 271 of 658 Contract No. Exhibit “A” SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: [INSERT NAME] [INSERT TITLE] ATTEST: By: City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney [***INSERT NAME OF CONSULTANT***] [***INSERT NAME OF LEGAL ENTITY***] [IF CORPORATION, TWO SIGNATURES, PRESIDENT OR VICE PRESIDENT AND SECRETARY OR TREASURER REQUIRED] By: Its: Printed Name: [DELETE THE FOLLOWING SIGNATURE LINE AND SECOND NOTARY ACKNOWLEDGEMENT IF SECOND SIGNATURE NOT REQUIRED] By: Its: Printed Name: QC OpenGov: Page 272 of 658 Contract No. Exhibit “A” SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND [***INSERT NAME***] IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. Page 273 of 658 Contract No. Exhibit “A” EXHIBIT "A" SCOPE OF SERVICES [***INSERT SCOPE***] Page 274 of 658 EXHIBIT "A-I" FEDERALLY REQUIRED PROVISIONS FOR SERVICES [***INSERT FEDERALLY REQUIRED PROVISIONS TRIGGERED BY RECEIPT OF FEDERAL FUNDS FOR THE SERVICES; OTHERWISE ALWAYS DELETE ENTIRE EXHIBIT “A-I”] Page 275 of 658 EXHIBIT "B" SCHEDULE OF SERVICES [***INSERT SCHEDULE***] Page 276 of 658 EXHIBIT "C" COMPENSATION [***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] [INSERT THE FOLLOWING PROVISION IF THE AGREEMENT WILL AUTOMATICALLY RENEW: In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.] Page 277 of 658 Page 11: [1] Deleted Kimberly Nyitray 4/12/22 2:24:00 PM 1.1.1.1 Page 11: [2] Deleted Kimberly Nyitray 4/12/22 2:27:00 PM Formatted ... [1] Formatted ... [2] Page 278 of 658 FLOCK GROUP INC. SERVICES AGREEMENT ORDER FORM This Order Form together with the Terms (as defined herein) describe the relationship between Flock Group Inc. (“Flock”) and the customer identified below (“Agency”) (each of Flock and Customer, a ”Party”). This order form (“Order Form”) hereby incorporates and includes the “GOVERNMENT AGENCY AGREEMENT” attached (the “Terms”) which describe and set forth the general legal terms governing the relationship (collectively, the "Agreement" ). The Terms contain, among other things, warranty disclaimers, liability limitations and use limitations. The Agreement will become effective when this Order Form is executed by both Parties (the “Effective Date”). Agency: CA - CA-City of Palm Desert Legal Entity Name: Contact Name: Andrew Firestine Address: 73510 Fred Waring Drive Palm Desert, California 92260 Phone: (760) 346-0611 E-Mail: afirestine@cityofpalmdesert.org Expected Payment Method: Billing Contact: (if different than above) Initial Term: 24 months Renewal Term: 24 months Page 279 of 658 Billing Term: Annual payment due Net 30 per terms and conditions Page 280 of 658 Name Price QTY Subtotal Professional Services - Falcon/Sparrow, Advanced Implementation $750.00 1.00 $750.00 Flock Falcon Camera $2,500.00 49.00 $122,500.00 Professional Services - Falcon, Standard Implementation $350.00 48.00 $16,800.00 (Includes one-time fees) Year 1 Total $140,050.00 Recurring Total: $126,000.00 Page 281 of 658 I have reviewed and agree to the Customer Implementation Guide on Schedule B at the end of this agreement. By executing this Order Form, Agency represents and warrants that it has read and agrees all of the terms and conditions contained in the Terms attached. The Parties have executed this Agreement as of the dates set forth below. FLOCK GROUP, INC. Agency: CA - CA-City of Palm Desert By: By: Name: Name: Title: Page 282 of 658 Date: Page 283 of 658 GOVERNMENT AGENCY AGREEMENT This Government Agency Agreement (this “Agreement”) is entered into by and between Flock Group, Inc. with a place of business at 1170 Howell Mill Rd NW Suite 210, Atlanta, GA 30318 (“Flock”) and the police department or government agency identified in the signature block of the order form (“Agency”) (each a “Party,” and together, the “Parties”). RECITALS WHEREAS, Flock offers a software and hardware solution for automatic license plate detection through Flock’s technology platform (the “Flock Service”), and upon detection, the Flock Services are capable of capturing audio, image, and recordings data of suspected vehicles (“Footage”) and can provide notifications to Agency upon the instructions of Non-Agency End User (“Notifications”); WHEREAS, Agency desires access to the Flock Service on existing cameras, provided by Agency, or Flock provided Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, including those from non-Agency users of the Flock Service (where there is an investigative or bona fide lawful purpose), including but not limited to such as schools, neighborhood homeowners associations, businesses, and individual users; WHEREAS, Flock deletes all Footage on a rolling thirty (30)three hundred sixty-five (365) day basis, if Agency is responsible for extracting, downloading and archiving wishes to access particular Footage, it must download and archive such Footage from the Flock System on its own storage devices for auditing, for prosecutorial, and/or /administrative purposes; and WHEREAS, Flock desires to provide Agency the Flock Service and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations by police departments, and archiving for evidence gathering (“Purpose”). AGREEMENT NOW, THEREFORE, Flock and Agency agree as follows and further agree to incorporate the Recitals into this Agreement. 1. DEFINITIONS Page 284 of 658 Certain capitalized terms, not otherwise defined herein, have the meanings set forth or cross-referenced in this Section 1. Page 285 of 658 1.1 "Agency Data” will mean the data, media and content provided by to Agency through the Services. For the avoidance of doubt, the Agency Data will include only the Footage that Agency requests and receives for review from Flock and does not include the Footage or any other information recorded or retained by Flock but not requested by or provided to Agency. 1.2. “Agency Hardware ” shall mean the third-party camera owned or provided by Agency and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services. The term “Agency Hardware ” excludes the Embedded Software 1.3 “Authorized End User(s)” shall mean any individual employees, agents, or contractors of Agency accessing or using the Services through the Web Interface, under the rights granted to Agency pursuant to this Agreement. 1.4 “Documentation” will mean text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Services which are provided by Flock to Agency in accordance with the terms of this Agreement. 1.5 “Embedded Software” will mean the software and/or firmware embedded or preinstalled on the Agency Hardware. 1.6 “Flock IP” will mean the Services, the Footage, the Documentation, the Embedded Software, the Installation Services, and any and all intellectual property therein or otherwise provided to Agency and/or its Authorized End Users in connection with the foregoing. 1.7 “Footage” means still images captured by the Agency Hardware and stored on a temporary basis by Flock, and during that time available for Agency review upon request in the course of and provided via the Services. All Footage that is not Agency Data is owned and controlled exclusively by Flock. 1.8 “Hardware” or “Flock Hardware” shall mean the Flock cameras or device, pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Flock Services. The term “Hardware” excludes the Embedded Software. 1.9 “Implementation Fee(s)” means the monetary fees associated with the Installation Services, as defined in Section 1.10 below. 1.10 “Installation Services” means the services provided by Flock including any applicable installation of Embedded Software on Agency Hardware, as well as Flock Hardware or Hardware on or in any physical location. Page 286 of 658 1.11 “Non-Agency End User(s)” shall mean any individual, entity, or derivative therefrom, authorized to use the Services through the Web Interface, under the rights granted to pursuant to the terms (or to those materially similar) of this Agreement. 1.12 “Services” or “Flock Services” means the provision, via the Web Interface, of Flock’s software application for automatic license plate detection, searching image records, and sharing Footage. Page 287 of 658 1.13 “Support Services” shall mean Monitoring Services, as defined in Section 2.9 below. 1.14 “Unit(s)” shall mean the Agency Hardware and Flock Hardware together with the Embedded Software. 1.15 “Usage Fee” means the subscription fees to be paid by the Agency for ongoing access to Services. 1.16 “Web Interface” means the website(s) or application(s) through which Agency and its Authorized End Users can access the Services in accordance with the terms of this Agreement. 2. SERVICES AND SUPPORT 2.1 Provision of Access. Subject to the terms of this Agreement, Flock hereby grants to Agency a non-exclusive, non-transferable right to access the features and functions of the Services via the Web Interface during the Service Term (as defined in Section 6.1 below), solely for the Authorized End Users. The Footage will be available for Agency ’s designated administrator, listed on the order form, and any Authorized End Users to access via the Web Interface for thirty (30)three hundred sixty-five (365) days from its creation by Flock. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Flock will also provide Agency with the Documentation to be used in accessing and using the Services. Agency shall be responsible for all acts and omissions of Authorized End Users, and any act or omission by an Authorized End User which, if undertaken by Agency, would constitute a breach of this Agreement, shall be deemed a breach of this Agreement by Agency. Agency shall undertake reasonable efforts to make all Authorized End Users aware of the provisions of this Agreement as applicable to such Authorized End User’s use of the Services, and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Services, including without limitation using a third party to host the Web Interface which makes the Services available to Agency and Authorized End Users. Warranties provided by said third party service providers are the agency’s sole and exclusive remedy and flock’s sole and exclusive liability with regard to such third-party services, including without limitation hosting the web interface. Agency agrees to comply with any acceptable use policies and other terms of any third-party service provider that are provided or otherwise made available to Agency from time to time. 2.2 Embedded Software License. Subject to all terms of this Agreement, Flock grants Agency a limited, non- exclusive, non-transferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as installed on the Hardware or Agency Hardware; in each case, solely as necessary for Agency to use the Services. 2.3 Documentation License. Subject to the terms of this Agreement, Flock hereby grants to Agency a non- exclusive, non-transferable right and license to use the Documentation during the Service Term to Agency ’ies in connection with its use of the Services as contemplated herein, and under Section 2.4 below. Page 288 of 658 2.4 Usage Restrictions. Page 289 of 658 a. Flock IP. The purpose for usage of the Unit, Documentation, Services, support, and Flock IP are solely to facilitate gathering evidence that could be used in a lawful criminal investigation by the appropriate government agency and not for tracking activities that the system is not designed to capture (“Permitted Purpose”). Agency will not, and will not permit any Authorized End Users to, (i) copy or duplicate any of the Flock IP; (ii) decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any software component of any of the Flock IP is compiled or interpreted, or apply any other process or procedure to derive the source code of any software included in the Flock IP, or attempt to do any of the foregoing, and Agency acknowledges that nothing in this Agreement will be construed to grant Agency any right to obtain or use such source code; (iii) modify, alter, tamper with or repair any of the Flock IP, or create any derivative product from any of the foregoing, or attempt to do any of the foregoing, except with the prior written consent of Flock; (iv) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within any of the Services or Flock IP; (vi) use the Services, support, Unit, Documentation or the Flock IP for anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent or otherwise transfer or convey, or pledge as security or otherwise encumber, Agency’s rights under Sections 2.1, 2.2, or 2.3. b. Flock Hardware. Agency understands that all Flock Hardware is owned exclusively by Flock, and that title to any Flock Hardware does not pass to Agency upon execution of this Agreement. Agency is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Notwithstanding the notice and cure period set forth in Section 6.3, Agency agrees and understands that in the event Agency is found to engage in any of the restricted actions of this Section 2.4(b), all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination (without opportunity to cure) for material breach by Agency. 2.5 Retained Rights; Ownership. As between the Parties, subject to the rights granted in this Agreement, Flock and its licensors retain all right, title, and interest in and to the Flock IP and its components, and Agency acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement. Agency further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. There are no implied rights. 2.6 Suspension. Notwithstanding anything to the contrary in this Agreement, Flock may temporarily suspend Agency’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Hardware if (i) Flock reasonably determines that (a) there is a threat or attack on any of the Flock IP; (b) Agency ’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other Agency or vendor of Flock; (c) Agency or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Flock’s provision of the Services to Agency or any Authorized End User is prohibited by applicable law; (e) any vendor of Flock has suspended or terminated Flock’s access to or use of any third party services or products required to enable Agency to access the Flock IP; or (f) Agency has violated any term of this provision, including, but not limited to, , Page 290 of 658 utilizing the Services for anything other than the Permitted Purpose (each such suspension, in accordance with this Section 2.6, a “Service Suspension”). Flock will make commercially reasonable efforts, circumstances permitting, to provide written notice of any Service Suspension to Agency (including notices sent to Flock’s registered email address) and to provide updates regarding resumption of access to the Flock IP following any Service Suspension. Flock will use commercially reasonable efforts to resume providing access to the Service as soon as reasonably possible after the event giving rise to the Service Suspension is cured. Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that Agency or any Authorized End User may incur as a result of a Service Suspension. To the extent that the Service Suspension is not caused by Agency’s direct actions or by the actions of parties associated with the Agency, the expiration of the Term will be tolled by the duration of any suspension (for any continuous suspension lasting at least one full day) prorated for the proportion of cameras on the Agency ’s account that have been impacted. 2.7 Installation Services. 2.7.1 Designated Locations. For installation of Flock Hardware, prior to performing the physical installation of the Units, Flock shall advise Agency on the location and positioning of the Units for optimal license plate image capture, as conditions and location allow. Flock may consider input from Agency regarding location, position and angle of the Units (each Unit location so designated by Agency, a “Designated Location”). Flock shall have final discretion on location of Units. Flock shall have no liability to Agency resulting from any poor performance, functionality or Footage resulting from or otherwise relating to the Designated Locations or delay in installation due to Agency’s delay in confirming Designated Locations, in ordering and/or having the Designated Location ready for installation including having all electrical work preinstalled and permits ready, if necessary. The deployment plan will confirm the Designated Location. After installation, any subsequent changes to the deployment plan (“Reinstalls”) will incur a charge for Flock’s then-current list price for Reinstalls, as listed in the then-current Reinstall Policy (available at https://www.flocksafety.com/reinstall-fee-schedule) and any equipment charges. These changes include but are not limited to camera re-positioning, adjusting of camera mounting, re- angling, removing foliage, camera replacement, changes to heights of poles, regardless of whether the need for Reinstalls related to vandalism, weather, theft, lack of criminal activity in view, and the like. Flock Safety shall have full discretion on decision to reinstall Flock Hardware. 2.7.2 Agency Installation Obligations. Agency agrees to allow Flock and its agents reasonable access in and near the Designated Locations at all reasonable times upon reasonable notice for the purpose of performing the Page 291 of 658 installation workInstallation Services. Although the Units are designed to utilize solar power, certain Designated Locations may require a reliable source of 120V AC power, as described in the deployment plan. In the event adequate solar exposure is not available Agency is solely responsible for providing a reliable source of 120V AC power to the Units, if necessary. Additionally, Agency is solely responsible for (i) any permits or associated costs, and managing the Page 292 of 658 permitting process of installation of cameras or AC power; (ii) any federal, state or local taxes including property, license, privilege, sales, use, excise, gross receipts or other similar taxes which may now or hereafter become applicable to, measured by or imposed upon or with respect to the installation of the Hardware, its use (excluding tax exempt entities), or (iii) any other supplementary cost for services performed in connection with installation of the Hardware, including but not limited to contractor licensing, engineered drawings, rental of specialized equipment or vehicles, third-party personnel (i.e. Traffic Control Officers, Electricians, State DOT-approved poles, etc., if necessary), such costs to be approved by the Agency (“Agency Installation Obligations”). In the event that a Designated Location for a Unit requires permits, Flock will provide the Agency with a temporary alternate location for installation pending the permitting process. Once the required permits are obtained, Flock will relocate the Units from the temporary alternate location to the permitted location at no additional cost. Flock will provide options to supply power at each Designated Location. If Agency refuses alternative power supply options, Agency agrees and understands that Agency will not be subject to any reimbursement, tolling, or credit for any suspension period of Flock Services due to low solar. Flock will make all reasonable efforts within their control to minimize suspension of Flock Services. Any fees payable to Flock exclude the foregoing. Without being obligated or taking any responsibility for the foregoing, Flock may pay and invoice related costs to Agency if Agency did not address them prior to the execution of this Agreement or a third party requires Flock to pay. Agency represents and warrants that it has all necessary right title and authority and hereby authorizes Flock to install the Hardware at the Designated Locations and to make any necessary inspections or tests in connection with such installation. Flock is not responsible for installation of Agency Hardware. 2.7.3 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a workmanlike manner in accordance with Flock’s standard installation procedures, and the installation will be completed within a reasonable time from the time that the Designated Locations are confirmed. Following the initial installation of the Hardware and any subsequent Reinstalls reinstalls or maintenance operations, Flock’s obligation to perform installation work shall cease; however, for the sole purpose of validating installation, Flock will continue to monitor the performance of the Units for the length of the Term and will receive access to the Footage for a period of three (3) business days after the initial installation in order to monitor performance and provide any necessary maintenance solely as a measure of quality control. Agency understands and agrees that the Flock Services will not function without the Hardware. Labor may be provided by Flock or a third party. Flock is not obligated to install, reinstall, or provide physical maintenance to Agency Hardware. 2.7.4 Security Interest. Flock Hardware shall remain the personal property of Flock and will be removed upon the natural expiration of this Agreement at no additional cost to Agency. Agency shall not perform any acts which would interfere with the retention of title of the Hardware by Flock. Should Agency default on any payment of the Flock Services, Flock may remove Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Agency’s default and Flock shall have the right to enforce any other legal remedy or right. Page 293 of 658 2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock’s price for its services under this Agreement does not contemplate work in any areas that contain hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, toxic or flammable substances. In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately in the area affected until such materials are removed or rendered harmless. 2.9 Support Services. Subject to the payment of fees, Flock shall monitor the performance and functionality of Flock Services and may, from time to time, advise Agency on changes to the Flock Services, Installation Services, or the Designated Locations which may improve the performance or functionality of the Services or may improve the quality of the Footage. The work, its timing, and the fees payable relating to such work shall be agreed by the Parties prior to any alterations to or changes of the Services or the Designated Locations (“Monitoring Services”). Subject to the terms hereof, Flock will provide Agency with reasonable technical and on-site support and maintenance services (“On-Site Services”) in-person or by email at support@flocksafety.com. Flock will use commercially reasonable efforts to respond to requests for support. 2.10 Special Terms. From time to time, Flock may offer certain “Special Terms” related to guarantees, service and support which are indicated in the proposal and on the order form and will become part of this Agreement, upon Agency’s consent. To the extent that any terms of this agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control. 2.10 Changes to Platform. Flock may, in its sole discretion, make any changes to any system or platform that it deems necessary or useful to (i) maintain or enhance (a) the quality or delivery of Flock’s products or services to its Agenciey s, (b) the competitive strength of, or market for, Flock’s products or services, (c) such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law. 3. RESTRICTIONS AND RESPONSIBILITIES 3.1 Agency Obligations. Flock will assist Agency end-users in the creation of a User ID. Agency agrees to provide Flock with accurate, complete, and updated registration information. Agency may not select as its User ID a name that Agency does not have the right to use, or another person’s name with the intent to impersonate that person. Agency may not transfer its account to anyone else without prior written permission of Flock. Agency will not share its account or password with anyone, and must protect the security of its account and password. Agency is responsible for any activity associated with its account. Agency shall be responsible for obtaining and maintaining Page 294 of 658 any equipment and ancillary services needed to connect to, access or otherwise use the Services. Agency will, at its own expense, provide assistance to Flock, including, but not limited to, by means of access to, and use of, Agency facilities, as well as by means of assistance from Agency personnel, to the limited extent any of the foregoing may be reasonably necessary to enable Flock to perform its obligations hereunder, including, without limitation, any obligations with respect to Support Services or any Installation Services. 3.2 Agency Representations and Warranties. Agency represents, covenants, and warrants that Agency will use the Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of video, photo, or audio content. Although Flock has no obligation to monitor Agency ’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of the foregoing. 4. CONFIDENTIALITY; FOOTAGE; AGENCY DATA 4.1 Confidentiality. Flock has certain To the extent allowable by applicable FOIA and state-specific Public Records Acts, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical, or financial information relating to the Disclosing PartyFlock’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party). Flock’s Proprietary Information of Flock includes non-public information regarding features, functionality, and performance of the Services, as well as all Footage not requested or received for review by Agency. Flock has exclusive ownership and control over all Footage that is not Agency Data. Each Proprietary Information of Agency includes non-public data provided by Agency to Flock or collected by Flock via the Unit, including the Footage, to enable the provision of the Services, which includes but is not limited to geolocation information and environmental data collected by sensors built into the Units (“Agency Data”). The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the party takes with its own proprietary information, but in no event will a party apply less than reasonable precautions to protect such Proprietary Information, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. Flock’s use of the Proprietary Information may include processing the Proprietary Information to send Agency alerts, such as when a car exits Agency ’s neighborhood, or to analyze the data collected to identify motion or other events. The Disclosing Each Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party any Party can document (a) is or becomes generally available to the public, or (b) was in its possession or known by it prior to receipt from the Disclosing other Party, or (c) was rightfully disclosed to it without restriction by a third party, or (d) was independently developed without use of any Proprietary Information of the Disclosing Party. Nothing in this Agreement will prevent the Receiving any Party from disclosing the Proprietary Information pursuant to any judicial or governmental order or to otherwise comply with applicable law, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. A Party disclosing Proprietary Information pursuant to a judicial or governmental order to comply with applicable law shall give notice of the disclosure to the other Party. For clarity, Page 295 of 658 Flock may access, use, preserve and/or disclose the Footage to other law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation, or disclosure is reasonably necessary to: (a) comply with a legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or Page 296 of 658 otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Flock, its users, a third party, or the public as required or permitted by law, including to respond to an emergency situation. Agency hereby expressly grants Flock a non-exclusive, worldwide, perpetual, royalty-free right and license (during and after the term hereof) to disclose the Agency Data (inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to other law enforcement entities of competent jurisdiction on a similar basis to that which it provides access to Agency, for investigative purposes only. Flock may store deleted Footage in order to comply with certain legal obligations but such retained Footage will not be retrievable without a valid court order. 4.2 Footage and Agency Data.. As between Flock and Agency, all right, title and interest in the Footage belongs to and are retained solely by Flock. As between Flock and Agency, all right, title, and interest in the Agency Data, belong to and are retained solely by Agency. Agency hereby grants to Flock a limited, non-exclusive, royalty-free, worldwide license to use the Agency Data and perform all acts with respect to the Agency Data as may be necessary for Flock to provide the Flock Services to Agency, including without limitation the Support Services set forth in Section 2.9 above, and a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, fully paid license to use, reproduce, modify and distribute the Agency Data as a part of the Aggregated Data (as defined in Section 4.4 below).As between Agency and Non-Agency End Users that have prescribed access of Footage to Agency, each of Agency and Non-Agency End Users will share all right, title and interest in the Non-Agency End User Data. This Agreement does not by itself make any Non-Agency End User Data the sole property or the Proprietary Information of Agency. Flock will automatically delete Footage older than thirty (30)three hundred sixty-five (365) days. Agency has a thirty three hundred sixty-five (3065) day window to view, save, request, and/or transmit receive Footage, thereby rendering the Footage Agency Data, prior to such Footage’s unilateral deletion by Flock to the relevant government agency prior to its deletion. 4.3 Feedback. If Agency provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information reasonably relating to the subject matter hereunder, Agency hereby assigns (and will cause its agents and representatives to assign) to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing. 4.4 Aggregated Data. Notwithstanding anything in this Agreement to the contrary, Flock shall have the right to collect and analyze data that does not refer to or identify Agency or any individuals or de-identifies such data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Agency Data and data derived therefrom). For the sake of clarity, Aggregated Data is compiled anonymous data which has been stripped of any personal identifying information. Agency acknowledges that Flock will be compiling anonymized and/or aggregated data based on Agency Data input into the Services (the “Aggregated Data”). Agency hereby grants Flock a non- exclusive, worldwide, perpetual, royalty-free right and license (during and after the Service Term hereof) to (i) use and distribute such Aggregated Data to improve and enhance the Services and for other development, diagnostic and Page 297 of 658 corrective purposes, other Flock offerings, and crime prevention efforts, and (ii) disclose the Agency Data (both inclusive of any Footage) to enable law enforcement monitoring against law enforcement hotlists as well as provide Footage search access to law enforcement for investigative purposes only. No rights or licenses are granted except as expressly set forth herein. Flock shall not sell Agency Data or Aggregated Data. Page 298 of 658 5. PAYMENT OF FEES 5.1a Wing Fees. For Wing products, the Agency will pay Flock the first Usage Fee and the Implementation Fee (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following the Effective Date of this Agreement. Flock shall have no liability resulting from any delay by the Agency in installing the Embedded Software on the Agency Hardware. If applicable, Agency shall pay the ongoing Usage Fees set forth on the Order Form with such Usage Fees due and payable thirty (30) days in advance of each payment period. All payments will be made by either ACH, check, or credit card. 5.1b Falcon Fees. For Falcon products during the Initial Term, Agency will pay Flock fifty percent (50%) of the first Usage Fee, the Implementation Fee and any fee for Hardware (as described on the Order Form attached hereto, together the “Initial Fees”) as set forth on the Order Form on or before the 30th day following receipt of initial invoice after Effective Date. Upon commencement of installation, Flock will issue an invoice for twenty- five percent (25%) of the Initial Fees, and Agency shall pay on or before 30th day following receipt of invoice. Upon completion of installation, Flock will issue an invoice for the remaining balance and Agency shall pay on or before 30th day following receipt of final invoice. Flock is not obligated to commence the Installation Services unless and until the first payment has been made and shall have no liability resulting from any delay related thereto. For a Renewal Term, as defined below, Agency shall pay the entire invoice on or before the 30th day following receipt of invoice. 5.2 Changes to Fees. Flock reserves the right to change the fees or applicable charges and to institute new charges and fees at the end of the Initial Term or any Renewal Term, upon sixty (60) days’ notice prior to the end of such Initial Term or Renewal Term (as applicable) to Agency (which may be sent by email). If Agency believes that Flock has billed Agency incorrectly, Agency must contact Flock no later than sixty (60) days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Flock’s Agency support department. Agency acknowledges and agrees that a failure to contact Flock within this sixty (60) day period will serve as a waiver of any claim Agency may have had as a result of such billing error. 5.3 Invoicing, Late Fees; Taxes. Flock may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Flock thirty (30) days after the mailing date of the invoice. If Agency is a non-tax exempt entity, Agency shall be responsible for all taxes associated with Services other than U.S. taxes based on Flock’s net income. 6. TERM AND TERMINATION Page 299 of 658 6.1a Wing Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon execution of this Agreement. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 6.1b Falcon Term. Subject to earlier termination as provided below, the initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Initial Term”). The Term shall commence upon first installation and validation of a Unit. Following the Initial Term, unless otherwise indicated on the Order Form, this Agreement will automatically renew for successive renewal terms for the length set forth on the Order Form (each, a “Renewal Term”, and together with the Initial Term, the “Service Term”) unless either party gives the other party notice of non-renewal at least thirty (30) days prior to the end of the then-current term. 6.2 Termination for Convenience. At any time during the agreed upon Term, an Agency not fully satisfied with the service may self-elect to terminate this Agreement for convenience. Termination for convenience will result in a one- time fee of $500 per Flock Hardware. Upon termination for convenience, a refund will be provided for Falcon Cameras, prorated for any fees for the remaining Term length set forth previously. Agency will remain liable to pay the full outstanding fees for any Wing product on the effective date of termination of that Order Form. Flock will invoice, and Agency will pay, any unbilled fees and any unpaid fees covering the remainder of the term of that Order Form had it not been terminated. Termination for convenience of the Agreement by the Agency will be effective immediately. Flock will provide advanced written notice and remove all Flock Hardware at Flock’s own convenience, within a commercially reasonable period of time upon termination. 6.3 Termination. Notwithstanding the termination provisions in Section 2.4(b), in the event of any material breach of this Agreement, the non-breaching party may terminate this Agreement prior to the end of the Service Term by giving thirty (30) days prior written notice to the breaching party; provided, however, that this Agreement will not terminate if the breaching party has cured the breach prior to the expiration of such thirty (30) day period. Either party may terminate this Agreement, without notice, (i) upon the institution by or against the other party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other party's making an assignment for the benefit of creditors, or (iii) upon the other party's dissolution or ceasing to do business. Upon termination for Flock’s material breach, Flock will refund to Agency a pro-rata portion of the pre-paid fees for Services not received due to such termination. 6.5 No-Fee Term. For the Term of this Agreement, Flock will provide Agency with complimentary access to ‘hot- list’ alerts, which may include ‘hot tags’, stolen vehicles, Amber Alerts, etc. (“No-Fee Term”). In the event a Non- Agency End User grants Agency access to Footage and/or Notifications from a Non-Agency End User Unit, and Agency does not thereafter download or otherwise copy such Footage and/or Notifications onto its own storage Page 300 of 658 devices, Agency will have access to Non-Agency End User Footage and/or Notifications until deletion, subject to the thirty (30)three hundred sixty-five (365) day Page 301 of 658 retention policy. Non-Agency End Users and Flock may, in their sole discretion, leave access open. The No-Fee Term will survive the Term of this Agreement. Flock, in its sole discretion, can determine not to provide additional No-Fee Terms or can impose a price per No-Fee Term upon thirty (30) days’ notice. Agency may terminate any No- Fee Term or access to future No-Fee Terms upon thirty (30) days’ notice. 6.6 Survival. The following Sections will survive termination: 2.4, 2.5, 3, 4, 5 (with respect to any accrued rights to payment), 5.4, 6.5, 7.4, 8.1, 8.2, 8.3, 8.4, 9.1 and 10.5. 7. REMEDY; WARRANTY AND DISCLAIMER 7.1 Remedy. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Agency must notify Flock’s technical support as described in Section 2.9 above. If Flock is unable to correct the Defect, Flock shall, or shall instruct one of its contractors to repair or replace the Flock Hardware or Embedded Software suffering from the Defect. Flock reserves the right in their sole discretion to refuse or delay replacement or its choice of remedy for a Defect until after it has inspected and tested the affected Unit provided that such inspection and test shall occur within seventy-two (72) hours after Agency notifies the Flock of a known Defect. In the event of a Defect, Flock will repair or replace the defective Unit at no additional cost. In the event that a Unit is lost, stolen, or damaged, Agency may request that Flock replace the Unit at a fee according to the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule). Agency shall not be required to replace subsequently lost, damaged or stolen Units, however, Agency understands and agrees that functionality, including Footage, will be materially affected due to such subsequently lost, damaged or stolen Units and that Flock will have no liability to Agency regarding such affected functionality nor shall the Usage Fee or Implementation Fees owed be impacted. Flock is under no obligation to replace or repair Hardware. 7.2 Exclusions. Flock will is not obligated to provide the remedy described in Section 7.1 repair Hardware at its sole cost if Agency is found to have misused or damaged the Flock Hardware, Agency Hardware, or Embedded Software in any manneras a result of its sole negligence or malice, or that of its Authorized Users. 7.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services and repairs in a professional and workmanlike manner. Upon completion of any installation or repair, Flock shall clean and leave the area in as good or better condition than Flock found it. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third- party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. 7.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 7.1 ABOVE IS AGENCY ’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTIVE EMBEDDED SOFTWARE. THE FLOCK Page 302 of 658 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE Page 303 of 658 SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS THE DISCLAIMER OF IN THIS SECTION 7.4 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 10.65, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 7.5 Insurance. Flock will maintain insurance in line with the requirements of this Agreement commercial general liability policies with policy limits reasonably commensurate with the magnitude of Flock’s business risk. Certificates of Insurance can be provided upon request. 7.6 Force Majeure. Flock is not responsible nor liable for any delays or failures in performance from any cause beyond its control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, weather conditions or acts of hackers, internet service providers or any other third party or acts or omissions of Agency or any Authorized End User. 8. LIMITATION OF LIABILITY; NO FEE TERM; INDEMNITY 8.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, FLOCK AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL HARDWARE AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY, INCOMPLETENESS OR CORRUPTION OF DATA OR FOOTAGE OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND FLOCK’S ACTUAL KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE OR IDENTIFY AND/OR CORRELATE A LICENSE PLATE WITH THE FBI DATABASE; (D) FOR ANY PUBLIC DISCLOSURE OF PROPRIETARY INFORMATION MADE IN GOOD FAITH; (E) FOR CRIME PREVENTION; OR (F) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID AND/OR PAYABLE BY AGENCY TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE TWENTY-FOUR (1224) MONTHS PRIOR TO THE ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF AN Page 304 of 658 EMERGENCY, AGENCY SHOULD CONTACT 911 AND SHOULD NOT RELY ON THE SERVICES. THIS LIMITATION OF LIABILITY OF SECTION 8 ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF Page 305 of 658 THE STATE MENTIONED IN SECTION 10.65, OR IF NO STATE IS MENTIONED IN SECTION 10.6, BY THE LAW OF THE STATE OF GEORGIA. 8.2 Additional No-Fee Term Requirements. IN NO EVENT SHALL FLOCK’S AGGREGATE LIABILITY, IF ANY, ARISING OUT OF OR IN ANY WAY RELATED TO THE COMPLIMENTARY NO-FEE TERM AS DESCRIBED IN SECTION 6.5 EXCEED $100, WITHOUT REGARD TO WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. Parties acknowledge and agree that the essential purpose of this Section 8.2 is to allocate the risks under the No-Fee Term described in Section 6.5 and limit potential liability given the aforementioned complimentary service, which would have been substantially higher if Flock were to assume any further liability other than as set forth herein. Flock has relied on these limitations in determining whether to provide the complimentary No-Fee Term. The limitations set forth in this Section 8.2 shall not apply to claims or damages resulting from Flock’s other obligations under this Agreement. 8.3 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, deputies, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable (if at all) only for the torts of its own officers, agents, or employees that occur within the scope of their official duties. Agency will not pursue any claims or actions against Flock’s suppliers. 8.4 Indemnity. Agency hereby agrees to indemnify and hold harmless Flock against any damages, losses, liabilities, settlements and expenses in connection with any claim or action that arises from an alleged violation of Section 3.2, a breach of this Agreement, Agency’s Installation Obligations, Agency’s sharing of any data in connection with the Flock system, Flock employees or agent or Non-Agency End Users, or otherwise from Agency’s use of the Services, Flock Hardware, Agency Hardware and any Embedded Software, including any claim that such actions violate any applicable law or third party right. Although Flock has no obligation to monitor Agency’s use of the Services, Flock may do so and may prohibit any use of the Services it believes may be (or alleged to be) in violation of Section 3.2 or this Agreement. 9. RECORD RETENTION 9.1 Data Preservation. The Agency agrees to store Agency Data in compliance with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules. As part of Agency’s consideration for paid access and no-fee access to the Flock System, to the extent that Flock is required by local, state or federal law to preserve the Agency Data, Flock will notify Agency of the requirement and applicable retention period, and Agency agrees to preserve and securely store this data on Flock’s behalf so that should Flock be legally compelled by judicial or government order, Flock may retrieve the data from Agency upon demand. Page 306 of 658 10. MISCELLANEOUS 10.1 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. 10.2 Assignment. This Agreement is not assignable, transferable, or sublicensable by Agency except with Flock’s prior written consent. Flock may transfer and assign any of its rights and obligations, in whole or in part, under this Agreement without consent. 10.3 Entire Agreement. This Agreement, together with the Order Form(s), the then-current Reinstall Policy (https://www.flocksafety.com/reinstall-fee-schedule), and Deployment Plan(s), are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. None of Agency’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. 10.4 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Agency does not have any authority of any kind to bind Flock in any respect whatsoever. 10.5 Governing Law; Venue. This Agreement shall be governed by the laws of the State in which the Agency is located of California. The parties hereto agree that venue would be proper in the chosen courts of the State of which the Agency is located is proper in Riverside County. The parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement. Page 307 of 658 10.6 Publicity. Upon prior consent from Agency, Flock has the right to reference and use Agency’s name and trademarks and disclose the nature of the Services provided hereunder in each case in business and development and marketing efforts, including without limitation on Flock’s website. Agency has the right to reference and use Flock’s name and trademarks to disclose the nature of the Services provided hereunder in each case in business development and marketing efforts, including without limitation on Agency’s website. 10.7 Export. Agency may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign agency or authority. As defined in FAR section 2.101, the Services, the Hardware, the Embedded Software and Documentation are “commercial items” and according to DFAR section 252.2277014(a)(1) and (5) are deemed to be “commercial computer software” and “commercial computer software documentation.” Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement. This section shall not be construed to limit Agency’s ability to transmit particular Agency Data as reasonably necessary or as required by law. 10.8 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated Sections. 10.09 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the organizations and individuals they are representing. 10.10 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e- mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. Page 308 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Heather Horning, Assistant to the City Manager REQUEST: SUBMISSION OF A LETTER OF OPPOSITION FOR ASSEMBLY BILL 2011 REGARDING AFFORDABLE HOUSING AND HIGH ROAD JOBS ACT OF 2022. RECOMMENDATION: Approve the submission of a letter of opposition for Assembly Bill 2011 regarding Affordable Housing and High Road Jobs Act of 2022. BACKGROUND/ANALYSIS: The Planning and Zoning Law authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process and not subject to a conditional use permit if the development satisfies specified objective planning standards. This bill would make certain housing developments that meet specified affordability and site criteria and objective development standards a use by right within a zone where office, retail, or parking are a principally permitted use, and would subject these development projects to one of two streamlined, ministerial review processes. The bill would require a development proponent for a housing development project approved pursuant to the streamlined, ministerial review process to require, in contracts with construction contractors, that certain wage and labor standards will be met, including that all construction workers shall be paid at least the general prevailing rate of wages, as specified. Essentially, this bill would require nearly all cities to ministerially approve, without condition or discretion, certain affordable and mixed-use housing developments in areas of a city where office, retail, or parking are principally allowed regardless of any inconsistency with a local government’s general plan, specific plan, zoning ordinance, or regulation. The City Council approved Ordinance 1375 (a copy is attached for reference) requiring development proponents to conduct public outreach early in the development process for projects for projects of 5 acres or more. This bill would eliminate this requirement for certain housing developments. For these reasons, staff recommends submitting a letter of opposition for this bill. A letter of opposition for Council consideration can be found as Attachment 1. If approved, the attached letter will be submitted to the appropriate legislators. For more information, a recent bill analysis provided to the Assembly Committee on Housing and Community Development can be found as Attachment 2. Page 309 of 658 City of Palm Desert Letter of Opposition for AB 2011 Page 2 of 2 FINANCIAL IMPACT: There is no fiscal impact associated with this action. REVIEWED BY: Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Draft Letter 2. Bill Analysis 3. Ordinance 1375 Page 310 of 658 June 9, 2022 The Honorable Buffy Wicks Chair, Assembly Committee on Housing and Community Development 1020 N Street, Suite 156 Sacramento, CA 95814 Re: AB 2011 (Wicks) Affordable Housing and High Road Jobs Act of 2022 Notice of Opposition (As amended 4/18/2022) Dear Assembly Member Wicks: The City of Palm Desert writes to oppose your measure AB 2011, which would require cities to ministerially approve, without condition or discretion, certain affordable housing and mixed-use housing developments in zones where office, retail, or parking are a principally permitted use regardless of any inconsistency with a local government’s general plan, specific plan, zoning ordinance, or regulation. Housing affordability and homelessness are among the most critical issues facing California cities. Affordably priced homes are out of reach for many people, and housing is not being built fast enough to meet the current or projected needs of people living in the state. Cities lay the essential groundwork for housing production through planning and zoning new projects in their communities based on extensive public input and engagement, state housing laws, and the needs of the building industry. Importantly, cities are currently updating housing plans to identify sites for more than two million additional housing units. AB 2011 disregards this state-mandated local planning effort and forces cities to allow housing developments in nearly all areas of a city. This seriously questions the rationale for the regional housing needs allocation (RHNA) process. If developers can build housing in office, retail, and parking areas, why should cities go through the multiyear planning process to identify sites suitable for new housing units, only to have those plans ignored and housing built on sites never considered for new housing? Eliminating opportunities for public review of housing developments goes against the principles of transparency and public engagement. The City of Palm Desert has adopted an ordinance requiring housing developers with projects of 5 acres of more to conduct public outreach meetings and engage the public early in the development process. Three projects have successfully gone through this process and it generated great community conversations and feedback and resulted in better projects. “Streamlining” in the context of AB 2011 would eliminate this requirement and is a shortcut around public input. While it may be frustrating for some developers to address neighborhood concerns about traffic, parking, and other development impacts, those directly affected by such projects should be heard. Public engagement often leads to better projects. Disregarding community input will increase public distrust in government and may result in additional efforts by voters to restrict growth. The City of Palm Desert is committed to being part of the solution to the housing shortfall across all income levels and will work collaboratively with you and other stakeholders on legislative Page 311 of 658 proposals that will spur much needed housing construction without disregarding the state- mandated local planning process and important public engagement. For these reasons, the City of Palm Desert opposes AB 2011. Please do not hesitate to contact Heather Horning, Assistant to the City Manager, at 760-776-6454 or hhorning@cityofpalmdesert.org with any questions. Sincerely, Jan C. Harnik Mayor City of Palm Desert CC: Senator Melissa A. Melendez Assembly Member Chad Mayes Erin Sasse, Riverside Regional Public Affairs Manager (via email: esasse@calcities.org) League of California Cities (via email: cityletters@calcities.org) Page 312 of 658 AB 2011 Page 1 Date of Hearing: April 27, 2022 ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT Buffy Wicks, Chair AB 2011 (Wicks) – As Amended April 18, 2022 SUBJECT: Affordable Housing and High Road Jobs Act of 2022 SUMMARY: Establishes the Affordable Housing and High Road Jobs Act of 2022 (Act), to create a ministerial, streamlined approval process for 100 percent affordable housing in commercially-zoned areas and for mixed-income housing along commercial corridors. Specifically, this bill: 1) Affordable Housing: Allows 100 percent affordable housing projects to be a use by right, and subject to a streamlined, ministerial review process, notwithstanding any inconsistent provision of a local government’s plans, ordinances, or regulations, if it meets all of the following provisions: a) Affordability provisions: i. One hundred percent of the units within the development project, excluding managers’ units, are dedicated to lower income households at an affordable rent or, as for-sale homes, an affordable cost; and ii. The units must be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units. b) Location provisions: i. It is within a zone where office, retail, or parking are a principally permitted use; ii. It is located on a legal parcel or parcels that are located either: A. Within a city where the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau; or B. In an unincorporated area, and the legal parcel or parcels are wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau. iii. At least 75 percent of the site perimeter adjoins parcels that are developed with urban uses, as specified; iv. It is not adjacent to any site where more than two-thirds of the square footage on the site is dedicated to industrial use, as specified; v. It is not on environmentally unsafe or sensitive areas, as specified, such as wetlands, a high or very high fire severity zone unless the site has adopted fire hazard mitigation measures required by existing building standards, a hazardous waste site, an earthquake fault zone, a flood plain or floodway, lands identified for conservation in Page 313 of 658 AB 2011 Page 2 an adopted natural community conservation plan, and lands under conservation easement; and vi. It is not an existing parcel of land or site that is governed under the Mobilehome Residency Law, the Recreational Vehicle Park Occupancy Law, the Mobilehome Parks Act, or the Special Occupancy Parks Act. c) Objective Design Standards: i. It is a multifamily housing project; ii. At least 67 percent of the square footage of the new construction associated with the project is designated for residential use; iii. The residential density will meet or exceed the applicable density deemed appropriate to accommodate housing for lower income households in that jurisdiction as specified in Housing Element Law. Generally, that density is 30 units per acre in urban areas, 20 units per acre in suburban areas, and 10 units per acre in rural areas; iv. It meets the applicable objective zoning standards, objective subdivision standards, and objective design review standards, as specified, for the zone that allows residential use at a greater density between the following: A. The existing zoning designation for the parcel; and B. The closest parcel that allows residential use at a density that meets the density requirements described above, in iii. v. The applicable standards are those in effect at the time that the development is submitted to the local government; and vi. The applicable standards must not preclude any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to Density Bonus Law. d) Labor Provisions: i. A proponent of a development project approved pursuant to the provisions of this bill must require, in contracts with construction contractors, that all of the labor provisions of this bill’s standards will be met in project construction. The proponent must certify this to the local government; ii. A development that is not in its entirety a public work, as specified, must be subject to all of the following wage provisions: A. All construction workers employed in the execution of the development must be paid at least the general prevailing rate of per diem wages for the type of work and geographic area, as specified, except that apprentices registered in programs approved by the Chief of the Division of Apprenticeship Standards may be paid at least the applicable apprentice prevailing rate; Page 314 of 658 AB 2011 Page 3 B. The development proponent must ensure that the prevailing wage requirement is included in all contracts for the performance of the work for those portions of the development that are not a public work; and C. All contractors and subcontractors for those portions of the development that are not a public work must maintain and verify payroll records, as specified, and make those records available for inspection and copying. This requirement does not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. iii. The obligation of the contractors and subcontractors to pay prevailing wages pursuant to this bill are subject to the following enforcement provisions: A. They may be enforced by the any of the following: 1. The Labor Commissioner through the issuance of a civil wage and penalty assessment, as specified, within 18 months after the completion of the development; 2. An underpaid worker through an administrative complaint or civil action; and 3. A joint labor-management committee through a civil action, as specified. B. If a civil wage and penalty assessment is issued pursuant to this section, the contractor, subcontractor, and surety on a bond or bonds issued to secure the payment of wages covered by the assessment shall be liable for liquidated damages, as specified; and C. These enforcement provisions do not apply if all contractors and subcontractors performing work on the development are subject to a project labor agreement that requires the payment of prevailing wages to all construction workers employed in the execution of the development and provides for enforcement of that obligation through an arbitration procedure. iv. The requirement that the employer pay prevailing wages does not apply to those portions of development that are not a public work if otherwise provided in a bona fide collective bargaining agreement covering the worker; v. For a development of 50 or more housing units, the development proponent must require in contracts with construction contractors, and must certify to the local government, that each contractor of any tier who will employ construction craft employees or will let subcontracts for at least 1,000 hours must ensure all of the following: A. A contractor with construction craft employees must either participate in an apprenticeship program approved by the State of California Division of Apprenticeship Standards, as specified, or request the dispatch of apprentices Page 315 of 658 AB 2011 Page 4 from a state-approved apprenticeship program, as specified. A contractor without construction craft employees must show a contractual obligation that its subcontractors meet these requirements. B. Each contractor with construction craft employees must make health care expenditures for each employee, as specified. A contractor without construction craft employees must show a contractual obligation that its subcontractors comply with this requirement. Qualifying expenditures are credited toward compliance with prevailing wage payment requirements. C. A construction contractor is deemed in compliance with the requirements of A and B, above, if it is signatory to a valid collective bargaining agreement that requires utilization of registered apprentices and expenditures on health care for employees and dependents. D. The development proponent is subject to the following reporting requirements: 1. They must provide to the local government, on a monthly basis while its construction contracts on the development are being performed, a report demonstrating compliance with the requirements of A and B, above. The reports are considered public records under the California Public Records Act; 2. A development proponent that fails to provide the monthly report is subject to a civil penalty for each month for which the report has not been provided, in the amount of 10 percent of the dollar value of construction work performed by that contractor on the development in the month in question, up to a maximum of $10,000; 3. Any contractor or subcontractor that fails to comply with the requirements in A and B, above, are subject to a civil penalty of $200 per day for each worker employed in contravention of those requirements; and 4. Penalties may be assessed by the Labor Commissioner within 18 months of completion of the development using the procedures for issuance of civil wage and penalty assessments, as specified. Penalties must be deposited in the State Public Works Enforcement Fund, as specified. E. Each construction contractor is subject to the following requirements: 1. Each construction contractor must maintain and verify payroll records, as specified. Each construction contractor must submit payroll records directly to the Labor Commissioner at least monthly in a format prescribed by the Labor Commissioner, as specified. The records must include a statement of fringe benefits. Upon request by a joint labor-management cooperation committee, the records must be provided, as specified; 2. All construction contractors must report any change in apprenticeship program participation or health care expenditures to the local government within 10 business days, and must reflect those changes on the monthly report. Page 316 of 658 AB 2011 Page 5 The reports are considered public records pursuant to the California Public Records Act and all open to public inspection; and 3. A joint labor-management cooperation committee has standing to sue a construction contractor for failure to make health care expenditures pursuant to B., above, as specified. 2) Mixed-Income Housing: Allows mixed-income housing projects to be a use by right, and subject to a streamlined, ministerial review process, notwithstanding any inconsistent provision of a local government’s plans, ordinances, or regulations, if it meets all of the following provisions: a) Affordability provisions: i. A rental housing development must have a recorded deed restriction that ensures, at a minimum, that for a period of 55 years, 15 percent of the units shall be set at an affordable rent to lower income households; ii. An owner-occupied housing development must have a recorded deed restriction that ensures, at a minimum, either of the following affordability criteria for a period of 45 years: A. Thirty percent of the units must be offered at an affordable housing cost to moderate-income households; or B. Fifteen percent of the units must be offered at an affordable housing cost to lower income households. iii. If the amount of affordable housing required by a local inclusionary housing ordinance exceeds that of this section, then the project must abide by the local inclusionary housing ordinance. b) Location provisions: i. The project site meets all of the locational provisions for 100 percent affordable housing projects, as described above; ii. The project site abuts a commercial corridor, which is a road that is not a freeway that has a right-of-way of at least 70 and not greater than 150 feet; iii. The project site has a frontage along the commercial corridor of a minimum of 50 feet; iv. The project site is not greater than 20 acres; v. The development would not require the demolition of: A. Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income; B. Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power; Page 317 of 658 AB 2011 Page 6 C. Housing that has been occupied by tenants within the past 10 years, excluding any manager’s units. This provision includes sites previously used for housing that were occupied by tenants, excluding any manager’s units, that was demolished within 10 years before the development proponent submits an application pursuant to this bill; and D. A historic structure that was placed on a national, state, or local historic register. vi. The property does not contain housing units that are occupied by tenants, and units at the property are, or were, subsequently offered for sale to the general public by the subdivider or subsequent owner of the property. c) Objective Design Standards: i. It is a multifamily housing project; ii. At least 67 percent of the square footage of the new construction associated with the project is designated for residential use; iii. The residential density for the development is determined as follows: A. In a metropolitan jurisdiction, as specified, the residential density for the development must meet or exceed the greater of the following: 1. The residential density allowed on the parcel by the local government; 2. For sites on a commercial corridor of less than 100 feet in width, 40 units per acre; 3. For sites on a commercial corridor of 100 feet in width or greater, 60 units per acre; 4. Notwithstanding 2. and 3. above, for sites within one-half mile of a major transit stop, 80 units per acre. B. In a jurisdiction that is not a metropolitan jurisdiction, as specified, the residential density for the development must meet or exceed the greater of the following: 1. The residential density allowed on the parcel by the local government; 2. For sites on a commercial corridor of less than 100 feet in width, 30 units per acre; 3. For sites on a commercial corridor of 100 feet in width or greater, 50 units per acre; and 4. Notwithstanding 2. and 3. above, for sites within one-half mile of a major transit stop, 70 units per acre. iv. The height limit applicable to the housing development must be the greater of the following: Page 318 of 658 AB 2011 Page 7 A. The height allowed on the parcel by the local government; B. For sites on a commercial corridor of less than 100 feet in width, 35 feet; C. For sites on a commercial corridor of 110 feet in width or greater, 45 feet; D. Notwithstanding B. and C. above, for sites within one-half mile of a major transit stop, 65 feet. v. The property meets the following setback standards: A. For the portion of the property that fronts a commercial corridor, the following must occur: 1. No setbacks can be required; 2. All parking must be set back at least 25 feet; and 3. On the ground floor, the development must abut within 10 feet of the property line for at least 80 percent of the frontage. B. For the portion of the property that fronts a side street, which is a road that is not a freeway that has a right-of-way of at least 25 and fewer than 70 feet, the development must abut within 10 feet of the property line for at least 60 percent of the frontage; C. When the property line of a development site abuts a single-family property, as specified, the following must occur: 1. The ground floor of the development project must be set back at 10 feet from the single-family property. The amount required to be set back may be decreased by the local government; and 2. Starting with the third floor of the property, each subsequent floor of the development project must be stepped back from the single-family property in an amount equal to five feet multiplied by the floor number. The amount required to be stepped back may be decreased by the local government. D. When the property line of a development site abuts a property that is not a single- family property, starting with the third floor of the property, each subsequent floor of the development project must be stepped back from the other property in an amount equal to five feet multiplied by the floor number. The amount required to be stepped back may be decreased by the local government. vi. No parking can be required, except that this bill does not reduce, eliminate, or preclude the enforcement of any requirement to provide bicycle parking, electric vehicle supply equipment installed parking spaces, or parking spaces that are accessible to persons with disabilities that would have otherwise applied to the development; Page 319 of 658 AB 2011 Page 8 vii. It meets the applicable objective zoning standards, objective subdivision standards, and objective design review standards, as specified, for the zone that allows residential use at the residential density determined pursuant to iii, above. If no zone exists that allows such a residential density, the applicable standards are those for the zone that allows the greatest density within the city, county, or city and county; viii. The applicable standards are those in effect at the time that the development is submitted to the local government; and ix. The applicable standards must not preclude any additional density or any other concessions, incentives, or waivers of development standards granted pursuant to Density Bonus Law. d) Labor Provisions: Same as required for 100 percent affordable projects, as described above. 3) Local review process: For both 100 percent affordable housing and mixed-income housing projects, the following local review process applies: a) The local government’s determination of whether the proposed development is in conflict with any of the objective planning standards specified by this bill must occur as follows: i. If the local government determines that the proposed development is in conflict with any of the objective planning standards specified by this bill, it must provide the development proponent written documentation of which standard or standards the development conflicts with, and an explanation for the reason or reasons the development conflicts with that standard or standards, within the following timeframes: A. Within 60 days of submittal of the development proposal to the local government if the development contains 150 or fewer housing units; and B. Within 90 days of submittal of the development proposal to the local government if the development contains more than 150 housing units. ii. If the local government fails to provide the required documentation, the development satisfies the required objective planning standards. iii. For purposes of this bill, a development is consistent with the objective planning standards if there is substantial evidence that would allow a reasonable person to conclude that the development is consistent with the objective planning standards. iv. The determination of whether a proposed project submitted pursuant to this section is or is not in conflict with the objective planning standards is not a “project” pursuant to the California Environmental Quality Act (CEQA). b) Design review of the development may be conducted by the local government’s planning commission or any equivalent board or commission responsible for review and approval of development projects, or the city council or board of supervisors, as follows: i. It must be objective; Page 320 of 658 AB 2011 Page 9 ii. It must be strictly focused on assessing compliance with criteria required for streamlined, ministerial review of projects, as well as any reasonable objective design standards published and adopted by ordinance or resolution by a local jurisdiction before submittal of the development to the local government; iii. It must be broadly applicable to developments within the jurisdiction; iv. It must not in any way inhibit, chill, or preclude the ministerial approval provided by this bill; and v. It must be completed within the following timeframes: A. Within 90 days of submittal of the development proposal to the local government pursuant to this section if the development contains 150 or fewer housing units; and B. Within 180 days of submittal of the development proposal to the local government pursuant to this section if the development contains more than 150 housing units. c) In addition to the demolition protections specified for mixed-income housing projects in 2)b)v. above, the local government must ensure that the project does not result in the demolition of any units unless the new project results in an least an equal number of overall units and units dedicated to lower income households, as specified; d) If the development is consistent with all objective subdivision standards in the local subdivision ordinance, an application for a subdivision pursuant to the Subdivision Map Act is exempt from the requirements of CEQA; e) A local government’s approval of a development pursuant to this section is subject to the following expiration timeframes: i. For projects that include public investment in housing affordability, beyond tax credits, and at least 50 percent of the units are affordable to households making at or below 80 percent of the area median income, then the approval cannot expire; and ii. For all other projects, the approval expires in three years, as specified. f) If a project approved pursuant to this bill proposed modifications, and the local government has not issued the final building permit required for construction of the development, then the local government must review the modifications within specified timeframes and approve the modification if they meet specified criteria; g) A local government must not adopt or impose any requirement, including, but not limited to, increased fees or inclusionary housing requirements, that applies to a project solely or partially on the basis that the project is eligible to receive streamlined, ministerial review pursuant to this bill; h) A local government must issue a subsequent permit required for a development approved pursuant to the provisions of this bill if the application substantially complies with the development as it was approved, as specified; and Page 321 of 658 AB 2011 Page 10 i) If a public improvement is necessary to implement a development that is approved pursuant to the provisions of this bill, to the extent that the public improvement requires approval from the local government, the local government must not exercise its discretion over any approval relating to the public improvement in a manner that would inhibit, chill, or preclude the development, as specified. 4) State Implementation: The Department of Housing and Community Development (HCD) may review, adopt, amend, and repeal guidelines to implement uniform standards or criteria that supplement or clarify the terms, references, or standards set forth by this bill. Any such guidelines or terms adopted are not subject to the Administrative Procedure Act. 5) Severability: The provisions of this bill are severable, as specified. 6) Provides that no reimbursement is required by this Act for certain costs that may be incurred by a local agency or school district because, in that regard, this Act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, as specified, or changes the definition of a crime, as specified. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs must be made, as specified. EXISTING LAW: 1) Establishes, pursuant to SB 35 (Wiener, Chapter 366, Statutes of 2017), a streamlined, ministerial approval process, not subject to CEQA, for certain infill multifamily affordable housing projects proposed in local jurisdictions that have not met their regional housing needs allocation (RHNA), as follows: a) Requires developments of 11 units or more to meet affordability requirements, as follows: i. In jurisdictions that have not met their targets for lower income or above moderate- income housing, 10 percent of the units must be affordable to lower income households; and ii. In jurisdictions that have met their targets for above moderate-income housing but not lower income housing, 50 percent of the units must be affordable to lower income households. b) Requires developments of 11 units or more to meet labor requirements, including provision of prevailing wage for all projects, and utilization of a skilled and trained workforce for projects that are not providing 100 percent publicly-subsidized housing; c) Prohibits utilization of the streamlined, ministerial approval process in environmentally unsafe or sensitive areas, such as a coastal zone, wetlands, a high or very high fire severity zone unless the site has adopted fire hazard mitigation measures required by existing building standards, a hazardous waste site, an earthquake fault zone, a flood plain or floodway, lands identified for conservation in an adopted natural community conservation plan, and lands under conservation easement; Page 322 of 658 AB 2011 Page 11 d) Prohibits demolition of existing housing as specified, including housing that is subject to a deed restriction or that is currently rented by a tenant, or has been rented by a tenant within the past 10 years; e) Enables local governments to apply objective design standards to the project, as long as such standards do not in any way inhibit, chill, or preclude the ministerial approval of the project; f) Establishes specified timelines for the local government to act to determine that the project conforms with the requirements of this bill and to apply design review; and g) Requires the local government to comply with requirements regarding proposed modifications to the project, subsequent applications affiliated with the project, and implementation of public improvements necessitated by the project (Government Code Section 65913.4). 2) Establishes the default zoning densities to determine whether a site is adequately zoned for lower income housing. Generally, these densities are: a) 30 units per acre in jurisdictions in metropolitan counties, as specified; b) 20 units per acre in suburban jurisdictions, as specified; c) 15 units per acre in cities within non-metropolitan counties and nonmetropolitan counties with metropolitan areas, as specified; and d) 10 units per acre in unincorporated areas in all non-metropolitan counties not included in the 15 units per acre category, as specified (Government Code Section 65583.2). 3) Establishes Employment Regulation and Supervision Law (Labor Code Sections 200 – 2699.8), including the following: a) Defining a public work as construction, alteration, demolition, installation, or repair work done under contract and paid for in whole or in part out of public funds, as specified (Labor Code Section 1720); b) Establishes a process for the Director of Industrial Relations to determine the prevailing wage (Labor Code Section 1773.9); c) Establishes the provisions for apprenticeship programs (Labor Code Section 1777.5); d) Specifies the abilities of the Labor Commissioner to enforce labor laws (Labor Code Section 1741 and 1742); and e) Establishes a process for employers to maintain and verify payroll records and submit them to the Labor Commissioner (Labor Code Sections 1771.4 and 1776). FISCAL EFFECT: Unknown COMMENTS: Page 323 of 658 AB 2011 Page 12 Author’s Statement: According to the author, “This bill combines some of the best ideas advanced in the Legislature over the last several years for promoting affordable housing development with a requirement to create ‘high road’ jobs. To effectively take on our state’s housing issues, I firmly believe we need to do both. This legislation gives us all the opportunity to work together toward our shared goal: Building more affordable housing for struggling Californians, while also growing the thriving, high-wage construction workforce every community needs.” California’s Housing Crisis: California is in the midst of a housing crisis. Only 24 percent of households can afford to purchase the median priced single-family home – 50 percent less than the national average, and 33 percent less than at the start of the pandemic.1 Over half of renters – and 80 percent of low-income renters – are “rent burdened,” in households paying more than 30 percent of their income toward housing, which means they have less to pay for other essentials such as food, transportation, and health care.2 In 2020, over 160,000 Californians experienced homelessness on a given night.3 Californians rank housing affordability and homelessness as the two most important issues for the state to address.4 A major cause of our housing crisis is the mismatch between the supply of housing and the need for housing. While there are various estimates of the size of this mismatch, they all concur that the deficit is in the millions of units. The Statewide Housing Plan adopted by HCD earlier this year, determined that, to address this mismatch, in the next eight years, California needs approximately 2.5 million units of housing, including one million units affordable to lower income households.5 That would require production of over 300,000 units a year. According to HCD, the state needs 180,000 units of housing built a year to keep up with demand – including about 80,000 units of housing affordable to lower-income households. By contrast, production in the past decade has been under 100,000 units per year – including less than 10,000 units of affordable housing.6 This underproduction has further exacerbated our longstanding housing crisis. Reasons for the Housing Crisis: There are myriad reasons that supply has not kept pace with demand. First, the demand for housing has been strong for decades, as California has been an attractive place to move because of its economic opportunities, social opportunities, and high quality natural amenities. The result is that the population growth in California in the past 50 years has been 20 million people – a figure that on its own would exceed the total population of all but two other states. Second, there are limited places to build. California’s topography – particularly the coastal mountain ranges – limit the places that are feasible to build. This means that newly developed areas have to be further from existing cities, unlike in places with less topographical constraints, like Texas. 1 California Association of Realtors Housing Affordability Index. Data for the 3rd quarter of 2021. 2 HCD, California Statewide Housing Plan, February 2018, Table 1.2 3 The 2020 Annual Homeless Assessment Report (AHAR) to Congress (huduser.gov) 4 UC Berkeley’s Institute of Governmental Studies, April 2022: https://escholarship.org/uc/item/7sn293xs 5 Data from Roadmap Home 2030, California Housing Partnership Corporation and Housing California, 2021. 6 https://www.hcd.ca.gov/policy-research/housing-challenges.shtml Page 324 of 658 AB 2011 Page 13 Third, local governments have made it difficult to build housing – particularly dense, multi- family housing. This is due to a combination of general resistance to new housing from existing residents and a post-Prop 13 landscape where municipal finances are better served through commercial development than residential. The result is that multifamily housing is illegal to build in most of the state – in two-thirds of jurisdictions, multifamily housing is allowed on less than 25 percent of land.7 Fourth, in most jurisdictions, the process to approve new housing is arduous, unpredictable, and expensive. It often requires multiple levels of approval from local governments, and navigation of an environmental review process that greatly empowers opponents of new housing. Finally, housing is very expensive to build, requiring access to substantial financing to cover the costs of materials and labor. At certain moments – particularly during the 2008-2010 Great Recession – the lack of access to private financing killed or delayed many potential housing projects. Public financing for affordable housing is also insufficient to meet the demand – despite substantial increases in the past three years. Material costs have also risen, particularly given the global supply chain uncertainties exacerbated by the COVID-19 pandemic. Finally, and as will be discussed in greater detail below, the deficit of skilled construction workers and supervision has resulted in lengthened construction schedules and increased costs.8 Recent State Efforts to Address the Housing Crisis: In the past several years, the state has taken a series of steps to facilitate new housing and help address the housing crisis. These include polices such as allowing accessory dwelling units by right,9 reforming single family zoning,10 and reforming the process local governments use to determine how much, where, and how to plan for housing. 11 The state has also enacted measures to expedite the approval of affordable housing. This includes measures to make supportive housing a by right use,12 and make affordable and market-rate housing by right in jurisdictions where housing production is below identified targets.13 This also includes measures to regulate and normalize the housing approval process,14 and limit the ability of local governments to deny, delay, or diminish projects that otherwise meet all of local objective standards.15 In addition to the land use policies detailed above, the state has substantially increased its investment in affordable housing in the past three years, including $10 billion in the 2021-22 budget and a proposed $12 billion in the 2022-23 budget. This increased investment has enabled 7 UC Berkeley Terner Center, Land Use in California, 2019: https://californialanduse.org 8 UC Berkeley Terner Center, Perspectives: Practitioners Weigh in on Drivers of Rising Housing Construction Costs in San Francisco, 2018: https://ternercenter.berkeley.edu/wp - content/uploads/2020/08/San_Francisco_Construction_Cost_Brief_-_Terner_Center_January_2018.pdf 9 AB 2299 (Bloom), Chapter 735, Statutes of 2016 and SB 1069 (Wieckowski), Chapter 720, Statutes of 2016. 10 SB 9 (Atkins), Chapter 162, Statutes of 2021. 11 This includes many bills, including AB 72 (Santiago), Chapter 370, Statutes of 2017, AB 1397 (Low), Chapter 375, Statutes of 2017, SB 166 (Skinner), Chapter 367, Statutes of 2017, AB 686 (Santiago) Chapter 958, Statutes of 2018, AB 1771 (Bloom) Chapter 989, Statutes of 2018, and SB 828 (Wiener), Chapter 974, Statutes of 2018. 12 AB 2162 (Chiu), Chapter 753, Statutes of 2018. 13 SB 35 (Wiener), Chapter 366, Statutes of 2017. 14 SB 330 (Skinner), Chapter 654, Statutes of 2019. 15 AB 1515 (Daly), Chapter 378, Statutes of 2017, and SB 167 (Skinner), Chapter 368, Statutes of 2017. Page 325 of 658 AB 2011 Page 14 the state to nearly double its production of publicly subsidized affordable housing from 2018 to 2020.16 Increasing the Affordability of Housing through the Affordable Housing and High Road Jobs Act of 2022: This bill, the Affordable Housing and High Road Jobs Act of 2022, is intended to build on and greatly accelerate the recent efforts by the state to facilitate the construction of more affordable housing. It would allow do so as follows: Approval process: This bill would require housing to be “by right” if it conforms to the provisions below regarding affordability, location, objective standards, and labor. In being by right, it would not be subject to a local government’s discretionary approval process and would be exempt from the California Environmental Quality Act. Local governments would be able to apply objective standards and design review processes as long as they do not conflict with the provisions in the bill and do not preclude development of the housing. Affordability requirements: This bill would require at least 15 percent of new units be affordable to lower-income households, generally defined as those making 80 percent of the area median income (AMI) or less. Affordable units would be subject to a recorded deed restriction for a period of 55 years for rental units and 45 years for owner-occupied units. Mixed-income, for-sale projects could, alternatively, provide least 30 percent of the units at affordable levels to moderate-income households (generally defined as those making between 80-120 percent AMI). The option for a for-sale project to direct 30 percent of its units to moderate-income households could result in a substantial increase in homeownership opportunities for that demographic. Location requirements: This bill facilitates the development of two kinds of housing – 100-percent affordable housing, and mixed-income housing. To qualify to utilize the by right provisions of this bill, both kinds of housing projects must be located in zones where office, retail, or parking are a principally permitted use. Mixed-income housing projects would be limited to sites that abut a “commercial corridor,” which is a local road with a right-of-way of 70 to 150 feet (generally, four to six lanes). These commercial corridors are typically the location of strip retail centers and parking lots. Directing new development along these existing thoroughfares can facilitate transit use and other non-vehicular modes of transportation. By allowing housing in zones where residential development may not currently be permitted, this bill expands the potential sites where housing can be developed, while directing development away from existing residential neighborhoods – in particular, existing single-family neighborhoods. This bill includes provisions that would preclude development on environmentally unsafe or sensitive area, per previously established objective standards. It would also require development 16 HCD’s APR Dashboard: https://www.hcd.ca.gov/apr-data-dashboard-and-downloads Page 326 of 658 AB 2011 Page 15 to occur within infill areas, which would help reduce commutes and, commensurately, greenhouse gas emissions. To protect existing communities, projects would not be allowed to demolish existing housing, with the exception of housing that is owner-occupied by a higher income household that chooses to sell their property to enable a development of greater density. Additionally, the development could not lead to the demolition of a historic structure. Objective Standards: To utilize the by right provisions of this bill, housing projects would need to meet the objective standards specified in the bill. All projects would need to be multi-family projects where no more than one-third of the space can be for a non-residential use. For 100-percent affordable projects, the residential density would need to meet or exceed the density considered geographically appropriate for affordable housing projects in Housing Element Law. Generally, that density is 30 units per acre in urban areas, 20 units per acre in suburban areas, and 10 units per acre in rural areas. 17 The site must otherwise meet the local government’s height limits, objective zoning standards, and objective design review standards. Mixed-income housing projects would need to meet or exceed the density and height standards in the table below. These standards are distinguished by the type of community, width of the commercial corridor, and proximity to transit. 18 The local government may allow higher densities and height limits at their discretion. Location Metropolitan Jurisdiction Non-Metropolitan Jurisdiction Minimum Project Density Minimum Project Height Minimum Project Density Minimum Project Height Commercial corridor with a width of 70’ to 100’ 40 units/acre 35 feet 30 units/acre 35 feet Commercial corridor with a width of 100’ to 150’ 60 units/acre 45 feet 50 units/acre 45 feet Commercial corridor within ½ mile of a major transit stop 80 units/acre 65 feet 70 units/acre 65 feet Mixed-income projects must meet specified setback standards regarding any frontages along the commercial corridor, any side street, and rear property lines. These setback standards are designed to focus the development along the commercial corridors, and away from the rear of the property. 17 To understand how these requirements apply by jurisdiction, see HCD’s Analysis of Sites and Zoning webpage, in the table entitled “Default Densities Appropriate to Accommodate Housing for Lower -Income Households by Region”: https://www.hcd.ca.gov/community-development/building-blocks/site-inventory-analysis/analysis-of-sites- and-zoning.shtml 18 Ibid Page 327 of 658 AB 2011 Page 16 The bill does not allow a local government to require parking for mixed-income projects, except that projects must meet requirements around accessible parking for people with disabilities, electric vehicle parking spaces, and bicycle parking. Developers would be allowed to determine the amount of parking needed to meet the demands of the new residents. California’s Construction Workforce Deficit: While the construction of 300,000 units a year may be difficult to conceive, it was a reality not that long ago. During California’s post-World War II boom, approximately 300,000 units were built per year.19 Between 1975 – 1990, nearly 200,000 units were built a year.20 That number is now less than 100,000 units a year. As discussed above, there are numerous reasons for the sharp decline in housing production. These reasons alone could have led to a reduction in the construction workforce. But, in addition, the 2008 Great Recession, led to a steep decline in the workforce as construction ceased and workers moved to others states to find jobs. There are now just over 100,000 residential construction workers in the state.21 The remaining workforce has also been deskilled, due to a sharp decline in the pay and benefits associated with homebuilding jobs. The construction workforce used to produce 1.4 units per worker per year but has been below 1.0 units per worker per year for the past 15 years.22 Not only is the workforce smaller and less skilled than it needs to be, it is not necessarily well positioned for growth, as it is difficult to attract new workers. The work is physically demanding and can require odd and long hours, both at work and commuting to work. It can be economically challenging as well, as construction work is seasonal and vulnerable to economic downturns, with workers face twice the earnings volatility.23 The pay and benefits are often not attractive enough to overcome those risks, as residential construction workers earn 24 percent less per year than other jobs, and less than half have health insurance coverage at work.24 A significant number of workers are misclassified as independent contractors, which reduces their earnings by about a third.25 Wage theft is an even more substantial issue, as paying workers off the books is a common practice in construction, resulting in those workers having their earnings reduced in half.26 Finally, the traditional pathways to the construction workforce have been eroded – high schools have less vocational training courses, federal policy has restricted the influx of new immigrants, and high housing costs dissuade workers from moving to California from other states. Rebuilding the Residential Workforce through the Affordable Housing and High Road Jobs Act of 2022: This bill would make it easier to build housing, ensures that the workers who build 19 State Building and Construction Trades Council, Housing on the High Road, 2019, as summarized here: https://norcalapa.org/2019/03/taking-the-high-road-to-fix-californias-broken-housing-production-system/ 20 Ibid 21 Ibid 22 Ibid 23 Smart Cities Prevail, Rebuilding California: The Golden State’s Housing Workforce Reckoning , 2019: https://www.smartcitiesprevail.org/wp -content/uploads/2019/01/SCP_HousingReport.0118_2.pdf 24 Ibid 25 UC Berkeley Labor Center, The Public Cost of Low-Wage Jobs in the US Construction Industry, 2022: https://laborcenter.berkeley.edu/the-public-cost-of-low-wage-jobs-in-californias-construction-industry/ 26 Ibid. Page 328 of 658 AB 2011 Page 17 that housing are well compensated, and provides opportunity for job training to grow the skilled construction workforce. This bill would require compensation consistent with standards in place for public works projects by requiring projects to pay prevailing wages. The prevailing wages are the most common wage found in a region for a construction craft, and are usually based on rates specified in collective bargaining agreements between employers and unions. Prevailing wages are established by the Director of the Department of Industrial Relations (DIR), according to the type of work and location of the project, and published on DIR’s website.27 The prevailing wage encompasses an hourly pay, as well as compensation for other benefits should the employer not provide them, including health care, vacation, and pension. This bill includes an enforcement component by the Labor Commissioner, an underpaid workers, or a joint labor-management cooperation committee established under federal law. These provisions would help bolster enforcement capacity of the labor standards and help ameliorate concerns about wage theft. This bill requires that all contractors on projects of 50 or more units participate in a state-approved apprenticeship program or request the dispatch of apprentices from a program. Construction trades apprenticeships result in the elevation of most participating construction workers’ wages to living wage levels.28 As such, this provision would help ensure that these projects train the next generation of skilled craftspeople, so that over time the residential construction workforce is large enough to build the housing we need to end the housing crisis. This bill allows for a locally negotiated Collective Bargaining Agreement to supersede the labor provisions in the bill. Collective Bargaining Agreements are agreements reached between the employer and the labor union that will govern the employment for the employee -members of that labor union. Arguments in Support: Supporters of the bill include groups that represent construction workers, groups that support the development of affordable housing, and groups that support an overall increase in the housing supply. Groups that represent construction workers, including the Northern California Regional Conference of Carpenters, the Southwest Regional Conference of Carpenters, and affiliated groups, argue that the prevailing wage requirements and enforcement provisions in the bill would benefit workers while the housing provisions in the bill would help put those workers to work. According to the California Conference of Carpenters (a co-sponsor of the bill), the bill “will open the door to middle-class, blue-collar careers for young workers who will actually be able to live in, and eventually even own, the affordable housing they build.” Groups that support the development of affordable housing, including the California Housing Consortium (a co-sponsor of the bill) argue that the bill would rapidly accelerate the production of affordable housing. They write that the bill “will expand climate-friendly infill affordable 27 https://www.dir.ca.gov/public-works/prevailing-wage.html 28 California Community Colleges, Strong Workforce Program. Data accessed via https://www.calpassplus.org/launchboard/swp Page 329 of 658 AB 2011 Page 18 housing opportunities for struggling families, seniors, workers, and veterans – while also growing a thriving, well-paid, middle-class construction workforce.” Groups that support an overall increase in the housing supply argue that the bill is necessary to help overcome the state’s deficit of 2.5 million housing units. According to the California Apartment Association, “By opening new sites to housing, AB 2011 would rapidly accelerate housing production at all income levels – particularly for lower income Californians.” Arguments in Opposition: Opponents of the bill include groups that represent construction workers and three cities. The State Building and Construction Trades Council (SBCTC) and affiliated groups, argue that the bill should require the utilization of a skilled and trained workforce, as defined in labor law, that would in effect require a certain percentage of each construction craft and trade to be unionized unless the project is subject to a Project Labor Agreement.29 They argue that, absent these provisions, the bill provides a path to developer profits with little protections for workers and meaningful input from community members. According to the SBCTC, “We remain opposed to any effort that would create a statewide right to develop mostly market -rate and luxury housing without, at a very minimum, basic community protections, including the requirement to use a skilled and trained workforce and pay area prevailing wages.” The cities of Laguna Beach, Mission Viejo, and Rancho Santa Margarita argue that the bill would remove local control and the ability of cities to determine the adequacy of sites for housing and the ability to provide affiliated infrastructure. They also express concern over a potential reduction in tax revenue from the loss of commercial properties. Related Legislation: SB 6 (Caballero, 2021): This bill would establish the Neighborhood Homes Act and would deem a housing development project as an allowable use on a lot located in an office or retail commercial zone provided that the property is not adjacent to an industrial use and meets specified affordability and labor provisions, meets specified environment criteria, and does not require the demolition of rental or deed restricted housing. This bill is pending hearing in our committee. AB 115 (Bloom, 2021): This bill would deem a housing development project as an allowable use on a lot located in an office or retail commercial zone provided that the property is not adjacent to an industrial use and meets specified affordability provisions, meets specified environment criteria, and does not require the demolition of rental or deed restricted housing. This bill died in the Assembly Committee on Local Government. SB 35 (Wiener), Chapter 366, Statutes of 2017: This bill requires in jurisdictions that have not met their Regional Housing Needs Assessment to allow for a ministerial, streamlined process for housing approvals as long as the project meets specified affordability and labor provisions, meets 29 Skilled and trained workforce standards are defined in Public Contract Code section 2601. The standards require contractors to employ either state-registered apprentices or journey-level trades workers who have thousands of hours of experience. The standards also require specified percentages of journey-level trades workers to have graduated from state-approved apprenticeship programs Page 330 of 658 AB 2011 Page 19 specified environment criteria, and does not require the demolition of rental or deed restricted housing. AB 2162 (Chiu), Chapter 753, Statutes of 2018: This bill streamlines 100% affordable housing developments that include a percentage of supportive housing units and onsite services. REGISTERED SUPPORT / OPPOSITION: Support CA Conference of Carpenters (Co-Sponsor) California Housing Consortium (Co-Sponsor) AARP Abundant Housing LA Affirmed Housing All Home Bay Area Council Burbank Housing Development Corporation California Apartment Association California Association of Local Housing Finance Agencies California Coalition for Rural Housing California Community Builders California Housing Partnership California YIMBY Carpenter Local Union 1599 Carpenters Local 152 Carpenters Local 22 Carpenters Local 562 Carpenters Local 619 Carpenters Local 661 Carpenters Local 701 Carpenters Local 714 Carpenters Local 721 Carpenters Local 909 Carpenters Local 951 Carpenters Local Union #1109 Carpenters Local Union 1789 Carpenters Local Union 2236 Carpenters Union Local 180 Carpenters Union Local 405 Carpenters Union Local 46 Carpenters Union Local 505 Carpenters Union Local 605 Carpenters Union Local 713 Carpenters Union Local 805 Carpenters Women's Auxiliary 001 Carpenters Women's Auxiliary 007 Carpenters Women's Auxiliary 101 Carpenters Women's Auxiliary 1904 Page 331 of 658 AB 2011 Page 20 Carpenters Women's Auxiliary 417 Carpenters Women's Auxiliary 66 Carpenters Women's Auxiliary 710 Carpenters Women's Auxiliary 91 City of San Mateo CivicWell Construction Employers' Association Council of Infill Builders Destination: Home Drywall Lathers Local 9109 Drywall Local Union 9144 East Bay Asian Local Development Corporation Fieldstead and Company Generation Housing Greenbelt Alliance Housing Action Coalition Housing California Lathers Local 68l Making Housing and Community Happen Mercy Housing California MidPen Housing Corporation Millwrights Local 102 Modular Installers Association Non Profit Housing Association of Northern California Northern California Carpenters Regional Council Pile Drivers Local 34 Richmond Community Foundation San Diego Housing Federation San Francisco Bay Area Planning and Urban Research Association San Francisco Housing Development Corporation Satellite Affordable Housing Associates Silicon Valley Community Foundation Southern California Association of Nonprofit Housing Southwest Regional Council of Carpenters SV@Home Action Fund The Kennedy Commission The Pacific Companies The Two Hundred United Lutheran Church of Oakland United Ways of California USA Properties Fund Ventura County Clergy and Laity United for Economic Justice Opposition California State Association of Electrical Workers California State Pipe Trades Council City of Laguna Beach City of Mission Viejo Page 332 of 658 AB 2011 Page 21 City of Rancho Santa Margarita District Council 16, International Union of Painters and Allied Trades State Building & Construction Trades Council of California Western States Council Sheet Metal, Air, Rail and Transportation Analysis Prepared by: Steve Wertheim / H. & C.D. / (916) 319-2085 Page 333 of 658 ORDINANCE NO. 1376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING PALM DESERT MUNICIPAL CODE, CHAPTER 25, MODIFYING SECTION 25.60.60 (PUBLIC HEARING AND PUBLIC NOTICE), ADDING SECTION 25.60.160 "COMMUNITY ENGAGEMENT," AND CHAPTER 5, SECTION 5.11 "DISCLOSURES UPON TRANSFER OF RESIDENTIAL PROPERTY" REGULATING THE PUBLIC ENGAGEMENT PROCESS AND APPLY SAID REGULATIONS CASE NO: ZOA 21-0002 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2155 day of December 2021, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of the above -noted, and adopted Resolution No. 2803, recommending that the City Council adopt the Zoning Ordinance Amendment (ZOA) for said projects regulating the public engagement process; and WHEREAS, the ZOA expands public notification for projects five (5) acres or more to 1,000 feet radius by modifying Palm Desert Municipal Code (PDMC) Section 25.60.60 (Public Hearing and Public Notice) and implements a Community Engagement Plan requirement for developers by adding Section 25.60.160 (Community Engagement), and adding Section 5.11 Disclosures Upon Transfer of Residential Property) requirement for any single-family residential property to include disclosures of long-range planning efforts and potential future development identified in the City's General Plan, Zoning, and Housing Element; and WHEREAS, the City Council of the City of Palm Desert, did on the 13th day of January 2022, hold a duly noticed public hearing to consider the request by the City of Palm Desert for approval of a ZOA. The staff report was presented, and the public hearing was opened for public comments. After discourse of the item, City Council continued the item to January 27, 2022; and WHEREAS, the City Council of the City of Palm Desert, did on the 27th day of January 2022, a continued public hearing to consider the request by the City of Palm Desert for approval of a ZOA, and has determined that the public engagement process is consistent with the City's General Plan; and WHEREAS, at said public hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said City Council did find the following facts and reasons exist to approve said request: SECTION 1. Adoption of Recitals. The City Council hereby adopts the foregoing recitals as its findings in support of the following regulations and further finds that the following regulations are beneficial and appropriate to protect the health, safety, and welfare of the residents and businesses of Palm Desert within the City limits. A. The City of Palm Desert, California ("City") is a municipal corporation, duly organized under the constitution and laws of the State of California; and Page 334 of 658 ORDINANCE NO. 1375 B. The Planning and Zoning Law authorizes cities to establish by ordinance the , regulations for land use and development. SECTION 2. Amendment. The City Council of the City of Palm Desert, California, approve, and adopt the PDMC amendment to Section 25.60.60 (Public Hearing and Public Notice), adding Section 25.60.160 "Community Engagement," and adding Section 5.11 Disclosures Upon Transfer of Residential Property), as shown in Exhibit A, which is attached hereto and incorporated herewith. SECTION 3. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that one (1) or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 4. Publication. The City Clerk of the City of Palm Desert, California, is hereby directed to publish this ordinance in The Desert Sun, a newspaper of general circulation, published and circulated in the City of Palm Desert, California, and shall be in full force and in effect thirty (30) days after its adoption. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm ' Desert, California, at its regular meeting held on the 10th day of February 2022, by the following vote, to wit: AYES: JONATHAN, KELLY, NESTANDE, QUINTANILLA, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE JAN C. HARNIK, MAYOR ATTEST: NIAMH M. ORTEGA, DEPUTY CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 335 of 658 ORDINANCE NO. 1375 EXHIBIT A Zoning Ordinance Amendments 1. Amend Section 25.60.060 (Public Hearing and Public Notice) Title 25 (Zoning) as follows (red indicates changes/additions): B. Notice of hearing. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below. The notice shall state the date, time, and place of hearing, identify the hearing body, and provide a general description of the matter to be considered and the real property which is the subject of the hearing. 1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City. 2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown upon the current tax assessor's records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of mailed notice, provide notice by placing notice of at 'east one eighth "'Q` page in one newspaper of general circulation within the City. a. Public notification for projects 5 acres or more projects shall be 1,000 feet for public notifications related to development projects and to ensure adequate community engagement efforts are achieved pursuant to requirements in Section 25.60.160. 2. Add Section 25.60.160 (Community Engagement) to Title 25.(Zoning) as follows: 25.60.160 Community Engagement Intent and purpose. It is the intent of this chapter to relate the provisions of this title and all other applicable projects to the appropriate City provisions that have been adopted to comply with the Community Engagement Plan's intended purpose of requiring developers to present and engage in a public outreach meeting early in the entitlement process of new projects and address concerns of the public prior to an action of the approving body. Scope of regulations. This chapter shall be applied pursuant to the adopted "Resolution of the City Council of the City of Palm Desert Establishing Policies related to Community Engagement (Resolution No. 2021-50). Requirements related to Community Engagement for new projects are as follow: a) Developers to prepare and submit a Community Engagement Plan to the Planning/Land Development Division at the time of entitlement application. b) Meet the public notification requirements of Section 25.60.060. 3 Page 336 of 658 ORDINANCE NO. 1375 c) The Community Engagement Plan must contain the following: ' 1. Developer's method (s) of communication with the public. Proposed location s) of public outreach shall be provided; 2. Submit written publications distributed to the public that includes any informational items of the project; 3. A minimum of one (1) meeting with the public is required, follow up meetings may be required as requested by the Director of Development Services; 4. Developer shall provide written responses to staff on how each public concern will be addressed; d) The developer to coordinate with staff for the notification of community meetings with property owners within 1,000 feet of the proposed project. e) Staff is to be present at the meeting(s) as observers and summarize concerns and developer's responses in the final staff report (s). f) The entitlements will include a condition of approval on residential and/or owner - occupied projects, the developer will disclose, as part of any closing documents, the City's General Plan and Housing Elements adjacent to the project. 3. Add Section 5.11 "Disclosures Upon Transfer of Residential Property" to Title 5 BUSINESS TAXES, LICENSES AND REGULATIONS) subsequently as follows: 5.11.010 Statement Required. A. Pursuant to Civil Code section 1102. 6a, in addition to those disclosures ' required by Civil Code section 1102.6, the seller of any single-family residential property located within the City shall deliver to the prospective buyer a real estate transfer disclosure statement containing the following statement: Know Your Neighborhood: The City of Palm Desert maintains a website that provides important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at ( 760) 346-0611, ext. 483." B. The real estate transfer disclosure statement required by this chapter shall be delivered at the same time as those disclosures required by Civil Code section 1102.6 or as soon as practicable thereafter. C. For purposes of this section, 1. "City" means the City of Palm Desert, California. Single-family residential property" means either of the following: (a) real property improved with one to four dwelling units, including any leasehold exceeding one year's duration of such, (b) a unit in a residential stock cooperative, condominium, or planned unit development, or (c) a mobile home ' or manufactured home when offered for sale or sold through a real estate broker pursuant to Business and Professions Code section 10131.6. Ell Page 337 of 658 ORDINANCE NO. 1375 3. "Seller" means a transferor in a real property transaction, and includes an owner who lists real property with a licensee, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from a licensee on behalf of another. "Seller" includes both a vendor and lessor of real property. 4. "Buyer' means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through a licensee, whether or not a transfer results, or who seeks the services of a licensee in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes a purchaser, vendee, or lessee of real property 5.11.020 Form of Statement. The real estate transfer disclosure statement required by this chapter shall be in the following form in accordance with Civil Code section 1102.6a: LOCAL OPTION REAL ESTATE TRANSFER DISCLOSURE STATEMENT THIS DISCLOSURE STATEMENT CONCERNS THE REAL PROPERTY SITUATED IN THE CITY OF PALM DESERT, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DESCRIBED AS . THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE ABOVE -DESCRIBED PROPERTY IN COMPLIANCE WITH ORDINANCE NO. OF THE PALM DESERT CITY CODE AS OF 20_. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER(S) OR REAL ESTATE LICENSEE(S) REPRESENTING ANY PRINCIPAL(S) IN THIS TRANSACTION, AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS OR WARRANTIES THE PRINCIPAL(S) MAY WISH TO OBTAIN. I SELLER'S INFORMATION The Seller discloses the following information with the knowledge that even though this is not a warranty, prospective Buyers may rely on this information in deciding whether and on what terms to purchase the subject property. Seller hereby authorizes any real estate licensee(s) representing any principal(s) in this transaction to provide a copy of this statement to any person or entity in connection with any actual or anticipated sale of the property. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER(S) AS REQUIRED BY THE CITY OF PALM DESERT, AND ARE NOT THE REPRESENTATIONS OF THE REAL ESTATE LICENSEE(S), IF ANY. THIS INFORMATION IS A DISCLOSURE AND IS NOT INTENDED TO BE PART OF ANY CONTRACT BETWEEN THE BUYER AND I SELLER. 7 Page 338 of 658 ORDINANCE NO. 1375 1. Know Your Neighborhood: The City of Palm Desert maintains a website that provides ' important information on potential development throughout the City. The City recommends that you visit the website as part of your consideration in buying a home in the City. The website can be accessed at https://www.cityofpalmdesert.org/departments/planning. Alternatively, you can call the City's Development Services Department at ( 760) 346-0611, ext. 483. Seller certifies that the information herein is true and correct to the best of the Seller's knowledge as of the date signed by the Seller. Seller Date Seller Date BUYER(S) MAY WISH TO OBTAIN PROFESSIONAL ADVICE AND/OR INSPECTIONS OF THE PROPERTY AND TO PROVIDE FOR APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN BUYER AND SELLER(S) WITH RESPECT TO ANY ADVICE/INSPECTIONS/DEFECTS. I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS STATEMENT. Buyer Date Buyer Date A REAL ESTATE BROKER IS QUALIFIED TO ADVISE ON REAL ESTATE. IF YOU DESIRE LEGAL ADVICE, CONSULT YOUR ATTORNEY." A Page 339 of 658 [This page has intentionally been left blank.] Page 340 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Randy Chavez, Community Services Manager Bertha A. Gonzalez, Management Analyst Andy Ramirez, Deputy Director of Public Works REQUEST: STREAMLINE THE USE OF VENDORS FOR THE DESERT WILLOW GOLF RESORT BY GRANTING AN EXCEPTION TO THE BIDDING REQUIREMENTS AND APPROVE THE OPERATING EXPENSE VENDORS LIST FOR FISCAL YEAR 2022/23 RECOMMENDATION: 1. Grant an exception to the bidding requirements, as provided for by Section 3.30.160 (K) of the Municipal Code, not to exceed $50,000 for any one vendor during Fiscal Year (FY) 2022/23. 2. Approve the Desert Willow Golf Resort’s Operating Expense Vendors List. BACKGROUND/ANALYSIS: Each year, Desert Willow Golf Resort (DWGR) requests approval from the City Council to use the attached vendor list for routine work, recurring services, and supplies. Pursuant to Section 3.30.160 (K) of the Municipal Code, granting this authority to staff enables more immediate response times, access to local vendors, and wholesale or discounted pricing. In the best interest of the City, this streamlined process provides staff an avenue to obtain a readily available vendor for required services. In the event an estimate is too high, another vendor from the list is contacted so that a project can be executed in a timely fashion. When time is not of the essence, staff ensures competitive pricing by obtaining and evaluating quotes from two to three vendors from this list. On May 26, 2021, staff posted at City Hall a notice inviting vendors to apply if they wish to be added to the list for FY 2022/23. The notice remained in place the entire fiscal year, and on May 25, 2022, a notice was placed in the City of Palm Desert’s website for Fiscal Year 2023/24. The new notice will remain posted for the entire fiscal year, so potential vendors can apply for next year’s approval. Project-related services, and purchases and/or services valued at more than $50,000 will follow the standard procedure for procurement and presented to the City Council. Strategic Plan: This is an ongoing maintenance function and as such, does not directly contribute to the objectives of the Strategic Plan. Page 341 of 658 City of Palm Desert Approve DWGR Various Operating Expense Vendors List Page 2 of 2 FINANCIAL IMPACT: There is no fiscal impact associated with this action beyond potential purchases and contract amounts included in the operating budget for Fiscal Year 2022/23. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director Finance Director: Jose Luis Espinoza For Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. FY 2022/23 Posted Notice 2. DWGR Operating Expense Vendors List Page 342 of 658 Page 343 of 658 Page 344 of 658 Page 345 of 658 Page 346 of 658 Page 347 of 658 Page 348 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Randy Chavez, Community Services Manager Bertha A Gonzalez, Management Analyst REQUEST: AUTHORIZE THE PURCHASE OF GOLF COURSE IRRIGATION SUPPLIES FROM HIGH TECH IRRIGATION, INC., OF INDIO CALIFORNIA. RECOMMENDATION: 1. Grant an exception to the bidding requirements, as provided for by Section 3.30.160(J) of the Municipal Code. 2. Authorize the City Manager or his designee to purchase Rain Bird golf course irrigation supplies from High Tech Irrigation, Inc., of Indio, California, for Fiscal Year 2022/23, in an annual amount not to exceed $80,000. BACKGROUND/ANALYSIS: The Desert Willow Golf Resort (DWGR) operates a Rain Bird irrigation system on two golf courses. As such, the system requires Rain Bird specific irrigation products. Per the attached letter form the Rain Bird Corporation, High Tech Irrigation is the only authorized local distributor of Rain Bird Products. Due to this exclusive agreement, on January 12, 2012, the City Council approved High Tech Irrigation, Inc., as the sole provider of Rain Bird golf course irrigation products in this region. The actual quantities of golf course irrigation supplies purchased will be on an as-needed basis and dependent on the irrigation system’s performance. DWGR staff has projected the cost for these supplies to be approximately $80,000 for July 1, 2022, through June 30, 2023. Strategic Plan: Priority 3: Make recreational and exercise opportunities pervasive in all public spaces. DWGR golf courses sustain one of the City’s premier recreational facilities offering a high quality of life that residents and visitors have come to expect. FINANCIAL IMPACT: This purchasing activity has no fiscal impact beyond the annual cost of the supplies included in the FY 2022/23 operating budget for Desert Willow Golf Resort (Course and Grounds Expenses, Account No. 5204195-4803100). Page 349 of 658 City of Palm Desert Approval of Golf Course Irrigation Supplies for Desert Willow Golf Resort Page 2 of 2 REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. ASR January 12, 2012 2. Sole Source Distribution Letter from Rain Bird Corporation Page 350 of 658 Page 351 of 658 [This page has intentionally been left blank.] Page 352 of 658 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Jessica Gonzales, Senior Management Analyst REQUEST: APPROVAL OF AN AMENDMENT TO CONTRACT NO. HA38940 WITH GARLAND/DBS, INC., FOR ROOF REPAIRS AND RELATED SERVICES AT THE PALM DESERT HOUSING AUTHORITY PROPERTIES IN A TOTAL ANNUAL AMOUNT NOT TO EXCEED $75,000. RECOMMENDATION: 1. Approve the Amendment (“Amendment”) to Contract No. HA38940 with Garland/DBS, Inc., for roof repairs and related services (includes costs for roof repairs, permit fees for those repairs that may require one and other repair related costs) at the Palm Desert Housing Authority properties (“Properties”), effective July 1, 2022, for a two-year term under the Omnia Partners Contract No. PW-1925 pursuant to Section 3.30.160 (E) and (L) of the City of Palm Desert Municipal Code in a total annual amount not to exceed $75,000. 2. Confirm participation with the Omnia Partners (“Omnia”). 3. Authorize the Chairman and/or the Executive Director to execute the Amendment and any documents necessary to effectuate and implement the actions taken herewith. BACKGROUND/ANALYSIS: On September 10, 2016, the Authority approved a contract with Garland/DBS, Inc. (“Garland”) for the purpose of providing roof and deck management assessment and related services for the Authority properties for a six-month term with two one-year extensions taking the contract through June 30, 2019. Several Properties in 2019 had roof leaks affecting some of the units’ interior. Although the immediate need to address and repair fall under emergency work, it was very difficult to obtain roofing companies to perform the emergency repairs necessary due to a limited availability of companies that meet the prevailing wage requirements that still apply in an emergency circumstance. Since Garland was meeting the prevailing wage requirement and performing satisfactorily, the Authority Board approved a new Contract with Garland on June 27, 2019, for these Services. Under the provisions set forth in the City of Palm Desert Municipal Code (“Municipal Code”), Section 3.30.160 (L), the Authority may obtain routine and recurring services, supplies, and maintenance by adopting a procedure approved by the City Manager. The roof repairs and related services and products intended to be solicited from Garland/DBS, Inc. (“Garland”), have been accepted as routine and recurring. Further, the provisions of the Municipal Code Section 3.30.160 (E), allow the Authority to participate as a government entity with Omnia Contract No. PW-1925 (Active from January 1, 2015 through December 31, 2019 under U.S. Communities Government Purchasing Alliance and now active from September 27, 2019 through October 14, 2024 under Omnia Partners); as amended, a copy is on file with the City of Palm Desert’s City Page 353 of 658 City of Palm Desert Housing Authority – Amendment to Contract No. HA38940 Garland Page 2 of 2 Clerk’s Office.), under their cooperative pricing for roof repairs and related services provided by Garland through their “DryZone” Services Program at the Authority properties. Garland has confirmed it will provide to the Authority, as a participating entity, the Omnia contract terms, products, product warranty, services, and pricing. Under the Omnia established pricing, the three-year contract with the Authority’s discretion to extend the contract for two one-year extensions, will be in a total annual amount not to exceed $75,000 for Garland to complete roof repairs which may be necessary for any unforeseen issues (i.e., leaks, etc.) that include materials and competitively bid project-specific labor through the “DryZone” program. Small individual repairs typically have ranged from $750 to $3,500 per occurrence, with larger comprehensive repairs ranging from $10,000 to $15,000. Increases, if any, during the term, will be pursuant to the terms of the Omnia contract including any prevailing wage adjustments to labor rates. Staff has reviewed and determined that the proposed costs are reasonable and in accordance with the current market conditions. Staff recommends the Authority review and approve the attached amendment. Strategic Plan: This request represents routine administrative business of the Palm Desert Housing Authority. This request does not apply to a specific strategic plan goal. Commission Recommendation: The Housing Commission will review this recommendation at its regular meeting on June 1, 2022. Upon request, a verbal report will be provided at the Authority’s regular meeting on June 9, 2022. FINANCIAL IMPACT: The fiscal impact to the Housing Authority of the Amendment extending the term of the Agreement is the same as it is currently. Although there has been a slight increase in the per property per month cost, staff believes the not to exceed amount is sufficient to accommodate the needs of the Properties for the extended contract term. Actual expenditures will be paid from the FY 2022/2023 monies that have been included in the proposed FY 2022/2023 Authority’s operating budget, in the appropriate Authority account REVIEWED BY: Department Director: Martin Alvarez City Attorney: Robert Hargreaves Finance Director: Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Garland/DBS, Inc.’s “DryZone” Program Proposal (dated May 17, 2022) Page 354 of 658 Leak Response Repair Services Presented By: Garland/DBS, Inc. Proposal To: PALM DESERT HOUSING AUTHORITY Gne © 2014, Garland/DBS, Inc. ™ – All rights reserved 3800 East 91st Street, Cleveland, Ohio 44105 Toll Free: (866) 327-0306 Fax: (216) 883-2055 Page 355 of 658 Garland/DBS, Inc. 3800 East 91st Street Cleveland, OH 44105 Phone: (800) 762-8225 Fax: (216) 883-2055 Page 2 May 17th, 2022 Palm Desert Housing Authority 73-510 Fred Waring Drive Palm Desert, California 92260 Re: Leak Response and Repairs Garland/DBS, Inc. (GDI) is pleased to present you with the following proposal. We have the resources to provide facility/state/nation-wide roof assessments, inspection and leak repair services. We have completed more than five hundred million square feet of roof evaluation work through our Dry Zone™ service packages. These have been completed for thousands of satisfied customers including the GSA, All branches of the US armed forces, Lockheed Martin, Cummins Engine, Goodyear, Eaton Corporation, FedEx, Capital One Bank, various cities, municipalities and educational facilities around the United States. Our Dry Zone program of services was established to help our customers manage their roof and building enclosure maintenance and replacements more effectively. Customers who use this service are typically looking to meet one or many of the goals below:  Formalize a Standard Program Across All Facilities  Enlist a Team of Experts to Provide the Best in Efficiency and Qualified Experience  Build a History of Building Performance  Define and Qualify a List of Priorities  Reduce Reactive Expenditures  Develop a Long Term Budget Plan  Extend the Service Life of Facilities  Ensure Consistent Delivery Our services aim at developing and managing a database of all your roofing assets so that the information is online and at your fingertips. The Dry Zone database is an on-line, fully integrated, proactively maintained, and completely customizable asset management program with reporting capabilities that help you to better manage information, ultimately saving you time and money. After reviewing the enclosed proposal with scope of services and pricing, should you have any questions please feel free to contact Jason Busanovitch at 951-300-8377 or myself if you would like to discuss in further detail. W e appreciate the opportunity to provide this quote to you and look forward to serving you. Respectfully submitted, Jeff Kozak Jeff Kozak Project Manager Office: 216.430.3518 Email: jkozak@garlandind.com Page 356 of 658 Page 3 Scope of Services The scope of work as described below is for the following location/s: All Palm Desert Housing Authority owned buildings Leak Response Repairs The leak response service ensures emergency contact within 48 hours and repair service within 72 hours. All leaks and repairs are recorded in the Dry Zone database that helps prioritize and manage all roof areas for our clients. One of the greatest benefits of leak response is that you have a history of where your leaks are occurring and how much you are spending to correct them. Leak Response program services include:  On demand building envelope repair services  Email reporting system alerts GDI and authorized contractors of leaks and repairs  Emergency response to service calls within 48 hours or less, non-emergency response within 72 hours  Competitive labor and material rates guaranteed for calendar year  Before and after pictures, scope of work performed, and invoicing are uploaded to the work order report on the Dry Zone Database  Not to exceed amount established for repairs requested through the program  Recommendations for improved performance provided when frequent leaks occur  Dry Zone Database creation and access When responding to a reported leak, GDI and/or the Authorized Contractor will inspect the leak area, determine the cause, and arrange for the repairs. Repair costs will be billed to Customer on a time and material basis. Repairs performed on roof areas are to temporary maintain the roof, not provide a permanent solution. As each repair is completed, updates will be made to the Program database to include information regarding the condition of the roof, the nature of the repairs, and photos to help visually verify the information provided. For leaks on roof areas with Garland warranties, an Authorized Contractor will perform repair and bill Garland for work performed. If the cause is neglect or damage outside the terms and conditions of the Garland warranty, repair costs will be at the Customer’s expense on a time and material basis. Page 357 of 658 Page 4 The Dry Zone Database The key component to creating a successful Dry Zone Program is the development of an all- encompassing database. The Dry Zone database allows you to store, track, and update all the crucial information necessary to best maintain your asset inventory. Reports are customizable and available in a variety of formats based upon the customer’s needs. The Dry Zone database services include:  General  Robust functionality  User friendly interface  Central location for all asset documentation  24/7 online access  Budgets, Expenditures, and Solutions  Presentation quality reporting capabilities  Capital expenditure budgeting, short and long term  Online access allows budget revisions as needs change  Roof replacement and repair options with comparative analysis for various systems  Work history documentation of repairs, renovations and replacements  Life-Cycle costing module  Energy savings calculator  Work Order and Project Tracking  Work order tracking and reporting  Timely updates and job inspection reports  Photo logs to help visually verify the services performed  Online 24/7 emergency reporting  Comprehensive warranty tracking  Data Collection  Condition documentation module for roofing, exterior walls, doors and windows  Assembly and detail module for roofing system  Photo documentation  Visual observation reports  Work history documentation for repairs and replacements  Ability to incorporate 3D aerial roof estimates and measurements based on GPS coordinates  Electronic tablet compatibility Page 358 of 658 Page 5 Pricing Please Note: Please Note: The following budget/estimate is being provided according to the pricing established under the Master Intergovernmental Cooperative Purchasing Agreement (MICPA) with Racine County, WI and OMNIA Partners, Public Sector (U.S. Communities). MICPA Contract #PW1925 Leak Response Repairs Leak Response is billed according to time and material, up to a not-to-exceed price for each occurrence as proposed herein Recommended not-to-exceed price for each occurrence: $3,000.00 * Rates on following page. Page 359 of 658 Page 8 Our Subcontractor, R&R Roofing, will provide repair services for the above mentioned locations based on time and material rates listed below: Dry Zone Leak Response Repairs Program Repair Time & Material Rates Contractor Name: R&R Roofing Contractor Address: 17995 Collier Ave, Lake Elsinore, CA 92530 Project: Palm Desert Housing Authority Date: May 17th, 2022 Trade Classification Description Cost per Hour Roofing Foreman Normal Working Hours (7am-6pm) $153.90 Off Hours / Saturdays $188.10 Holidays / Sundays $222.30 Roofing Installer Normal Working Hours (7am-6pm) $142.50 Off Hours / Saturdays $176.70 Holidays / Sundays $210.90 Material Mark Up (Non-Labor Cost) 20% Trip Charge $650 Page 360 of 658 Contract No. HA38940 PALM DESERT HOUSING AUTHORITY AMENDMENT NO. 1 TO THE ROOF REPAIRS AND RELATED SERVICES BETWEEN THE PALM DESERT HOUSING AUTHORITY AND GARLAND/DBS, INC. 1. Parties and Date. This Amendment No. 1 to the Roof Repairs and Related Services Agreement is made and entered into as of this 9th day of June 2022, by and between the Palm Desert Housing Authority (“Authority”) and Garland/DBS, Inc., a Corporation with its principal place of business at 3800 East 91st Street, Cleveland, Ohio 44105 (“Contractor”). The Authority and Contractor are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The Authority and Contractor have entered into an agreement entitled Roof Repairs and Related Services Agreement dated June 19, 2019 (“Agreement” or “Contract”) for the purpose of retaining the services of Contractor to provide roof repairs and related services (includes costs for roof repairs, permit fees for those repairs that may require one and other repair related costs) at the Palm Desert Housing Authority properties. 2.2 Amendment. The Authority and Contractor desire to amend the Agreement for additional compensation and extend the term. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 2.2 and Exhibit B the rates of the Agreement. 3. Terms. 3.1 Term. Section 2.2 of the Agreement is hereby amended in its entirety to read as follows: The term of this Agreement shall be from July 1, 2022 to June 30, 2024, unless earlier terminated as provided herein. The Authority shall have the unilateral option, at its sole discretion, to renew this Contract. 3.2 Exhibit B. Exhibit B of the Agreement is hereby amended in its entirety to read as follows: Exhibit B is hereby deleted in its entirety and replaced with Exhibit B attached hereto and incorporated herein by reference. 3.2 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all Page 361 of 658 Contract No. ______________ Page 2 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.4 Severability. If any portion of this Amendment No. 1 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 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 362 of 658 Contract No. ______________ Page 3 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE ROOF REPAIRS AND RELATED SERVICES BETWEEN THE PALM DESERT HOUSING AUTHORITY AND GARLAND/DBS, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the Roof Repairs and Related Services Agreement as of the day and year first above written. PALM DESERT HOUSING AUTHORITY Approved By: L. Todd Hileman Executive Director Attested By: Anthony J. Mejia Secretary Approved As To Form: By: Best Best & Krieger LLP City Attorney GARLAND/DBS, INC. Signature Name Title Signature Name Title QC Insurance ID: _____________ __________ __________ Page 363 of 658 Contract No. ______________ Page 4 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 EXHIBIT B Page 364 of 658 Contract No. ______________ Page 5 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 Page 365 of 658 Contract No. ______________ Page 6 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 Page 366 of 658 Contract No. ______________ Page 7 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 Page 367 of 658 Contract No. ______________ Page 8 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 Page 368 of 658 Contract No. ______________ Page 9 of 9 Revised 11-2-20 BBK 72500.00001\32445060.1 Page 369 of 658 [This page has intentionally been left blank.] Page 370 of 658 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Jessica Gonzales, Senior Management Analyst REQUEST: ADOPT A RESOLUTION AMENDING AND RESTATING THE BYLAWS FOR THE PALM DESERT HOUSING COMMISSION. RECOMMENDATION: Waive further reading and adopt a Resolution amending and restating the Bylaws for the Palm Desert Housing Commission (“Bylaws”) which adopts the second Wednesday of the month as a regular meeting date. BACKGROUND/ANALYSIS: On June 27, 2019, the Board of the Palm Desert Housing Authority (the “Authority”) considered and adopted Resolution No. HA-93 amending and restating the Bylaws of the Palm Desert Housing Commission (“Commission”). The Commission’s Bylaws currently provide that the regular meetings shall be held on the first Wednesday of each month. Members of the Commission have expressed that the regularly scheduled meetings of the Commission conflict with the other City of Palm Desert (“City”) committee meetings and regional committee meetings that are held at the same time. These conflicts prohibit routine attendance meetings. Staff is recommending that the Regular Meetings section of the Bylaws be amended to move the regular meeting date to the second Wednesday of the month. Staff recommends the Authority adopt the attached resolution, amending and restating the Commission Bylaws. Strategic Plan: This request represents routine administrative business of the Palm Desert Housing Authority. This request does not apply directly to a specific strategic plan goal. Commission Recommendation: The Housing Commission will review this recommendation at its regular meeting on June 1, 2022. Upon request, a verbal report will be provided at the Authority’s regular meeting on June 9, 2022. FINANCIAL IMPACT: There is no direct fiscal impact with this request. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine Page 371 of 658 City of Palm Desert Housing Authority – Resolution to Amend and Restate Bylaws of the Palm Desert Housing Commission Page 2 of 2 City Manager: L. Todd Hileman ATTACHMENT: 1. Resolution No. HA-_________, including Exhibit A, Amended and Restated Bylaws for the Palm Desert Housing Commission Page 372 of 658 RESOLUTION NO. HA_________ A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY AMENDING AND RESTATING THE BYLAWS OF THE HOUSING COMMISSION RECITALS A. The Palm Desert Housing Authority ("Authority") was established under the Housing Authorities Law (the "Law"), being Chapter 1 of Part 2 of Division 24 of the California Health and Safety Code, to ensure safe, sanitary dwelling units available at rents which persons of low income can afford while not being overcrowded. B. Section 34291 of the Law authorizes the City Council of the City of Palm Desert (the "City Council") to create a housing commission by ordinance. C. Section 34292 of the Law provides that the function of the Housing Commission is to review and make recommendations on all matters to come before the Authority prior to Authority action, except emergency matters and matters which the commission, by resolution, excludes from its review. D. On January 8, 1998, the City Council adopted Ordinance No. 861 thereby creating the Palm Desert Housing Commission (the "Commission"). E. Section 9 of Ordinance No. 861 defines the duties of the Commission to review and make recommendations on all matters to come before the Authority except emergency matters and matters which the Commission, by resolution, excludes from the Commission's review. F. On June 22, 2000, the Authority adopted its Resolution HA-13 to establish the Bylaws of the Commission. G. On June 27, 2019, the Authority adopted Resolution HA-93 (i) to approve Amended and Restated Bylaws of the Housing Commission, amending provisions related to the dissolution of the Palm Desert Redevelopment Agency and the conduct of Commission meetings and (ii) to revise the duties of the Commission pursuant to Section 34292 of the Law and Section 9 of Ordinance No. 861. H. The Authority now desires to approve Amended and Restated Bylaws of the Housing Commission, attached hereto as Exhibit A (the "Amended and Restated Bylaws") to amend provisions related to the regular scheduled meeting day of Commission meetings. NOW THEREFORE, THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, ORDERS, RESOLVES AND DECLARES AS FOLLOWS: Section 1. The Bylaws of the Commission are hereby amended to read as provided in the Amended and Restated Bylaws, attached hereto as Exhibit A. Page 373 of 658 RESOLUTION NO. HA__________ PASSED, APPROVED AND ADOPTED by the Palm Desert Housing Authority, this 9th day of June 2022 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, CHAIRMAN ATTEST: ANTHONY J. MEJIA, SECRETARY Page 374 of 658 RESOLUTION NO. HA__________ EXHIBIT A AMENDED AND RESTATED BYLAWS OF THE PALM DESERT HOUSING COMMISSION ARTICLE I - THE HOUSING COMMISSION Section 1. Name of Commission. The name of the Housing Commission shall be the "Palm Desert Housing Commission". Section 2. Office of Commission. The office of the Housing Commission shall be at the offices of the City of Palm Desert. Section 3. Governing Body. The members of the Housing Commission shall be appointed by the City Council of the City of Palm Desert and shall constitute the governing body of the Housing Commission, and each member shall be known as a Housing Commissioner. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Housing Commission shall be a Chairman, a Vice-Chairman, a Secretary, and an Executive Director. Section 2. Chairman. The Chairman shall be the member of the Housing Commission elected by vote of the Housing Commission to hold the office of Chairman. The Chairman shall preside at all meetings of the Housing Commission. Section 3. Vice-Chairman. The Vice-Chairman shall be the member of the Housing Commission elected by vote of the Housing Commissioners to hold the office of Vice-Chairman. The Vice-Chairman shall perform the duties of Chairman in the absence of the Chairman. Section 4. Secretary. The Secretary shall be the City Clerk of the City of Palm Desert or the City Clerk's designee. The Secretary shall keep the records of the Housing Commission, shall act as Secretary of the meetings of the Housing Commissioners and record all votes, shall keep a record of the proceedings of the Housing Commission in the form of minutes to be kept for such purpose, and shall perform all duties incident to the office of Secretary. The Secretary may attest to signatures of other officers of the Housing Commission. Section 5. Executive Director. The Executive Director shall be the then current Executive Director of the Palm Desert Housing Authority. The Executive Director shall conduct day-to-day administration of the business and affairs of the Housing Commission, subject to the direction of the Housing Commission. The Executive Director may appoint a deputy to perform such duties of the Executive Director as may be delegated to such deputy from time to time by the Executive Director. Notice of such appointment shall be given in writing to the Secretary and shall be effective as of the date of such notice. ARTICLE Ill - MEETINGS Section 1. Regular Meetings. Regular meetings shall be held on the second Page 375 of 658 RESOLUTION NO. HA__________ Wednesday of each month at 3:30 p.m. at the offices of the City of Palm Desert. The Executive Director and the Chairman may determine that the Housing Commission does not have any business to conduct at a regular meeting and cancel such regular meeting. In no event shall the Chairman cancel more than two consecutive regular meetings without prior approval of the Commission. Adjournment of a regular meeting for lack of a quorum shall not constitute a cancellation by the Chairman for the purposes of the previous sentence. Section 2. Applicability of Ralph M. Brown Act. Meetings of the Housing Commissioners shall be held, notice given, and the business of the Housing Commission conducted, all as provided in the Ralph M. Brown Act, being California Government Code Section 54550, et seq. Section 3. Quorum. Four members of the Housing Commission shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. Action may be taken by the Housing Commission upon a vote of a majority of a quorum, unless a higher vote is required by these Bylaws, a resolution of the Housing Commissioners or applicable provisions of California law. Section 4. Manner of Voting. The manner of voting on resolutions and on other matters shall be as prescribed by the Chairman. ARTICLE IV - AMENDMENTS Section 1. Amendments to Bylaws. The Bylaws of the Housing Commission may be amended by a resolution of the Housing Authority and by a resolution of the Housing Commission. Page 376 of 658 Page 1 of 2 PALM DESERT HOUSING AUTHORITY STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Jessica Gonzales, Senior Management Analyst REQUEST: ADOPT A RESOLUTION ESTABLISHING DATES FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION DURING THE FISCAL YEAR 2022-2023. RECOMMENDATION: Waive further reading and adopt a Resolution establishing dates for regular meetings of the Palm Desert Housing Commission during the fiscal year 2022-2023. BACKGROUND/ANALYSIS: On June 27, 2019, the Board of the Palm Desert Housing Authority (the “Authority”) considered and adopted Resolution No. HA-93 amending and restating the Bylaws of the Palm Desert Housing Commission (“Commission”). The Commission’s Bylaws identify when the regular meetings will be held each month. On an annual basis, the Commission has adopted the schedule of its regular meeting for the calendar year so that Members could calendar them and plan accordingly for other important events and activities throughout the year. In 2020, legal counsel recommended that going forward, it is best to set in advance the Commission’s schedule of its regular meetings by resolution. Pending staff’s recommendation that the regular meeting day be moved to the second Wednesday of the month, as long as it is mutually acceptable to the Housing Commission, the adoption of this resolution would memorialize the acceptance by the Housing Commission and provide the public advance notice of the meeting schedule for the fiscal year 2022/2023. The attached resolution provides a schedule of the second Wednesday dates generally, allowing Commission, the public, and staff to plan accordingly for the conduct of Authority business and any required noticing. The FY 2022/2023 schedule considers the routine practice of cancelling the meeting in August for a summer recess. Lastly, while adoption of this resolution sets the regular meeting schedule, it is also understood that if Authority business needs to be conducted, the Authority Board retains authority to convene or suspend a meeting on any date that is not listed herein. Staff recommends the Authority adopt the attached resolution. Strategic Plan: This request represents routine administrative business of the Palm Desert Housing Authority. This request does not apply directly to a specific strategic plan goal. Page 377 of 658 City of Palm Desert Housing Authority – Resolution to Set FY 22/23 Schedule for Regular Housing Commission Meetings Page 2 of 2 Commission Recommendation: The Housing Commission will review this recommendation at its regular meeting on June 1, 2022. Upon request, a verbal report will be provided at the Authority’s regular meeting on June 9, 2022. FINANCIAL IMPACT: There is no direct fiscal impact with this request. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine Executive Director: L. Todd Hileman ATTACHMENTS: 1. Resolution No. HA-_________, including Exhibit A, FY 2022/2023 Schedule for Regular Housing Commission Meetings Page 378 of 658 RESOLUTION NO. __________ A RESOLUTION OF THE PALM DESERT HOUSING AUTHORITY, SETTING THE SCHEDULE FOR REGULAR MEETINGS OF THE PALM DESERT HOUSING COMMISSION IN FISCAL YEAR 2022-2023 THE PALM DESERT HOUSING AUTHORITY HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the Palm Desert Housing Authority (the “Authority”) has established the time, place, and conduct for the Palm Desert Housing Commission (the “Commission”) regular meetings on the first Wednesday each month, pursuant to the Palm Desert Housing Commission Bylaws adopted by Resolution HA-93; and WHEREAS, it has been acknowledged that the Commission wishes to adopt a set annual schedule of regular meetings; and WHEREAS, the schedule will primarily follow the recognized routine of meetings on the first Wednesday of each month, with some limited exceptions to account for holidays and events where the Commission or the Authority Board members would be absent from a regular scheduled meeting, resulting in less than the full Commission or Authority Board members or the complete lack of a quorum on certain dates. NOW, THEREFORE, BE IT RESOLVED by the Palm Desert Housing Authority that: SECTION 1. Commission regular meetings will be held generally on the second Wednesday of each month, pursuant to the Palm Desert Housing Commission Bylaws, as amended from time to time, in the Community Development Conference Room located at the Palm Desert Civic Center, 73510 Fred Waring Drive, Palm Desert, California, with some limited exceptions, with all regular meetings in fiscal year 2022/2023 to be held as specified herein on the attached Exhibit "A." SECTION 2. Each regular meeting will be convened at 3:30 p.m. to consider the items listed as such on the posted agenda for the regular meeting on that date. BE IT FURTHER RESOLVED that the Housing Commission Chair is hereby given authority to take up items on the agenda in the order deemed most appropriate in consideration of public interest and/or time constraints. Page 379 of 658 RESOLUTION NO. ____________ PASSED, APPROVED AND ADOPTED by the Palm Desert Housing Authority, this 9th day of June 2022 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: JAN C. HARNIK, CHAIRMAN ATTEST: ANTHONY J. MEJIA, SECRETARY Page 380 of 658 RESOLUTION NO. ____________ EXHIBIT A FISCAL YEAR 2022-2023 PALM DESERT HOUSING COMMISSION REGULAR MEETINGS MONTH July DAY 13 YEAR 2022 August 10 2022 September 14 2022 October 12 2022 November 9 2022 December 14 2022 January 11 2023 February 8 2023 March 8 2023 April 12 2023 May 10 2023 June 14 2023 Page 381 of 658 [This page has intentionally been left blank.] Page 382 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Andy Ramirez, Deputy Director of Public Works Bertha A. Gonzalez, Management Analyst REQUEST: AWARD A CONTRACT FOR JANITORIAL SERVICES AT CITY-OWNED FACILITIES TO MERCHANTS BUILDING MAINTENANCE, LLC., OF POMONA, CALIFORNIA, FOR THE ANNUAL AMOUNT OF $436,743.97 (PROJECT NO. 771-23) RECOMMENDATION: 1. Award a five-year contract, for Janitorial Service at City-Owned Facilities to Merchants Building Maintenance, LLC., of Pomona, California, for the annual amount of $436,743.97 (Project No. 771-23). 2. Authorize extra services for unforeseen circumstances in the annual amount of $10,000. 3. Authorize the City Manager or designee to review and approve written contract amendments and change order requests for unanticipated conditions per Section 3.30.170 of the Palm Desert Municipal Code. 4. Authorize the City Manager to execute the subject contract. BACKGROUND/ANALYSIS: The Facilities Janitorial Services contract includes services to City Hall, Corporation Yard, Portola Community Center, Sheriff’s Dispatch and Training Center, Parkview Office Complex, State Building, and Henderson Building. For this fiscal year, staff has included services to the IHub Building. The current contract for Janitorial Services is set to expire on June 30, 2022; therefore, staff advertised a Request for Proposals on the City of Palm Desert’s bidding portal, OpenGov. Three proposals were received electronically on May 17, 2022; however, only two companies attended the Mandatory Pre-Proposal Meeting of April 27, 2022; therefore, the third proposal was deemed unresponsive. A selection committee that included Public Works staff members reviewed the proposals and ranked them as follows: Company Name City Rating Merchants Building Maintenance, LLC Pomona, CA 67.67 Elite Customs Construction San Jacinto, CA 62.67 As identified in the table above, although their fees were not the lowest of the two responsive, staff determined that Merchants Building Maintenance, LLC (Merchants) is the most qualified contractor to perform the services requested based on: Clarity and Conformance to the RFP, Content of the Proposal, Experience, References, and Fees. In particular, Merchants’ resume Page 383 of 658 City of Palm Desert Award Contract to Merchants for Janitorial Services Page 2 of 2 includes several years of professional janitorial experience working for municipal governments and other large entities. Staff contacted references provided by Merchants, which included the City of La Quinta. La Quinta’s Facilities Superintendent indicated that the vendor is responsive, professional, and performs satisfactorily the scope of services outlined in their agreement. Additionally, Merchants is trained with providing COVID-19 cleaning services. Therefore, staff recommends awarding the contract to Merchants Building Maintenance, LLC., for a term of five years, commencing July 1, 2022, with an option of three one-year extensions. Strategic Plan: Providing janitorial service to City-owned facilities is an ongoing operations and maintenance function and, as such, does not directly contribute to the objectives of the Strategic Plan. FINANCIAL IMPACT: The Public Works proposed operating budget for Fiscal Year 2022-23 includes a total of $450,000 in various building maintenance operating accounts for janitorial services. The annual cost of this contract including extra work totals less than the budgeted amount. Therefore, there is no further financial impact on the general fund beyond the contract amount. The following table indicates the cost for janitorial services over the past three years and the cost for next fiscal year: Fiscal Year 19/20 Fiscal Year 20/21 Fiscal Year 21/22 Fiscal Year 22/23 $293,683.92 $293,683.92 $366,200.00 $436,743.97 *Last three years did not include services to the iHub Building which now incorporated for FY 22/23 REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: Todd Hileman ATTACHMENTS: 1. Agreement 2. Payment & Performance Bonds 3. Contractor’s Proposal Page 384 of 658 Revised 11-2-20 BBK 72500.00001\32374943.1 - 1 - CONTRACT NO. _____________ CITY OF PALM DESERT MAINTENANCE SERVICES AGREEMENT CITY FACILITIES JANITORIAL SERVICES 1. PARTIES AND DATE. This Agreement is made and entered into this 9th day of June, 2022, 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- 2578, County of Riverside, State of California (“City”) and Merchants Building Maintenance, LLC., a Limited Liability Company, with its principal place of business at 1995 West Holt Avenue, Pomona, CA 91768 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement. 2. RECITALS. 2.1 Contractor. Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement. Contractor represents that it is experienced in providing maintenance services to public clients, that it and its subcontractors have all necessary licenses and permits to perform the services in the State of California, and that it is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 2.2 Project. City desires to engage Contractor to render such services for the City Facilities Janitorial Services project (“Project”) as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Contractor 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 maintenance services necessary for the Project (“Services”). The Services are more particularly described in Exhibit “A” attached hereto and incorporated herein by reference. 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. 3.1.2 Term. The term of this Agreement shall be from July 1, 2022, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Page 385 of 658 Contract No. __________________ - 2 - 3.2 Responsibilities of Contractor. 3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Any personnel performing the Services under this Agreement on behalf of Contractor shall not be employees of City and shall at all times be under Contractor’s exclusive direction and control. Contractor 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. Contractor 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. Contractor shall perform the Services in a prompt and timely manner in accordance with the Schedule of Services set forth in Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. 3.2.4 City’s Representative. The City hereby designates the Deputy Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Agreement except for increasing compensation. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee. 3.2.5 Contractor’s Representative. Contractor hereby designates Angel Meza, Regional Vice President, or his or her designee, to act as its representative for the performance of this Agreement (“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s Representative shall supervise and direct the Services, using his 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. 3.2.6 Coordination of Services. Contractor 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 reasonable times. 3.2.7 Standard of Care; Performance of Employees. Contractor 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. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, Page 386 of 658 Contract No. __________________ - 3 - including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Contractor 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 Contractor’s failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 Contractor and shall not be re-employed to perform any of the Services or to work on the Project. 3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”). Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of Two Hundred Fifty Dollars ($250.00) per day for each and every calendar day of delay beyond the Performance Time or beyond any completion schedule or Project milestones established pursuant to this Agreement. 3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do, or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided by law. 3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor 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. Contractor shall be liable for all violations of such laws and regulations in connection with the Services and this Agreement. All violations of such laws and regulations shall be grounds for the City to terminate the Agreement for cause. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. 3.2.10.1 Employment Eligibility; Contractor. Contractor certifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time and shall require all subconsultants and sub-subconsultants to comply with the same. Contractor certifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement and shall not violate any such law at any time during the term of the Agreement. Page 387 of 658 Contract No. __________________ - 4 - 3.2.10.2 Labor Certification. By its signature hereunder, Contractor 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. 3.2.10.3 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer, and it shall not discriminate against any subcontractor, 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. Contractor shall comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. 3.2.10.4 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement. 3.2.10.5 Water Quality Management and Compliance. To the extent applicable, Contractor’s Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City’s ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor to penalties, fines, or additional regulatory requirements. 3.2.11 Insurance. 3.2.11.1 Minimum Requirements. Without limiting Contractor’s indemnification of City, and prior to commencement of the Services, Contractor 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 that is satisfactory to City. (A) General Liability Insurance. Contractor 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. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. Page 388 of 658 Contract No. __________________ - 5 - (B) Automobile Liability Insurance. Contractor 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 Contractor 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. The City’s Risk Manager may modify this requirement if it is determined that Consultant will not be utilizing a vehicle in the performance of his/her duties under this Agreement. (C) Umbrella or Excess Liability Insurance. Contractor may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Contractor may obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: (a) A drop-down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason; (b) Pay on behalf of wording as opposed to reimbursement; (c) Concurrency of effective dates with primary policies; and (d) Policies shall “follow form” to the underlying primary policies. (e) Insureds under primary policies shall also be insureds under the umbrella or excess policies. (D) Workers’ Compensation Insurance. Contractor shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. (E) Fidelity Coverage. (F) Cyber Liability Insurance. Reserved . (G) Pollution Liability Insurance. 3.2.11.2 Other Provisions and Requirements. (A) Proof of Insurance. Contractor 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 endorsements Page 389 of 658 Contract No. __________________ - 6 - must be approved by City’s Risk Manager prior to commencement of performance. 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. (B) Duration of Coverage. Contractor 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 Contractor, his/her agents, representatives, employees or subconsultants. (C) Primary/Non-Contributing. Coverage provided by Contractor shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect it as a named insured. (D) 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 has the right, but not the duty, to obtain the insurance it deems necessary, and any premium paid by City will be promptly reimbursed by Contractor, or City will withhold amounts sufficient to pay premium from Contractor payments. In the alternative, City may cancel this Agreement. (E) Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. (F) Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, and shall require similar written express waivers and insurance clauses from each of its subcontractors. (G) Enforcement of Contract Provisions (non estoppel). Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. (H) 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 Page 390 of 658 Contract No. __________________ - 7 - other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. (I) Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker and insurers to provide City 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. (J) Additional Insured Status. General liability, automobile liability, and if applicable, pollution liability and cyber liability, policies shall provide or be endorsed to provide that the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies. (K) Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. (L) Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. (M) Pass Through Clause. Contractor agrees to ensure that its sub-consultants, sub-contractors, and any other party involved with the Project who is brought onto or involved in the project by Contractor, provide the same minimum insurance coverage and endorsements required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the Project will be submitted to City for review. (N) City’s Right to Revise Specifications. The City or its Risk Manager reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in cost to the Contractor, the City and Contractor may renegotiate Contractor’s compensation. If the City reduces the insurance requirements, the change shall go into effect immediately and require no advanced written notice. (O) 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. (P) Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor’s performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. Page 391 of 658 Contract No. __________________ - 8 - (Q) Additional Insurance. Contractor 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. 3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. 3.2.13 Bonds. 3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City. 3.2.13.3 Bond Provisions. Should, in City’s sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within ten (10) days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause. 3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The Page 392 of 658 Contract No. __________________ - 9 - surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City. 3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor 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. 3.2.15 Work Sites. 3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowances–time or money–will be allowed as to such matters after commencement of the Services. 3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition. 3.2.15.3 Hazardous Materials and Differing Conditions. Should Contractor encounter material reasonably believed to be polychlorinated biphenyl (PCB) or other toxic wastes, hazardous substances and hazardous materials as defined in California state or federal law at the site which have not been rendered harmless, the Contractor shall immediately stop work at the affected area and shall report the condition to the City in writing. The City shall contract for any services required to directly remove and/or abate PCBs, hazardous substances, other toxic wastes and hazardous materials, and shall not require the Contractor to subcontract for such services. The Services in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor. 3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City. 3.2.17 Warranty. Contractor warrants all Services under the Agreement (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Agreement or in any guarantee or Page 393 of 658 Contract No. __________________ - 10 - warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Agreement, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct defective work shall be reinstated for an additional one (1) year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Agreement. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Agreement, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. 3.3 Fees and Payments. 3.3.1 Compensation. Contractor 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 annual compensation shall not exceed Four Hundred Thirty-Six Thousand Seven Hundred Forty-Three Dollars and 97/00 ($436,743.97) without written approval of the City Council or City Manager, as applicable. 3.3.2 Payment of Compensation. Contractor shall submit to City monthly invoices which provides a detailed description of the Services and hours rendered by Contractor. City shall, within thirty (30) days of receiving such statement, review the statement and pay all non-disputed and approved charges. Contractor shall submit its final invoice to City within thirty (30) days from the last date of provided Services or termination of this Agreement and failure by the Contractor to submit a timely invoice shall constitute a waiver of its right to final payment. Payment shall not constitute acceptance of any Services completed by Contractor. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, Page 394 of 658 Contract No. __________________ - 11 - including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums. 3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City. 3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor 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. Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City’s Representative. 3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $15,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at the Contractor’s principal place of business and at the Project site. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4. 3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Services, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any claim or Page 395 of 658 Contract No. __________________ - 12 - liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor. 3.4 Termination of Agreement. 3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. 3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request. 3.4.3 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 General Provisions. 3.5.1 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: Contractor: Merchants Building Maintenance, LLC. 1995 West Holt Avenue Pomona, CA 91768 Attn: Angel Meza, Regional Vice President City: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260-2578 Attn: Andy Ramirez, Public Works Department Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.5.2 Indemnification. Page 396 of 658 Contract No. __________________ - 13 - 3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys’ fees and other related costs and expenses except such Claims caused by the sole or active negligence or willful misconduct of the City. 3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor shall reimburse the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the Contractor, the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives. 3.5.3 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all Agreement requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. 3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project. Page 397 of 658 Contract No. __________________ - 14 - 3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.5.7 Assignment or Transfer. Contractor 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. 3.5.8 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to the City include its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives except as 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. 3.5.9 Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.5.10 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. 3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed by the Parties. 3.5.12 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. 3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, 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. 3.5.14 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. Page 398 of 658 Contract No. __________________ - 15 - 3.5.15 Authority to Enter Agreement. Contractor 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. 3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.5.17 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. [SIGNATURES ON NEXT PAGE] Page 399 of 658 Contract No. __________________ Exhibit A - 1 SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND MERCHANTS BUILDING MAINTENANCE, LLC. IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF PALM DESERT By: L. Todd Hileman City Manager ATTEST: By: Anthony J. Mejia City Clerk APPROVED AS TO FORM: By: Best Best & Krieger LLP City Attorney MERCHANTS BUILDING MAINTENANCE A LIMITED LIABILITY COMPANY By: Its: Printed Name: ____________________________________ Contractor’s License Number and Classification ____________________________________ DIR Registration Number (if applicable) QC Insurance ID: _____________ __________ __________ Page 400 of 658 Contract No. __________________ Exhibit A-2 EXHIBIT “A” SCOPE OF SERVICES Location of Work. The project sites are listed below: • 37-023 Cook Street (iHUB Facility) • 45-480 Portola Avenue (Portola Community Center) • 72-559 HWY 111 (Henderson Community Center) • 73-510 Fred Waring Drive (City Hall) • 73-520 Fred Waring Drive (Palm Desert Sheriff Substation) • 73-710 Fred Waring Drive (Parkview Office Complex-Two Story Building) • 73-720 Fred Waring Drive (State Building-Single Story Building) • 74-705/74-605 42nd Avenue (Corporation Yard) Refer to attached maps (Appendix B) for general layout of City facilities and for specific area requiring janitorial services. Contractor must demonstrate the specialized knowledge, skills, and abilities necessary to successfully and effectively perform the scope of services as defined below. The specific services to be performed are identified on the Frequency Schedules in Appendix A of the contract specifications. Contractor shall be responsible for certain day-to-day janitorial activities at the City facilities listed above. Duties shall include, but not necessarily be limited to: furnishing all labor and equipment to perform daily janitorial services, Monday through Friday. The list of tasks in Appendix A is not comprehensive but covers the primary daily tasks. City reserves the right to occasionally request similar work to be performed which is not explicitly listed herein without additional cost. Page 401 of 658 Contract No. __________________ Exhibit B - 1 EXHIBIT “B” SCHEDULE OF SERVICES The term of this Agreement shall be from July 1, 2022, to June 30, 2027, unless earlier terminated as provided herein. The City shall have the unilateral option, at its sole discretion, to renew this Agreement automatically for no more than three (3) additional one-year terms. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. Page 402 of 658 Contract No. __________________ Exhibit D - 1 EXHIBIT “C” COMPENSATION [In the event that this Agreement is renewed pursuant to Section 3.1.2, the rates set forth above may be increased or reduced each year at the time of renewal, but any increase shall not exceed the Consumer Price Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties.] Page 403 of 658 PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded to Merchants Building Maintenance, LLC., (hereinafter referred to as the “Contractor”) an agreement for Janitorial Services at City-Owned Facilities, Project No. 771-23 (hereinafter referred to as the “Project”). WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated June 9, 2022, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents. NOW, THEREFORE, we, Merchants Building Maintenance, the undersigned Contractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the annual sum of Four Hundred Thirty-Six Thousand Seven Hundred Forty-Three Dollars and 97/00 ($436,743.97), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its elected or appointed officers, and their respective agents, officials, employees, volunteers and representatives, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15. Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option: Page 404 of 658 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or (2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. (3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor. Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Page 405 of 658 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20____. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________. (The above must be filled in by corporate attorney.) THIS IS A REQUIRED FORM Any claims under this bond may be addressed to: (Name and Address of Surety) (Name and Address of Agent or Representative for service of process in California, if different from above) (Telephone number of Surety and Agent or Representative for service of process in California) NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Page 406 of 658 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 407 of 658 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 408 of 658 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS That WHEREAS, the City of Palm Desert (hereinafter designated as the “City”), by action taken or a resolution passed June 9, 2022, has awarded to Merchants Building Maintenance, LLC. hereinafter designated as the “Principal,” a contract for the work described as follows: Janitorial Services at City-Owned Facilities, Project No. 771-23 (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated June 9, 2022, (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth. NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal annual sum of Four Hundred Thirty-Six Thousand Seven Hundred Forty-Three Dollars and 97/00 ($436,743.97) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses. This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement Page 409 of 658 pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code. [SIGNATURES ON NEXT PAGE] Page 410 of 658 IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__. (Corporate Seal) Contractor/ Principal By Title (Corporate Seal) Surety By Attorney-in-Fact (Attach Attorney-in-Fact Certificate) Title Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so much be attached hereto. NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto. Page 411 of 658 NOTE: This acknowledgment is to be completed for Contractor/Principal. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 412 of 658 NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of- Attorney to local representatives of the bonding company must also be attached. Notary Acknowledgment A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ______________ On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual  Corporate Officer Title(s) Title or Type of Document  Partner(s)  Limited  General Number of Pages  Attorney-In-Fact  Trustee(s)  Guardian/Conservator Date of Document  Other: Signer is representing: Name Of Person(s) Or Entity(ies) Signer(s) Other Than Named Above Page 413 of 658 City of Palm Desert PW - Operations & Maintenance Andy Ramirez, Deputy Director 73-510 Fred Waring Drive, Palm Desert, CA 92260 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-114 Janitorial Services at City-Owned Facilities RESPONSE DEADLINE: May 17, 2022 at 2:00 pm Report Generated: Thursday, May 19, 2022 Merchants Building Maintenance, LLC. Proposal CONTACT INFORMATION Company: Merchants Building Maintenance, LLC. Email: angel@mbmonline.com Contact: Angel Meza Address: 1995 West Holt Avenue Pomona, CA 91768 Phone: (909) 622-8260 Ext: 185 Website: N/A Submission Date: May 15, 2022 3:23 PM Page 414 of 658 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-114 Janitorial Services at City-Owned Facilities PROPOSAL DOCUMENT REPORT Request For Proposal - Janitorial Services at City-Owned Facilities Page 2 ADDENDA CONFIRMATION Addendum #1 Confirmed May 10, 2022 7:21 PM by Angel Meza Addendum #2 Confirmed May 10, 2022 7:21 PM by Angel Meza QUESTIONNAIRE 1. Proposal (WITHOUT COST)* Proposals shall be concise, well organized and demonstrate qualifications and applicable experience. Proposals shall be organized, and include page numbers for all pages in the proposal. The proposal shall be uploaded here, in the following order and shall include: A. Cover Letter 1. This letter should briefly introduce the firm, summarize the firm’s general qualifications, include an executive summary of the specific approach which will be used to deliver the work scope; and identify the individual(s) name, address and phone number authorized to negotiate Agreement terms and compensation. B. Experience and Technical Competence 1. Background: Provide history of the firm’s consulting experience which specifically addresses the individual or firm’s experience with similar Service as described in this RFP. 2. References: The proposal shall include a list of recently completed projects that are similar in scope and function to this RFP. Provide a description of the project, client name, and the name, title, and telephone number of the primary contact person. C. Firm Staffing and Key Personnel Page 415 of 658 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-114 Janitorial Services at City-Owned Facilities PROPOSAL DOCUMENT REPORT Request For Proposal - Janitorial Services at City-Owned Facilities Page 3 1. Staffing: Provide the number of staff to be assigned to perform the Services and the names/discipline/job title of each as well as your firm’s capacity to provide additional personnel as needed. 2. Key Personnel: Identify key persons that will be principally responsible for working with the City. Indicate the role and responsibility of each individual. 3. Team Organization: Describe proposed team organization, including identification and responsibilities of key personnel. 4. Subcontractors: The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor that is anticipated to perform each function. D. Proposed Method to Accomplish the Work 1. Describe the technical and management approach to providing the Services to the City. Proposer should take into account the scope of the Services, and general functions required. Include a draft first year schedule of tasks, milestones, and deliverables that will provide for timely provision of the Services. In reviewing the scope of Services and goals described herein, the Proposer may identify additional necessary tasks and is invited to bring these to the City’s attention within the discussion of its proposed method to accomplish the work. City_of_Palm_Desert_RFP2022-114.pdf 2. Non-Collusion Declaration* The undersigned declares: I am an authorized representative of my company, the party making the foregoing Bid, to certify the following. The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, so ught by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The B idder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or Page 416 of 658 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-114 Janitorial Services at City-Owned Facilities PROPOSAL DOCUMENT REPORT Request For Proposal - Janitorial Services at City-Owned Facilities Page 4 data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose. Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does exec ute, this declaration on behalf of the Bidder. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Confirmed 3. Iran Contracting Act Certification* (Public Contract Code section 2200 et seq.) As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option selected below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Sectio n 2200 et seq.) is true and correct. Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorn ey General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the C ontract and/or ineligibility to bid on contracts for three years. The Contractor is not identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or a financial instruction that extends, for 45 calendar days or more, credit in the amount of $20,000,000 or more to any other person or en tity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or wi ll use the credit to provide goods or services in the energy sector in Iran. 4. Litigation* Provide litigation history for any claims filed by your firm or against your firm related to the provision of Services in the last five (5) years (or type "N/A"). Page 417 of 658 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-114 Janitorial Services at City-Owned Facilities PROPOSAL DOCUMENT REPORT Request For Proposal - Janitorial Services at City-Owned Facilities Page 5 N/A 5. Changes to Agreement* The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify any objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are identifying changes here ALSO upload a copy of the redlined Language/Agreement with your Proposal. Changes requested may effect the City's decision to enter into an Agreement. N/A 6. No Deviations from the RFP* In submitting a proposal in response to this RFP, Proposer is certifying that it takes no exceptions to this RFP including, but not limited to, the Agreement. If any exceptions are taken, such exceptions must be clearly noted here, and may be reason for rejection of the proposal. As such, Proposer is directed to carefully review the proposed Agreement and, in particular, the insurance and indemnification provisions therein (or type "N/A"). N/A 7. Project Team Resumes* Submit resumes of all key personnel/support staff that will produce work product for the Services. Describe their qualificati ons, education, and professional licensing. Personnel_Resumes.pdf 8. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accordance with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.* Confirmed Page 418 of 658 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-114 Janitorial Services at City-Owned Facilities PROPOSAL DOCUMENT REPORT Request For Proposal - Janitorial Services at City-Owned Facilities Page 6 PRICE TABLES CONTRACTOR'S PROPOSAL ANNUAL COST Line Item Description Quantity Unit of Measure Unit Cost Total 1 Corporation Yard 12 Per Month $2,667.976 $32,015.712 2 Palm Desert City Hall 12 Per Month $7,968.021 $95,616.252 3 Portola Community Center 12 Per Month $1,347.876 $16,174.512 4 iHUB Building 12 Per Month $1,551.112 $18,613.344 5 Sheriff Substation 12 Per Month $7,943.772 $95,325.264 6 Parkview Office Complex 12 Per Month $7,943.772 $95,325.264 7 State Building 12 Per Month $5,984.703 $71,816.436 8 Henderson Community Center 12 Per Month $988.099 $11,857.188 TOTAL $436,743.97 ADDITIONAL WORK PRICE SHEET Line Item Description Quantity Unit of Measure Unit Cost Total 1 Additional Supervisor 1 Per Hour $30.00 $30.00 2 Additional Laborer 1 Per Hour $28.00 $28.00 Page 419 of 658 PROPOSAL DOCUMENT REPORT RFP No. 2022-RFP-114 Janitorial Services at City-Owned Facilities PROPOSAL DOCUMENT REPORT Request For Proposal - Janitorial Services at City-Owned Facilities Page 7 Line Item Description Quantity Unit of Measure Unit Cost Total 3 Window Cleaner 1 Per Hour $45.00 $45.00 4 Carpet Cleaner 1 Per Hour $38.00 $38.00 5 Overtime Rate 1 Per Hour $42.00 $42.00 Page 420 of 658 1 | P a g e Page 421 of 658 2 | P a g e RFP No. 2022-114: Project No. 771-23 Janitorial Services at City Owned Facilities City of Palm Desert 73-510 Fred Waring Drive Palm Desert, CA 92260 Thank you for including Merchants Building Maintenance in your request for a cleaning proposal. We are pleased to submit the following proposal for janitorial services at your facility in response to your recent inquiry. We believe this proposal offers you a high quality cost effective solution to your cleaning needs. Merchants Building Maintenance has wide-ranging experience in servicing your industry and we can be an excellent partner for your company. We do all we can to exceed your expectations and take pride in customer satisfaction. If there is any additional information we may provide, please do not hesitate to contact us. All of us at Merchants Building Maintenance look forward to the opportunity of working with you. Sincerely, Angel Meza Regional Vice President (213) 494-8805 angel@mbmonline.com Merchants Building Maintenance, LLC 1995 W Holt Ave Pomona, CA 91768 (909) 622-8260 Page 422 of 658 3 | P a g e OUR CERTIFICATES Women Owned Business Certification Merchants Building Maintenance is certified as a Women-Owned Business by the Women’s Business Enterprise National Council. WBENC's world-class certification is accepted by more than 1,000 corporations representing America's most prestigious brands, in addition to many states, cities and other entities. WBENC Certification validates that a business is 51 percent owned, controlled, operated, and managed by a woman or women. To achieve WBENC Certification, women owned businesses complete a formal documentation and site visit process which is administered by one of WBENC's 14 regional partner organizations. CIMS & CIMS Green Building Certification with Honors Merchants Building Maintenance has been awarded both CIMS and CIMS Green Building Certification with Honors. With these certifications, Merchants has established its capability to deliver not only consistent quality service but also to provide green cleaning services and help customers achieve points under the LEED Green Building Rating System. These certifications give us the tools and programs to boost productivity while continuing to provide high quality, sustainable services that protect occupant health and meet customer demands. Our CIMS certifications help us better run our contract cleaning service by positioning our employees as experts in their field. Page 423 of 658 4 | P a g e In order to deliver a consistently valuable service to our customers, we believe we must “inspect what you expect.” We provide incentives to all levels of our organization to help foster a culture of quality service. We set high standards and continually measure our performance to maintain those standards. We utilize advanced and refined processes to deliver high quality cleaning to each of our clients. In addition to our ongoing management and supervision, Regular Daytime Inspections are conducted by one of our full-time quality control representatives on as frequent of a basis as the client requires, whether that be weekly, monthly or quarterly. The result of these inspections, along with any comments by your personnel or tenants, will be reported immediately to management for our prompt action and follow through. Our quality control inspectors are independent of line management and supervision. This independence allows them to be as objective as possible in their assessment of the quality of the service. The completed Quality Control Form is submitted to the Branch Manager, Regional Operations Manager and Regional Vice President of Merchants after each visit to your facility. Our management then evaluates the information and takes any corrective actions that may be needed to rectify any areas of concern. Our Quality Control Inspectors communicate directly with your tenants or personnel and make sure that their concerns are addressed before they become a problem. Their requests are noted on the report which can be made available to you so that you are aware of them. QUALITY CONTROL FORM Our Quality Control Form is specially created to meet the needs of each customer location. Each of our employees is educated on the quality control procedures to keep the level of service and communication to our standards. We carefully document all processes of the site inspection to ensure the quality of our services. QUALITY CONTROL & PERFORMANCE We Inspect What You Expect Page 424 of 658 5 | P a g e Our employees use emails, phone calls, and personal visits to respond to tenant and managements’ requests, to document concerns and work completed or work to be completed. Our field personnel have smartphones for prompt notification and action response time. These reports can be requested and sent within minutes via email or fax, whichever is preferred by our customers. We use WinTeam for our tracking, reporting and accounting. This software is designed specifically for building service contractors. The system includes modules for payroll, supplies, job costing and work scheduling. We provide our on-site management with computer hardware and software in order to operate with optimal efficiency. With these tools on-site, we can be more responsive and have better control over periodic cleaning tasks. The results of these inspections are normally reviewed with the Branch Manager and then input into our inspection system to be posted to the online spreadsheet. These reports are reviewed with the area management and supervision and are followed up on that night. QUALITY CONTROL & PERFORMANCE Inspections & Reporting Page 425 of 658 6 | P a g e We enter and track work orders from inception to completion. The status of open requests that are scheduled can be reviewed and updated in real time via smartphone or computer. Work orders are generated and dispatched by our staff via email to be sent to our on-site management and supervision. Once the work order is completed, it can be closed immediately within the field. TRACKING ACCOUNTABILITY PERIODIC SERVICES ITINERARY All work requests clearly define who is responsible for the work and the time that is involved in completion. All requests are time stamped, and automatic escalations are triggered by that time, notifying management. This report provides an itinerary of all the upcoming periodic cleaning tasks for the Project Management Team. It is an invaluable tool for making sure that these scheduled tasks are completed. A copy of this report is kept on-site in the log book with a copy sent to your office and our corporate office. COMMUNICATION As the requested cleaning tasks are completed and work orders are closed, the reporting system is updated. Supervisory personnel follow up on service issues and requests to ensure all work is completed to our high standards. Any problems that emerge from this follow up are immediately corrected and the communication loop is then closed only when our customers are absolutely satisfied. QUALITY CONTROL & PERFORMANCE Work Order Tracking Page 426 of 658 7 | P a g e BACKGROUND INVESTIGATION POLICY Page 427 of 658 8 | P a g e MBM Works Real- Time Work Validation System Page 428 of 658 9 | P a g e TEAM CLEANING The trend in the cleaning industry today is Team Cleaning. In team cleaning, individuals are specialists. Each member is responsible for a specific duty rather than performing the removal of trash, dusting, vacuuming, and restroom cleaning within a given area or zone. Within a building, a group of specialists moves through in a systematic method performing specific cleaning tasks. Although there are four types of specialists, a team can be comprised of the appropriate number of specialists for the building’s size and cleaning specifications. The objective is to build a synergistic team that blends resources to accomplish an organization’s goal. The team’s focus is to enhance the image of the facility while simultaneously cleaning effectively, efficiently, and safely. Each team member is assigned specific tools and a job card. The job card lists cleaning tasks, core areas for detail work, designated times, and the specialist’s job description (see enclosed). Each member has a thorough knowledge of his/her functions and responsibilities. As they move through the building, each member is checking and being checked to reduce the number one complaint - missed trash receptacles. LESS TRAINING DOUBLE-CHECK SYSTEM Educating team cleaning specialists requires one- fourth the time of normal training. The cleaning worker has a limited number of duties to learn and can develop efficiency. Furthermore, when a person is absent, the supervisor only needs to demonstrate the duties of the missing specialist. In zone cleaning, a supervisor must teach each new person every task involved in the building. Team members are checking each other’s work as they clean. For example, the Vacuum Specialist follows the Light Duty Specialist and will check for missed trash cans before vacuuming the room. The odds that two members of a team will miss a task are minimal. MOTIVATION Custodians are alone in zone cleaning, but when the team members are working together, they cross each other’s paths. There is an opportunity to communicate and help other members on their team if there is an extra dirty area or one member falls behind. The team has a sense of community, which is reflected in the quality of the work performed. LESS WASTED SUPERVISION TIME If a supervisor needs to find a cleaning worker in the building, the job card indicates the time and location of the custodial worker. This is easier than searching the entire floor or building for individuals. To check the team-cleaned building, the supervisor spot checks two floors and a couple restrooms and he/she can judge the overall quality without checking the entire building. MORE TIME Time is the currency of our industry, and everyone needs more of it. Team cleaning is faster and allows additional time for other cleaning functions to enhance the overall image of the building, or labor hours can be reduced to enable management to become more competitive in the marketplace. COMMUNICATION Team members communicate more easily and more often than people working in zones. They are working together for a common cause, helping each other accomplish defined objectives. PERSONNEL PRACTICES Total Quality Management Approach Page 429 of 658 10 | P a g e OUR MANAGERS Merchants management group is a knowledgeable team with many decades of experience dedicated to providing efficient, quality performance and maintenance of our contract obligations. Our management works closely with all levels of our supervision and your representative to ensure customer satisfaction. Our managers have proven leadership skills including planning, organizing, leading and coordinating activities. They establish goals and focus on communicating those goals to their staff to accomplish them. Participation in management techniques, employee relations and hands on field training are all part of the Merchants Building Maintenance management program. OUR SUPERVISORS Merchants supervisors oversee the productivity and progress of employees who report directly to them. Supervision is a management activity and supervisors have a management role in the organization. Our supervisors use the following methods to support employees’ efforts:  Management skills - make decisions, plan, problem solve and delegate.  Organize their department and teams.  Design new job roles if needed.  Hire and train new employees.  Observe employee performance and provide feedback.  Adhere to personnel practices. EMPLOYEE RELATIONS MANAGER Our in-house Employee Relations Manager (ERM) is designated primarily to the employees in the field. Open lines of communication are encouraged with team building in mind as well as individual attention. The ERM makes frequent site visits and conducts regular training and is available for clerical questions, problem resolution, translation and general inquiries. The ERM is also in charge of the ESL (English as a Second Language) program that is available to all Merchants employees who may want to advance their language skills to better communicate with our clients. PERSONNEL PRACTICES Management, Supervision and Quality Control Page 430 of 658 11 | P a g e MAINTAINING A SAFE AND HEALTHFUL ENVIRONMENT Creating a safe work environment enables us to realize cost savings which we use to fund our Safety Training Program. The fund pays for our Safety and Training Manager, Worker’s Compensation Bonus, and our Safety Lotto. A partner who understands the value that these systems can add to your facility and operations is crucial to the success of the program. SAFETY DEPARTMENT SAFETY TRAINING Our in-house Safety Director is a specialist in the field of work place safety and is accessible to the employees and our clients. In addition, he conducts on-site inspections to guarantee that the procedures are being administered properly. All employees receive an employee orientation and training manual with live instruction and demonstrations of the procedures. DRIVER SAFETY PROGRAM Driver record checks are performed before any employee begins driving a company vehicle. A valid driver’s license is a mandatory requirement. Each vehicle is numbered and is equipped with a GPS tracker system which is monitored by our Safety Department. OSHA To ensure OSHA requirements are being met, we use and monitor a tracking log at each of our locations. MONTHLY MEETINGS Driver record checks are performed before any employee begins driving a company vehicle. A valid driver’s license is a mandatory requirement. Each vehicle is numbered and is equipped with a GPS tracker system which is monitored by our Safety Department. SAFETY PROGRAMS Training & Certifications Page 431 of 658 12 | P a g e MERCHANTS SAFETY LOTTO A cornerstone of our safety awards program is our Safety Lotto. Every month we distribute Safety Lotto cards that have a safety message on top of the card. Our employees sign and return the bottom of the cards and return that portion to their supervisor or manager. The cards are placed in a raffle and the winning cards for the $50, $100, $250, $500 and $1,000 prizes are awarded. The employees are eligible for larger prizes if the members of their team or branch have not had an injury in the prior month. This creates an environment where employees want to work safely and they also make sure that the other members of their team work safely. Every year Merchants Building Maintenance raffles off a new car as well as lots of new computers and cash to our employees. To be eligible to win, an employee simply needs to have had no injuries in the prior year. This program has been hugely successful at increasing our employee’s awareness of safety on the job. No other cleaning company has a safety awards program that even comes close. SAFETY PROGRAMS Safety Awards Program Page 432 of 658 13 | P a g e The Gardens On El Paseo, LLC Patrick Klein General Manager (760) 862 – 1990 pklein@taubman.com 73-545 El Paseo Ste. 2500 Palm Desert, CA 92260 Janitorial Day Porter Cleaning Services of plaza, floor care and quarterly window cleaning. Contract Since 1/2010 $ 250,808.30 Life Stream Michelle Roberson Director of Plant Operations, Fleet, Safety, and Medical Device Management (909) 885 – 6503 Ext. 434 mroberson@lstream.org 42390 Bob Hope Drive Suite 1B, Rancho Mirage, CA 92270 77555 El Duna Court Suite F, Palm Desert, CA 92211 46-660 Washington Street, Suite 5 La Quinta, CA 92253 Janitorial Cleaning Services of various city facilities, including carpet cleaning, floor care and quarterly window cleaning for all sites. Contract Since 7/2002 $ 38,962.32 City of La Quinta Alfred Berumen Building Analyst (760) 777 – 7022 aberumen@laquintaca.gov 78495 Calle Tampico | La Quinta, CA 92253 Janitorial Cleaning Services of various city facilities, including carpet cleaning, floor care and quarterly window cleaning for all sites. Contract Since 7/2018 $ 194,900.46 REFERENCES CITIES: REFERENCE PROJECTS Page 433 of 658 14 | P a g e COMMERCEREALTY A GRAZIADIO ENTERPRISE Liz Anderson Assistant Property Administrator (310) 373 – 2797 landerson@graziadio.net Jensen’s Shopping Center 73-547-73-575 Hwy 111 & 73-583-73-613 Hwy 11, Palm Desert, CA 92260 2/15/2020 $ 43,691.76 San Luis Rey Plaza 73-705-73-725 & 73-745 El Paseo, Palm Desert, CA 92260 2/15/2020 $ 30,314.64 El Paseo Plaza 73-540,73-560-73-580 El Paseo, Palm Desert, CA 92260 2/15/2020 $ 15,123.24 Janitorial Day Porter Cleaning Services of the plazas, and pressure washing of all three locations. REFERENCE PROJECTS: Page 434 of 658 15 | P a g e REFERENCES OTHER CUSTOMERS: REFERENCES BANKS: OTHER LOCAL ACCOUNTS: Page 435 of 658 16 | P a g e POMONA OFFICE: (909) 622-8260 pomonaoffice@mbmonline.com Angel Meza- Regional Vice President: Cell: (213) 494-8805 Email: angel@mbmonline.com 30 Years of service Oversees all the operations and contract management, providing the link between the front office and the operations staff. Handles client relations and ensures that each clients’ individual needs are being met on a consistent basis. Oversees Over 1000 accounts in the Inland Empire in Southern California Oversees over 500 accounts in the San Diego County in Southern California Oversees Over 250 accounts in the Las Vegas in Nevada Stephanie Meza – Operations Manager: Cell: (909) 817-6419 Email: stephanie@mbmonline.com 10 Years of Service In charge of all operations activities from day porters, night cleaners, and specialized utility crew. Oversees the area managers in charge of the accounts and aids with training and day to day maintenance of the accounts. Provides any work orders to the main office and ensure that service is provided in the highest quality and most timely matter. Oversees over 300 accounts in the Inland Empire including a variety of accounts from banks, utility sites, schools, government facilities. Araceli de la Huerta - Quality Control: Cell: (951) 830-1101 Email: araceli@mbmonline.com 10 Year of Service Meets with our clients and conducts periodic quality control reports to ensure that we are providing the highest level of customer service for each account. Documents reports of specific walk throughs and sends them out to managements team to ensure that cleaning requests are completed. Over 7 Years of ground experience as Area Manager and 3 Years as Quality Control, providing hands on experience to oversee quality work as required by clients. Assist in overseeing 500 Accounts and Client relationship in the LA County and Inland Empire. Management Resume Page 436 of 658 17 | P a g e Luis Sanchez – Area Manager: Cell: (909) 263-8028 Email: lcastro@mbmonline.com 7 Years of service Responsible for the direct field management of the night and daytime employees and conducts on-site training for new employees. Conducts regular site visits to supervise nightly maintenance and aids when needed. Acts as a liaison between operations and maintenance crew. Over 3 Years of experience as Account Lead and Floor Technician providing hands on experience to oversee quality work as required by clients and provide guidance and training to janitorial personnel. Management Resume Page 437 of 658 18 | P a g e Carpet Cleaning Merchants has a variety of carpet care options to best suit the needs of your facility. From carpet shampooing to extraction with our specialized truck mounted extractor, we have the ability to service a wide range of carpet needs. Green Cleaning We Make Going Green Easy! Merchants is dedicated to promoting Green Cleaning and helping to create a healthy environment. We are proud to be a member of the U.S. Green Building Council, utilizing products and procedures to earn points toward LEED certification. Floor Care Merchants offers a wide range of floor care solutions to our clients. We have a dedicated team of specialized individuals who use state of the art equipment and procedures to provide carpet extraction, hard surface floor care, and pressure washing services. Window Washing Merchants Window Washing division safely and effectively cleans and maintains windows with the least disruption to you and your tenants. We also specialize in removal of mineral deposits and this process involves application of a sealer which minimizes recurrence. Pressure Washing Merchants has the equipment and specially trained employees to meet all your pressure washing needs. We also offer water reclamation services as a complement to all pressure washing projects. Merchants Building MaintenanceCarpet Cleaning Green Cleaning Floor Care Window Washing Pressure Washing Page 438 of 658 16 | P a g e POMONA OFFICE: (909) 622-8260 pomonaoffice@mbmonline.com Angel Meza- Regional Vice President: Cell: (213) 494-8805 Email: angel@mbmonline.com 30 Years of service Oversees all the operations and contract management, providing the link between the front office and the operations staff. Handles client relations and ensures that each clients’ individual needs are being met on a consistent basis. Oversees Over 1000 accounts in the Inland Empire in Southern California Oversees over 500 accounts in the San Diego County in Southern California Oversees Over 250 accounts in the Las Vegas in Nevada Stephanie Meza – Operations Manager: Cell: (909) 817-6419 Email: stephanie@mbmonline.com 10 Years of Service In charge of all operations activities from day porters, night cleaners, and specialized utility crew. Oversees the area managers in charge of the accounts and aids with training and day to day maintenance of the accounts. Provides any work orders to the main office and ensure that service is provided in the highest quality and most timely matter. Oversees over 300 accounts in the Inland Empire including a variety of accounts from banks, utility sites, schools, government facilities. Araceli de la Huerta - Quality Control: Cell: (951) 830-1101 Email: araceli@mbmonline.com 10 Year of Service Meets with our clients and conducts periodic quality control reports to ensure that we are providing the highest level of customer service for each account. Documents reports of specific walk throughs and sends them out to managements team to ensure that cleaning requests are completed. Over 7 Years of ground experience as Area Manager and 3 Years as Quality Control, providing hands on experience to oversee quality work as required by clients. Assist in overseeing 500 Accounts and Client relationship in the LA County and Inland Empire. Management Resume Page 439 of 658 17 | P a g e Luis Sanchez – Area Manager: Cell: (909) 263-8028 Email: lcastro@mbmonline.com 7 Years of service Responsible for the direct field management of the night and daytime employees and conducts on-site training for new employees. Conducts regular site visits to supervise nightly maintenance and aids when needed. Acts as a liaison between operations and maintenance crew. Over 3 Years of experience as Account Lead and Floor Technician providing hands on experience to oversee quality work as required by clients and provide guidance and training to janitorial personnel. Management Resume Page 440 of 658 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Randy Bowman, Deputy Director of Public Works REQUEST: APPROVE AMENDMENT NO. 1 TO CONTRACT NO. C41380 WITH KIMLEY-HORN AND ASSOCIATES, INC. OF INDIAN WELLS, CALIFORNIA IN THE AMOUNT OF $350,000 FOR TRAFFIC OPERATIONS AND CAPACITY IMPROVEMENTS (PROJECT NO. 553- 20) RECOMMENDATION: 1. Approve Amendment No. 1 to Contract No. C41380 with Kimley-Horn and Associates, Inc. of Indian Wells, California, for additional traffic engineering and design services in an amount not to exceed $350,000. 2. Authorize the City Manager or designee to execute the amendment and to review and approve written requests for the use of the contingency for unforeseen conditions up to the contingency amount. Funds are available in the Measure A Account No. 2134250-5000907. BACKGROUND/ANALYSIS: On March 4, 2021, the City Manager created a new project and directed the Public Works Department to solicit proposals to evaluate intersections. At its April 22, 2021, meeting, the City Council awarded Contract No. C41380 to Kimley-Horn and Associates, Inc. in the amount of $488,229 for the first phase of work. The first phase of the project was to identify and prioritize intersections for mitigation and improvements based upon criteria including safety, level of service, and traffic operations. The work included traffic counts and data collection, traffic engineering analysis, and project cost estimating for 50 intersections. The consultant has also been engaged to provide additional traffic engineering support to the City to perform analysis as needs have arisen. Strategic Plan: While the Traffic Operations and Capacity Improvements project is an on-going maintenance activity and is not a specific objective of the Strategic Plan, maintaining the City’s roadways by making necessary adjustments to traffic operations and intersection capacity improvements is an essential function of the City for safety and roadway connectivity. Project Status: To date, the consultant has delivered the following: Page 441 of 658 City of Palm Desert Amendment No. 1 to Contract No. C41380 Page 2 of 3 • Report with improvement recommendations and priorities for addressing operational, safety and capacity issues at 50 intersections. • Updated traffic signal coordination on Cook Street, Country Club Drive, Fred Waring Drive, Monterey Avenue, Portola Avenue, and Highway 111. • Corrected traffic signal system connectivity issues at various locations. • Updated traffic signal timing at 50 intersections. • Ongoing support to the City during construction of the CVAG CV Sync Phase 1 project. • Plan review and specification review of the CVAG CV Sync Phase 2 construction plans. The consultant is presently completing the following tasks: • Analyzing the roundabout of Dinah Shore Drive and Athena Pointe for safety improvements. • Analyzing the CV Link for additional enhancement improvements. • Conducting an Engineering & Traffic Survey of Park View Drive, San Pablo Avenue, and Magnesia Falls Drive to establish posted speed limits following the completion of construction of San Pablo Phase 2 and CV Link improvements. • Grant applications for the next round of Highway Safety Improvement Program (HSIP) funds. At the time of the contract award, staff informed the City Council of the intention to amend the contract at a future date to continue the project work. The second phase of this project will include the following tasks: • Traffic counts, data collection, traffic engineering analysis, and project cost estimating for 25 more intersections. • Continued signal timing review and support. • Continued support to the City for the CV Sync project implementation. • Safety and capacity study of the Dinah Shore Drive corridor near Monterey Avenue. • Review of the City’s traffic signal communications network infrastructure for additional improvements needed after completion of the CVAG CV Sync project. FINANCIAL IMPACT: Measure A Fund is the source for this project; therefore, there will be no impact to the City’s general fund. The 5-Year funding breakdown for the project is as follows: Project Funding Source Year Description Budget for this Project Actual Cost to Date Total Project Cost Traffic Operations and Capacity Improvements Measure A FY20/21 Phase 1 Engineering $500,000 $488,229 FY21/22 Phase 2 Engineering $350,000 Page 442 of 658 City of Palm Desert Amendment No. 1 to Contract No. C41380 Page 3 of 3 FY22/23 Construction $750,0001 FY23/24 Construction $750,0001 FY24/25 Construction $750,0001 FY25/26 Construction $750,0001 $3,838,2291 Bolded amount is the subject of this request. 1 CIP Budget update in FY22/23 is proposed to include multiple projects stemming from Phase 1 and Phase 2 engineering. Construction funding represents locally funded improvements, and/or local match to potential grant awards. REVIEWED BY: Department Director: Randy Bowman for Andy Firestine Finance Director: Jose Luis Espinoza For Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Amendment No. 1 2. Vicinity Map Page 443 of 658 Contract No. C41380 AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND KIMLEY-HORN AND ASSOCIATES, INC. 1. Parties and Date. This Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT is made and entered into as of this 9th day of June, 2022, by and between the City of Palm Desert (“City”) and Kimley-Horn and Associates, Inc., a corporation incorporated in North Carolina, with its principal place of business at 45-025 Manitou Drive, Suite 11, Indian Wells, CA 92210 (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties.” 2. Recitals. 2.1 Agreement. The City and Consultant have entered into an agreement entitled “Professional Services” dated April 22, 2021 (“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide professional engineering services. 2.2 Amendment. The City and Consultant desire to amend the Agreement to extend the term and for additional compensation. 2.3 Amendment Authority. This Amendment No. 1 is authorized pursuant to Section 3.6.14 of the Agreement. 3. Terms. 3.1 Section 3.3.1 Compensation. Section 3.3.1 of the Agreement is hereby amended in its entirety to read as follows: 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 "A" attached hereto and incorporated herein by reference. The total compensation shall not exceed Eight Hundred Thirty-Eight Thousand Two Hundred Twenty-Nine dollars ($838,229.00) without written approval of the City Council or City Manager, as applicable. 3.3 Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all other provisions of the Agreement remain in full force and effect and shall govern the actions of the parties under this Amendment No. 1. From and after the date of this Amendment No. 1, whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the Agreement as amended by this Amendment No. 1. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1. 3.5 Severability. If any portion of this Amendment No. 1 is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.6 Counterparts. This Amendment No. 1 may be executed in duplicate originals, each of Page 444 of 658 Contract No. C41380 Page 2 of 3 which is deemed to be an original, but when taken together shall constitute but one and the same instrument. [SIGNATURES ON FOLLOWING PAGE] Page 445 of 658 Contract No. C41380 Page 3 of 3 AMENDMENT NO. 1 TO THE ON-CALL SURVEYING AND CIVIL ENGINEERING PLAN REVIEW SERVICES AGREEMENT BETWEEN THE CITY OF PALM DESERT AND KIMLEY-HORN AND ASSOCIATES, INC. IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 1 to the PROFESSIONAL SERVICES AGREEMENT as of the day and year first above written. CITY OF PALM DESERT Approved By: L. TODD HILEMAN City Manager Attested By: Anthony J. Mejia, City Clerk Approved As To Form: By: Best Best & Krieger LLP City Attorney KIMLEY-HORN AND ASSOCIATES, INC. Signature Name Title Signature Name Title QC Insurance ID: _____________ __________ __________ Page 446 of 658 Scope of Services Task 1: Project Management & Meetings The Kimley-Horn team will provide the following services for up to twelve months for commencement and administration of the project. Task 1.1 – Project Team Meetings. Project Team (PT) progress meetings will be conducted to maintain regular and consistent communication on upcoming tasks and identify potential risks and challenges to success. We anticipate the participation of the City project manager, Kimley-Horn project manager, and task leads, as needed, in PT meetings. We have budgeted up to five PT meetings (virtual and/or face to face as possible) to support the project. Kimley-Horn will develop the agenda and prepare a summary of PT meeting notes with a list of decisions, actions, and responsible party. Deliverables: Kick-off meeting attendance and notes; PT status meetings and meeting notes (total of six meetings) Task 2: Intersection Capacity and Operational Analysis Kimley-Horn will perform intersection capacity analysis at 25 intersections to identify additional operational deficiencies and areas of improvements. We will perform the following tasks: Task 2.1 – Data Collection. Kimley-Horn will obtain traffic volumes, queuing, travel time, and collision data for use in the intersection capacity analysis and proposing capacity improvements. Task 2.1.1 – Traffic Volumes. Kimley-Horn will collect 12-hour turning movement counts with vehicle classification at select 25 locations. All turning movement counts will be classified to distinguish vehicle classification, pedestrians, and bicycles. Traffic data will not be collected during a week that includes a holiday, or under unusual circumstances, such as road closures near the project area, inclement weather conditions, etc. 24-hour counts will be used to understand demand variability by time at study intersections and determine intersection and corridor peak hours. These variables will also be used to balance traffic movement counts for Synchro analysis, grouping traffic signals, and developing a traffic signal coordination plan. Task 2.1.2 – Field Observations. The Kimley-Horn team will observe traffic flow patterns and signal operations during each peak period for the major corridors included in the signal synchronization plan. Traffic signal timing sheets from the City will be brought out to the field. Existing traffic signal phasing, lane geometrics/assignments, and signal face quantity/location will be verified. Photos will be taken and catalogued for each intersection. Elements such as uneven lane distributions, queue spillbacks, cut- through traffic movements, heavy truck or bus percentages, congestion associated with school activity, and friction factors affecting vehicle speed or intersection throughput will be noted. Crosswalk lengths will be measured using aerial imagery to determine appropriate pedestrian timing. Page 447 of 658 Task 2.1.4 – Collision Data. Kimley-Horn will review the collision data and recommendations of the recently completed LRSP project to identify opportunities to address safety issues through capacity improvements. The collisions will be analyzed for any trends that can be addressed through engineering design. For example, based on (CA MUTCD) guidelines, if there are five or more collisions for a particular left turn movement during a 12-month period, a protected left turn phase may be warranted. The results of this subtask will be an input in developing recommendations for intersection and signal upgrades. Deliverables: Digital copy of the reduced traffic volume data; Task 2.2 – Timing Sheet Review. Kimley-Horn will review the existing timing sheets for the 25 project intersections along the interconnected corridors. This review will look at the signal timing parameters (yellow/red timing, lead/lag timing, offsets, pedestrian timing, etc.) for potential inconsistencies between timing sheets. Task 2.3 – Synchro Model Development for Existing Condition. Using the collected traffic counts and existing signal timing plans available to the City, Kimley-Horn will develop Synchro and SimTraffic models to understand existing condition operations at each of the project intersections. The network will be developed using an aerial background to assist with the placement of the intersections. Intersection spacing will be verified against measurements taken using Google Earth. The Synchro model will include intersection and roadway segment geometrics; existing signal timing; existing signal phasing; traffic, bicycle, and pedestrian volumes; and peak hour factors. The calibrated traffic models will be used to identify opportunities for capacity improvements. Our team will develop a citywide Synchro model with intersection geometry and existing traffic signal timing coded for all the City’s intersections. Traffic volumes, approach speeds, and pedestrian and bicycle data will be inputted for the 25 project intersections in this phase. Synchro will be used to perform level of service (LOS) and capacity analysis at all project intersections. In addition to developing a Synchro model, we will use SimTraffic, a microsimulation tool that interfaces with Synchro, to better understand the interaction between intersections on the congested corridors and replicate the existing queue lengths. SimTraffic allows the analyst to understand how operational deficiencies at a given intersection can impact adjacent intersections, whether by disrupting the coordinated pattern, slowing speeds, or queuing spill over. An accurate understanding of operational deficiencies is crucial to develop improvements at the conceptual level. Case in point, reasonably accurate estimates of queue length are needed to design turn lanes and queue storage pockets. Task 2.4 – Development of Conceptual Level Capacity Improvements. Based on the results of our field visits and safety and Synchro/SimTraffic analysis, Kimley-Horn will develop a set of improvements to be tested in the Synchro model for future consideration. The recommended improvements will be location specific, vary in scope and scale, and range from traffic signal timing changes to geometrical improvements. The following are few examples of such improvements: • Lead/lag phasing order based on platoon arrivals, turning movement volumes, and synch phase assignments • Phase splits that minimize the frequency of underserving queues and provide sufficient time to meet pedestrian minimums, except where strategically beneficial Page 448 of 658 • Offsets that prioritize the primary direction of travel to the extent that flow directionality exists within each period of implementation • Re-striping or modification to intersection approach to change the lane configuration. For example, provision of a dedicated turn lane or changing a dedicated turn lane to shared movement. • Proposing a new signal pole and longer mast arm length to accommodate a left turn signal for a protected left turn phase Each set of proposed improvements will be vetted for feasibility and tested in Synchro to determine effectiveness in improving traffic operation. We will work with the City project manager to select a preferred set of improvements, which will be included in the final optimized Synchro model. Task 2.5 – Development of Updated Signal Timing Parameters. Kimley-Horn will develop a spreadsheet of proposed signal timing parameters, such as yellow times, all-red times, walk times, flashing don’t walk times, minimum greens, lead/lad phasing, and sync phases for each study intersection. Additional timing parameters, such as minimum bicycle timings, yellow timing for left turn, and through movements, will be calculated per the 2014 CA-MUTCD. Finally, based on coordination factors, field observations, scenario testing with Synchro, and our signal timing experience, we will propose signal timing groups and cycle lengths for each of the synchronization periods. The goal of signal grouping is to cluster intersections with similar operational characteristics, such as cycle lengths, higher platooning traffic, and shorter travel time between intersections. The existing and/or required cycle lengths of intersections along major crossing corridors will be a key consideration in determining the cycle length. This information will be added to the signal timing parameters spreadsheet and provided to the City for review, discussion, and refinement. Kimley-Horn will attend one comment resolution meeting and will respond to one round of consolidated comments provided by the City. Task 2.6– Development of Optimized Synchro Model. Based on the findings of Task 2.4., 2.5, and 2.6, Kimley-Horn will develop Synchro models inclusive of the preferred set of improvements with optimized signal timings for each of synchronization period. A table will be prepared to compare measures of effectiveness (MOEs) between the existing conditions and the proposed Synchro models. MOEs are anticipated to include LOS, total travel time, total delay, fuel consumption, and stops. Kimley-Horn will provide the City with the Synchro/SimTraffic models and MOE comparison table for review. A table will be prepared and provided to the City to compare existing and optimized cycle lengths, offsets, sync phases, and splits. Major changes in green-to-cycle length ratios will be identified. Kimley-Horn will attend one comment resolution meeting and will respond to one round of consolidated comments provided by the City. Deliverables: Summary of timing sheet review; Updated signal timing parameters; Synchro files containing optimized signal timing; Two meetings with the project team Page 449 of 658 Task 3: Preliminary Design Report (PDR) & Cost Estimate Based on the results of our field visit, safety and Synchro/SimTraffic analysis, and feedback from the City project team, Kimley-Horn will compile the preferred set of improvements for inclusion in the preliminary design report (PDR). The PDR will document conceptual level design of proposed improvements as well as preliminary opinion of probable construction cost (OPCC) at 25 project intersections. We will also develop an intersection scorecard and scoring table based on safety, operational efficiency, and cost criteria to help the City prioritize improvement projects. Deliverable: Digital and paper copy of the PDR and OPCC estimate Task 4: Signal Timing Review and Implementation Support The Kimley-Horn team will review the existing timing sheets and assist the City in evaluating changes to traffic signal synchronization and coordination for corridors in the CVAG TSSP Phase I and Phase II projects along Highway 111; Washington Street; Monterey Avenue; Fred Waring Drive; Country Club Drive; Dinah Shore Drive; Portola Avenue; and Cook Street. We will assist the City with implementing and fine-tuning signal timing that is responsive to changes in traffic demand and patterns along these corridors. The Kimley-Horn team will support the City by providing the following services: 1. Provide signal timing and construction support as needed to City staff for the CVAG TSSP Phase I project. 2. Assist City staff with reviewing CVAG TSSP Phase II project plans and technical specifications. 3. Provide signal timing and construction support as needed to City staff for the CVAG TSSP Phase II project. 4. Fine tuning.  Traffic signal timing/coordination fine tuning or development. Assist City staff with analyzing traffic operations at intersections with known issues to improve safety and accomplish the goals of the LRSP. Deliverables: One round of review and comment on existing and proposed timing sheets; Three meetings with City staff to discuss review comments and fine-tune signal timing parameters Task 5: Dinah Shore Drive Corridor Roadway Safety and Capacity Study Kimley-Horn will conduct a separate roadway safety and capacity study along the corridor of Dinah Shore Drive. The study area will begin at Miriam Way and end at Toni. We will perform the following tasks:  Kimley-Horn will collect police reports for five years of crash data within 500 feet of the study corridor limits. Kimley-Horn will generate one crash diagram of the study area with annotations indicating crash severities, crash geometry, driver factors, and conditions. Page 450 of 658  Kimley-Horn will incorporate the findings of the Monterey Avenue and Dinah Shore Drive Proposed Development Traffic Impact Study, Local Roadway Safety Program (LRSP), and Traffic Operations and Capacity Improvements Preliminary Design Report (PDR).  Kimley-Horn will provide up to three (3) conceptual-level traffic capacity and operational improvement alternatives along the study corridor. These alternatives might include the following: o Signage improvements o Signal coordination at I-10 EB off-ramp and Monterey Avenue and Dinah Shore Drive intersection o Increase left turn lane capacity on the SB approach of Monterey Avenue o Addition of a separate right turn lane and right turn overlap phase for the northbound approach of Monterey Avenue. o Addition of protected pedestrian phases at free right turn lanes to improve pedestrian safety o Access improvements from Dinah Shore Drive into the Costco gas station o Left-turn median improvements/modifications on the EB approach of Dinah Shore Drive  Kimley-Horn will provide an Opinion of Probable Construction Cost (OPCC) for up to three (3) alternatives.  Kimley-Horn will review the site and perform a physical audit to observe traffic during peak collision periods.  Kimley-Horn will prepare a traffic safety analysis technical memorandum summarizing the findings of the crash data analysis and site observations.  After receiving City feedback, Kimley-Horn will develop a safety enhancement concept, which will propose alternative safety countermeasures for the study intersection.  Kimley-Horn will develop a Draft RSA Findings Report for the study area. The report will include the following as a minimum: o Overview of intersection and corridor characteristics with location map o Aerial photos/sketches of critical design and traffic control device features and measurements, and signal timing information if applicable o A summary of issues and suggestions with photos o Safety enhancement summary o Preliminary opinions of probable cost estimates for recommended improvements o Crash reduction benefits calculated using the procedures in the HSM for the countermeasures with documented crash modification factors (CMFs) o Computation of opinions of benefit/cost ratio based on societal benefit of the reduction in crashes derived from recommended improvements where possible Deliverables: One technical memorandum; One crash diagram; Field notes; One round of review and comment on technical memorandum; One Draft RSA Report; One meeting with City staff to discuss review comments Page 451 of 658 Task 6: Intelligent Transportation Systems (ITS) Plan Technical Memorandum Kimley-Horn will develop an ITS technical memorandum that analyzes and assesses existing and future ITS infrastructure in the City. We will perform the following tasks: Task 6.1 – Existing Conditions. Kimley-Horn will document existing communications network infrastructure, as well as existing field devices which utilize the communications network including traffic signals, observation cameras, and arterial changeable message signs. This task includes coordination with the City to illustrate the existing inventory, to document gaps in the current system, and to develop opportunities/priorities for system upgrades, technological advancements, and system modifications. This memorandum will include a map illustrating details of existing communications routing, use, and capacity. Map shapefiles will be merged with City base map data accordingly. The memorandum will be submitted to the City for review and comment. Deliverables: Technical Memorandum #1: Existing Conditions including a citywide map showing existing communications, traffic signals, and ITS field devices; One round of review and comment on Technical Memorandum #1; One meeting with City staff to discuss review comments Task 6.2 – CVAG Signal Sync and Broadband Planned Projects. Kimley-Horn will document the planned CVAG Signal Sync phases and Broadband to show the proposed fiber optic communications systems and ITS field elements in the City of Palm Desert. This memorandum will include a map illustrating details of planned CVAG Signal Sync fiber optic communications systems, Broadband, and ITS field elements. Map shapefiles will be merged with City base map data accordingly. The memorandum will be submitted to the City for review and comment. Deliverables: Technical Memorandum #2: CVAG Signal Sync Planned Projects Conditions including a citywide map showing proposed fiber optic communications systems and ITS field elements; One round of review and comment on Technical Memorandum #2; One meeting with City staff to discuss review comments Task 6.3 – Existing Conditions, Broadband and CVAG Signal Sync Planned Projects. Kimley-Horn will document both the existing conditions, Broadband and planned CVAG Signal Sync phases presented in Task 6.1 and Task 6.2. This memorandum will include a map illustrating details of both existing conditions, Broadband and planned CVAG Signal Sync fiber optic communications systems and ITS field elements. Map shapefiles will be merged with City base map data accordingly. The memorandum will be submitted to the City for review and comment. As part of this memorandum, Kimley-Horn will develop an interim and an ultimate high-level network architecture diagram and implementation plan. The architecture will document the ATMS centrals systems, controller systems, and their locations and integrations where applicable. The memorandum will identify the process, prioritization, and cost for consolidating ATMS and/or firmware to improve the operational and maintenance efficiency for staff and remove legacy systems. The memorandum will also Page 452 of 658 identify potential funding opportunities and describe the nexus between the architecture transition and the CVAG project. Deliverables: Technical Memorandum #3: Existing Conditions, Broadband and CVAG Signal Sync Planned Projects Conditions including a citywide map showing proposed fiber optic communications systems and ITS field elements; One round of review and comment on Technical Memorandum #3; One meeting with City staff to discuss review comments Task 6.4 – ITS Implementation Strategies and Solutions. Based on the findings of Task 6.1, 6.2, and 6.3, Kimley-Horn will propose ITS field elements and fiber optic network to communicate between City corridors not included in the CVAG TSSP project to the Traffic Operations Center (TOC). This task will evaluate technologies to identify and implement solutions for sustaining the City’s current ITS infrastructure and positioning the City for future ITS projects. We will develop assessments for a variety of technologies including CCTV cameras, ITS field elements, and communication backbone. Deliverables: Technical Memorandum Summarizing Tasks 6.1, 6.2 and 6.3 Plus ITS Implementation Strategies and Solutions; One round of review and comment on Technical Memorandum; One meeting with City staff to discuss review comments Page 453 of 658 Sr. Prof. III Sr. Prof. II Prof. II Prof. I Analyst Support Counts Uliminted Traffex Forbes 1 Project Management $17,430 1.1 Project Team (PT) Meetings 32 16 10 8 17,430 2 Intersection Capacity and Operational Analysis $72,330 2.1 Data Collection 2.1.1 - Traffic Volumes 2 2 10 6 25 17,210 2.1.2 - Field Observations 2 4 14 2 4,040 2.1.4 - Collision Data 2 16 2 3,910 2.2 Timing Sheet Review 2 34 2 7,240 2.3 Synchro Model Development for Existing Condition 2 10 50 2 11,850 2.4 Development of Conceptual Level Capacity Improvements 2 12 12 30 2 $11,600 2.5 Development of Updated Signal Timing Parameters 2 16 28 2 8,970 2.6 Development of Optimized Synchro Model 2 12 28 2 7,510 3 Preliminary Design Report (PDR) & Cost Estimate $30,640 PDR 4 32 64 2 18,930 Engineers Opinion of Probable Construction Cost (OPCC) Estimate 6 12 36 2 11,710 4 Signal Timing Review ans Implementation Support $115,740 Review CVAG Signal Synch Timing for Phase I & II 36 54 86 8 36,920 Fine Tuning 12 32 38 10 192 164 78,820 5 Monterey Avenue and Dinah Shore Drive Roadway Safety Audit $36,450 Technical memorandum 10 6 8 50 124 6 36,450 6 Intelligent Transportation Systems (ITS) Plan Technical Memorandum 46,330 6.1 Existing Conditions 4 4 8 36 10,080 6.2 CVAG Signal Sync and Broadband Planned Projects 6 4 8 36 1 10,905 6.3 Existing Conditions, Broadband, and CVAG Signal Sync Planned Projects 6 4 8 36 1 10,905 6.4 ITS Implementation Strategies and Solutions 12 6 8 42 14,440 144 58 142 178 668 58 25 192 164 $350.00 $315.00 $230.00 $185.00 $155.00 $125.00 $550.00 $185.00 $150.00 50,400$ 18,270$ $32,660 $32,930 $103,540 $7,250 13,750$ 35,520$ 24,600$ $318,920 $7,387 $2,825 $20,868 $350,000PROJECT TOTAL Direct Expenses (Travel, Outside Printing, Plotting, Courier Service/Fed Ex, etc.) Indirect Expenses (not included in Direct Expenses - billed at 4.6% of labor fee) Task Description Fee Proposal for Project 553-20 TRAFFIC OPERATIONS AND CAPACITY IMPROVEMENTS - PART II KIMLEY-HORN TEAM TOTAL $ by Task TOTAL NUMBER OF HOURS LABOR Subconsultants Mark up (10%) Page 454 of 658 !( !( !( !(!(!(!(!(!(!(!(!( !( !( !( !( !( !( !( !( !( !( !(!(!(!(!(!(!(!(!(!(!(!(!(!( !(!(!(!(!(!(!( !( !( !( !( !( !( !( !( !(!(!(!( !( !( !(!(!( !( !( !( !(!(!( !( !( !(!( !(!(!(!(!(!(!( !( !(!(!(!(!( !( !( !( !( !( !(!(!(!( !( !( !( !( !( !( !(COOKMONTEREYCOUNTRY CLUB FRED WARING HIGHWAY 111 FRANK SINATRAPORTOLA WASHINGTONDINAH SHORE GERALD FORD PORTOLAFRED WARING HOVLEY HIGHWAY 74PORTOLAELDORADOGERALD FORDTOWN CENTERCALIFORNIA HAYSTACK HOVLEY WARNERFAIRWAY MERLE CO L L E G E DE ANZA MAGNESIA FALLS 42ND ALESSANDRO SHADOW MOUNTAIN KANSASPITAHAY A RUTLEDGE EDGEHILL SAN GORGONIO DEEP CANYONDOLCE HARRISSAN PASCUALCAHUILLA CORPORATEPAINTERSDEEP CANYONCity of Palm Desert - Signalized Intersections ¯ Legend !(Signalized Intersections Palm Desert Boundary Page 455 of 658 [This page has intentionally been left blank.] Page 456 of 658 Page 1 of 4 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Veronica Chavez, Director of Finance REQUEST: AWARD AGREEMENT BETWEEN THE CITY OF PALM DESERT, KEMPER SPORTS MANAGEMENT, LLC. (“KEMPER”) AND THE PALM DESERT RECREATIONAL FACILITIES CORPORATION FOR THE MANAGEMENT, OPERATIONS, AND MAINTENANCE OF THE DESERT WILLOW GOLF RESORT. RECOMMENDATION: 1. Award Agreement between the City of Palm Desert, Kemper Sports Management, LLC. (“Kemper”) and the Palm Desert Recreational Facilities Corporation for the management, operations, and maintenance of the Desert Willow Golf Resort, in substantial form. 2. Authorize the Mayor to execute the Agreement and any documents necessary to effectuate and implement the actions taken herewith. BACKGROUND/ANALYSIS: Strategic Plan: Authorization to approve the agreement for management, operations, and maintenance of the Desert Willow Golf Resort aligns with the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together: Parks and Recreation Priority 2 • Make recreational and exercise opportunities pervasive in all public spaces events to enhance and expand the Palm Desert economy and lifestyle. The continued development and operation of Desert Willow Golf Resort aligns with multiple objectives of the City’s Strategic Plan. Desert Willow’s golf courses and hospitality components provide Palm Desert residents and guests a premier resort-recreational experience within an environmentally responsible and sustainable environment. Background: On April 13, 2017, the City Council approved a management agreement with Kemper to operate the Desert Willow Golf Resort which following the end of the extension periods, expires June 30, 2022. On September 30, 2021 the City Council authorized staff to issue an RFP. The RFP was released on October 11, 2021 and on November 12, 2021, two proposals were received. An evaluation committee met with the proposers via Zoom on January 12, 2022. Following those meetings, the evaluation committee unanimously agreed that Kemper was the most qualified firm. Page 457 of 658 City of Palm Desert Desert Willow Management Agreement - City, Kemper and PDRFC Page 2 of 4 On January 27, 2022 the City Council authorized the City Manager to negotiate a contract with Kemper for the management and operaton of Desert Willow Golf Resort. Staff has negotiated a new agreement with Kemper. The new agreement with Kemper will be for a period of five (5) years commencing on July 1, 2022 through June 30, 2027, with one (1) additional term extension for up to an additional five (5) years, at the City’s discretion. The following table outlines the substantive changes that have been implemented in the new agreement: Desert Willow Management Agreement Current Contract Components Significant 2022 Changes Term – 3 years, (2) – 1 yr. Extensions (July 2017- June 2022) 5 – Year, with an Option of up to 5 Additional Years (Approval by City Council) Management Fee - $20,833.33 / month $250K / Year Management Fee - Cap at $25K / month $300K annually (within initial 5-year term) Percentage Management Fee – 5% above $6.5M Gross Resort Revenues / Cap $200K (Plus Annual CPI) (NOTE: This is no longer an option when combined together with reimbursement of other specific operational costs to the manager.) Performance Incentive - Cap of $200K / Negotiated based on including, but not limited to agreed-upon criteria for: • Course/Property Condition while containing costs– up to $150K • Consumer Ratings - up to $50K Radius Restriction – Prohibits vendor from operating any other golf course property within a 20-mile radius of Desert Willow without the City approval (prevents conflict of interest in marketing/staffing /resourse deployment) Kemper nor any Affiliate or subsidiary of Kemper shall own, manage, operate, or maintain: (i) any other golf course or restaurant within the City of Palm Desert City Limits; or (ii) any other daily fee golf course, resort golf course, or municipal golf course in the Coachella Valley. Quarterly review of annual plan Quarterly report reconciling each quarter to closely monitor operations and request revisions to annual plan, as needed. FINANCIAL IMPACT: The current annual Desert Willow Golf Resort Management and Operations fixed annual fee is $250,000. In addition the current management fee structure includes an annual incentive fee based on 5% of gross revenues that exceed a threshold of $6.5M. The annual incentive fee is capped at $216,486 for the fiscal year ending 2022. Page 458 of 658 City of Palm Desert Desert Willow Management Agreement - City, Kemper and PDRFC Page 3 of 4 Fiscal Year Fixed Management Fee Percentage Management Fee Total Management Fee Percentage of Gross Revenues 2020-2021 $250,000 $208,000 $458,000 4.02% 2021-2022* $250,000 $216,468 $466,468 3.26% *Estimated Fiscal Year Fixed Management Fee Annual Incentive Pt. 1 Annual Incentive Pt. 2 Total Management Fee 2022-2023 $260,000 $150,000 $50,000 $460,000 2023-2024 $270,000 $150,000 $50,000 $470,000 2024-2025 $280,000 $150,000 $50,000 $480,000 2025-2026 $290,000 $150,000 $50,000 $490,000 2026-2027 $300,000 $150,000 $50,000 $500,000 Historically, the total management fee has ranged from 3.26% to 4.02% of gross revenues. The proposed management fee changes are designed to refocuse the scope from a gross revenue incentive to one that focuses attention to the course conditions, customer rankings, market compliance, effective operations, and economic efficiency. Part 1 of the incentive fee will be based on property/course conditions and cost containment. And Part 2 will be based on consumer rating reports. The agreed upon independent rating tools that will be used to determine these factors are as follows: 1. Property/Course Conditions Evaluation $150,000 Evaluation Tool Threshold Associated Value True Review – Course Rating Must score above 8.0 $30,000 NGF Annual GolfSAT- Condition of Greens, Fairways, Bunkers, & Tees Must be above 75th Percentile $30,000 GolfPass Ranking – both courses Must score above 75% Rating $15,000 Greenskeeper.org – both courses Playing Conditions must be above 7.0 $25,000 Secret Shopper Program Qrtly Evaluation – Benchmarks TBD $25,000 Fiscal Management Communication Accuracy of communication, updates, and forecasts $25,000 1. Consumer and Customer Experience Evaluation $ 50,000 Evaluation Tool Threshold Associated Value True Review – Service, Food, Recommend, and Overall Rating Must score above 8.0 $30,000 NGF Annual GolfSAT – Loyalty Index and F&B Service Must be above benchmark/75th Percentile $20,000 Page 459 of 658 City of Palm Desert Desert Willow Management Agreement - City, Kemper and PDRFC Page 4 of 4 The combined max incentive annually is capped at $200,000 provided each of the above measurements are successfully recognized by the management team. REVIEWED BY: Department Director: Veronica Chavez City Attorney: William L. Strausz Finance Director: Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: Todd Hileman ATTACHMENTS: 1. Desert Willow Management Agreement Page 460 of 658 MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (this “Agreement”) is made and entered into this 1st day of July, 2022, by and among the CITY OF PALM DESERT, a charter city, organized and validly existing under the Constitution and laws of the State of California (the “City”), the PALM DESERT RECREATIONAL FACILITIES CORPORATION, a California nonprofit public benefit corporation (“PDRFC”), and KEMPER SPORTS MANAGEMENT, LLC., a Delaware limited liability company (“Kemper”). PRELIMINARY STATEMENT A. The City is the owner of certain real property located in the City of Palm Desert, California, which is improved with two 18-hole golf courses and related facilities (the “Golf Resort”), as defined herein. B. The City desires to utilize the services of Kemper to manage, operate, and maintain the Golf Resort, upon the terms and conditions set forth in this Agreement. C. The City and the PDRFC have entered into that certain Lease Agreement dated as of March 14, 1997, as amended (the “Lease Agreement”) pursuant to which the City leases the restaurant premises at the clubhouse to PDRFC. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the City, PDRFC, and Kemper hereby agree as follows: ARTICLE I DEFINITIONS I.1 Definitions. As used in this Agreement, the following terms shall have the respective meanings indicated below: Affiliate - Any and all corporations, partnerships, trusts, and other entities directly or indirectly controlled by, controlling, or subject to direct or indirect common control of Kemper. Capital Improvements - Any alteration, addition, improvement, repair, replacement, rebuilding, or renovation to the Golf Resort, the cost of which exceeds $20,000. Cause - The failure of any party to keep, observe or perform any material covenant, agreement, term, or provision of this Agreement to be kept, observed or performed by such party. City - The City of Palm Desert, a charter city, duly organized and validly existing under the Constitution and laws of the State. City Manager - The person holding the position of City Manager of the City. Page 461 of 658 -2- P6401-0001\2645821v8.doc City Representative - A City staff or other person designated in writing by the City Manager to fulfill a responsibility under this Agreement (e.g., the Finance Director or Risk Manager). Compensation - Unless specifically excepted in this Agreement, the direct salaries and wages paid to or accruing for the benefit of all persons employed by Kemper at the Golf Resort, together with all fringe benefits payable to or accruing for the benefit of such persons, including employer’s contribution under the Federal Insurance Contributions Act (“FICA”), unemployment compensation, or other employment taxes, pension fund contributions, worker’s compensation, group life and accident and health insurance premiums, retirement, disability and other similar benefits; provided, however, compensation shall be in general conformity with that paid at other golf courses operated by Kemper, taking into account Legal Requirements, geographic and project specific differences, and industry standards, and subject to approval by the City Representative on each July 1 during the term hereof. Furnishings and Equipment - All furniture, furnishings, trade fixtures, apparatus, and equipment including, without limitation, course maintenance vehicles and equipment, golf carts, driving range pickers and pullers, mats, range ball baskets, cash registers, rental golf clubs and bags, ball washers, benches, uniforms, kitchen equipment, appliances, china, glassware, silverware, office equipment, computers, copy machines, facsimile machines, telephone systems (not including pay telephones), and other personal property used in or held in storage for use in the management, operation, or maintenance of the Golf Resort, other than Operating Inventory. Golf Resort - The Golf Resort is the Desert Willow Golf Course at Palm Desert, owned by the City and which includes two 18-hole golf courses, a clubhouse, pro shop, driving range, maintenance facility, and related facilities. Golf Course Committee - The Golf Course Committee is the group of individuals appointed by the City Manager. The composition of the Golf Course Committee may, from time to time, be altered in size or membership by the City Manager. Golf Resort Expenses - Unless otherwise excluded in this Agreement, “Golf Resort Expenses” means, all costs and expenses incurred in the management, operation, and maintenance of the Golf Resort, including (a) all expenditures incurred by Kemper in the performance of its obligations under this Agreement on behalf of the City, including without limitation Compensation, or expenditures incurred by the City for the benefit of the Golf Resort; (b) all expenses specifically identified as “Golf Resort Expenses” in this Agreement; and (c) all other expenses incurred by Kemper in connection with management, operation, and maintenance of the Golf Resort or this Agreement, which expenses were not reasonably anticipated by the parties or otherwise provided in this Agreement and which expenses, if assumed by Kemper, would be consistent with the role of a golf resort manager; provided, however, any such unplanned expense which exceeds $10,000 must have prior written approval from the City Representative, which decision approval shall be acted upon by the City Representative within 15 days of receipt of a written request for approval and shall not be unreasonably withheld. The City shall Page 462 of 658 -3- P6401-0001\2645821v8.doc be deemed to have approved any unplanned expense that exceeds $10,000, if the City Representative co-signs a check for such expense. Unplanned expenses shall not include expenses that are included in a quarterly budget and amended Annual Plan approved by the City Representative under section 3.2.3. City acknowledges and agrees that it has the sole responsibility to provide funds for all budgeted or subsequently approved Golf Resort Expenses. Golf Resort Expenses shall not include (i) any expenses of Kemper’s corporate office; or (ii) any cost or expense directly or indirectly or related to any employment claim brought by a Kemper employee that arises from the negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions of Kemper, any of its Key Employees, or any of its salaried team leaders (for example, the General Manager, Controller, HR Manager, Sales & Marketing Director, Catering Director, Director of Golf, Head Golf Professional, Food & Beverage Director, Executive Chef, and Golf Course Superintendent) in performing the management, operation, or maintenance services hereunder. If a cost or expense is to be purchased by Kemper on a basis that also applies to Kemper’s operations at locations other than the Golf Resort, (e.g., blanket insurance coverage, or bulk software licenses or equipment purchases to be used at other courses, etc.) only that portion of such expenses allocable to the Golf Resort may be reimbursed as a Golf Resort Expense, and such portion must be approved in the City’s sole discretion in writing prior to the cost or expense being incurred. Gross Revenues - The term “Gross Revenues” in this Agreement means all money received as a result of the operation of the Golf Resort and the sale of goods and services at the Golf Resort, determined on a cash basis in accordance with generally accepted accounting principles consistently applied. Gross Revenues shall include all green fees; rental fees for golf carts, golf clubs and bags, and other rental items; bag storage fees; range balls; reservation fees; fees for golf handicap service; rental and concession payments; food and beverage sales; liquor sales; revenue generated from space rentals and from meetings, banquets, parties, receptions, tournaments, and other group gatherings; merchandise sales; golf instruction fees; golf instruction permit fees paid by independent contractors; and revenues received by the City from golf schools operated by the City or Kemper. The following shall be excluded from Gross Revenues: A. Cost of goods returned to suppliers. B. Monies and or credits received in settlement of claims for loss or damage to goods, wares, food, or merchandise. C. Compensation paid by customers to independent contractor golf professionals providing lessons and related services. D. Revenues from the Learning Center, unless operated by Kemper. E. The amount of cash refunded or credit allowed on merchandise or gift certificates returned by customers, or the amount of cash refunded or credit allowed in lieu of Kemper’s acceptance therefor. Page 463 of 658 -4- P6401-0001\2645821v8.doc F. Receipts in the form of refunds from, or the value of merchandise, supplies or equipment returned to, shippers, suppliers or manufacturers. G. Credit card carrying charges. H. All sales taxes, admissions taxes, use taxes, so-called luxury taxes, entertainment taxes, value added taxes, excise taxes, gross receipt taxes, and similar taxes, whether imposed under any Legal Requirements, upon the sales of food, beverages, merchandise or services, and whether or not added to or included in the selling price; I. Delivery charges. J. Interest, service or sales carrying charges paid by customers for extension of credit on sales. K. Any receipts from the transfer of goods, wares or merchandise from the Golf Resort to any other store owned by the City. L. Bad debts and bad checks. M. Proceeds of insurance, except business interruption insurance proceeds. N. Receipts from vending machines, telephones, lottery ticket sales, stamp machines, and the like. O. Receipts from sales to Kemper employees at a discount. P. Proceeds from the sale of fixtures or equipment or of all or of a substantial part of the stock-in-trade and merchandise at a sale other than at retail, or the sale of the business as a whole. Q. Proceeds from the bulk sale of any merchandise (i.e., a sale not made in the ordinary course of business). R. Gross receipts received by licensees or concessionaires, except to the extent any portion of such receipts is received by the Golf Resort. S. The amount of any gratuities paid or given by customers to Golf Resort employees, or service charges added to customer billings which represent gratuities to Golf Resort employees. T. Proceeds of any borrowings by Kemper or the City. U. Any amount received by Kemper in connection with any claim, demand, or lawsuit. Page 464 of 658 -5- P6401-0001\2645821v8.doc V. Initial operating funds in the Golf Resort Accounts and funds subsequently provided by the City, if any. Impositions - All taxes and assessments (including without limitation real property taxes and assessments, possessory interest taxes, and personal property taxes), water, sewer or other similar rents, rates and charges, levies, license fees, permit fees, inspection fees and other authorization fees and charges, which at any time may be assessed, levied, confirmed or imposed on the Golf Resort or the operation of the Golf Resort. Insurance Requirements - All requirements of each insurance policy, and all orders, rules, regulations and other requirements of the National Board of Fire Underwriters (or any other body exercising similar functions) applicable to the Golf Resort or the management, operation, and maintenance of the Golf Resort. Kemper - Kemper Sports Management, LLC., or any successor to Kemper’s interest under this Agreement as provided in Section 9.2 of this Agreement approved by the City. Key Employees – A Key Employee of Kemper shall mean any individual holding any of the following positions at any time during the Term: the general manager, superintendent, director of golf or head professional, or any employee of Kemper’s corporate office that has direct or indirect oversight of the management of the Golf Resort. Learning Center - The Learning Center, also known as “The Academy,” is a free-standing facility, located adjacent to the driving range, providing golf services to the Golf Resort independent of Clubhouse facilities. Legal Requirements - All federal, state, City and local laws, statutes, ordinances, orders, rules, regulations, permits, licenses, authorizations, directives and requirements of all governments and governmental authorities, which now or hereafter may be applicable to Kemper, to the Golf Resort, or to the management, operation, or maintenance of the Golf Resort. Negligence; Negligent - The unmodified terms “negligence” and “negligent” in this agreement shall refer to ordinary negligence unless otherwise stated. Operating Inventory - Consumable items used in, or held in storage for use in, the operation of the Golf Resort, including but not limited to score cards and cart tickets, driving range balls, golf pro shop merchandise, food and beverage inventory, kitchen supplies, paper and plastic ware, locker room and bathroom supplies, towels, fuel, cleaning materials, fertilizers, pesticides, seed, maintenance parts and supplies, office supplies, and other similar items. Operating Year - An Operating Year shall be a 12-month period during the term of this Agreement commencing on July 1 and continuing through and including the following June 30. Page 465 of 658 -6- P6401-0001\2645821v8.doc PDRFC – The Palm Desert Recreational Facilities Corporation, a California nonprofit public benefit corporation. Resident - A Resident is a person whose primary residence is the City. Restaurant - The Restaurant shall mean each location at the clubhouse premises and Golf Resort where food and beverage operations occur, including selling of alcoholic beverages at the restaurant, bars, banquets, outside catering, and on-course food and beverage operations. State - The State of California. ARTICLE II TERM OF AGREEMENT II.1 Term. II.1.a Subject to the provisions of Article 8, the term of this Agreement (“Term”) shall commence on July 1, 2022 (the “Commencement Date”) and continue through June 30, 2027 (the “Expiration Date”). II.1.b Subject to the provisions of Article 8, the City, at its option, may extend the Term of this Agreement for one additional period up to a maximum of five years at the discretion of the City Council, by giving written notice of the exercise of such option to Kemper prior to January 1, 2027. In the event of the exercise of such option by the City, all other terms of this Agreement shall remain the same, except the Expiration Date in Section 2.1.1 hereof shall be changed accordingly, and the Fixed Management Fee for the Extended Term shall be as set forth in Section 6.1. II.1.c On the Expiration Date, or the earlier Termination Date, pursuant to Article 8, Kemper shall provide the City and PDRFC with an inventory of all City or PDRFC property of any kind, respectively, and shall deliver possession of the same to the City or PDRFC immediately upon such terms as the City and PDRFC direct in their sole discretion. Kemper also shall provide the City all non-proprietary books, records, computer data, and other electronic forms of information relating to the management, operation and maintenance of the Golf Resort including, without limitation, all such books, records, computer data, and other forms of electronic information described in Sections 7.5 and 7.8. PROVIDED, however, that no information on the revenues, expenses or other financial or management measures of the Golf Resort’s operations shall be withheld from the City as being “proprietary” and Kemper may provide such information in redacted form where commingled with other “proprietary” information. ARTICLE III OPERATING RESPONSIBILITIES Page 466 of 658 -7- P6401-0001\2645821v8.doc III.1 Management of the Golf Resort by Kemper. The City hereby contracts with Kemper to manage, operate, and maintain the Golf Resort pursuant to the terms of this Agreement, and Kemper agrees it shall manage and operate the Golf Resort pursuant to the terms of this Agreement. Subject to the terms of this Agreement, Kemper shall have the authority and responsibility to: (a) determine, establish, and implement the policies, standards, and schedules for the management, operation, and maintenance of the Golf Resort and all matters affecting customer relations; (b) hire, train, and supervise the general manager, course superintendent, and all Golf Resort employees; (c) supervise and direct all phases of advertising, sales, and business promotion for the Golf Resort; and (d) establish accounting and payroll procedures and functions for the Golf Resort. The City agrees it shall cooperate with Kemper to permit and assist Kemper to carry out its duties under this Agreement. All policies and procedures of Kemper relating to the Golf Resort including, but not limited to, rate ranges and those set forth in clauses (a) through (d), above, shall be subject to the approval of the City and the City Manager may, from time to time, recommend other policies or procedures, which Kemper shall follow and implement. III.2 Annual Plans. III.2.a Preparation and Approval. Kemper shall submit to the City Representative on or before execution of this Agreement by the City, and on or before each March 1, preceding the next Operating Year, the annual plan (the “Annual Plan”) for the Golf Resort for the next Operating Year. The Annual Plan shall include an operating budget containing estimates of all Golf Resort Expenses for the next Operating Year, including expenditures for (a) property management, operation, and maintenance, (b) repairs, replacements, and alterations which do not constitute Capital Improvements, (c) Furnishings and Equipment and Operating Inventory, and (d) advertising, sales, and business promotion. The Annual Plan shall also include the course maintenance plan and the marketing and business plan for the Golf Resort for the next Operating Year. The parties agree that they shall use their best efforts to limit any increase in Golf Resort Expenses during the Term of this Agreement to three percent (3%) per year. The parties understand that, as provided in Article IV of this Agreement, recommendations and budgets for Capital Improvements will be treated separately and will not form part of the Annual Plan. The Annual Plan shall be subject to the prior written approval of the City Representative not later than July 1 of each year, which approval shall not be unreasonably withheld. In the event of a dispute with regard to the Annual Plan, pending the resolution of such dispute, Kemper shall continue to manage, operate, and maintain the Golf Resort in accordance with the standards set forth in this Agreement at a level of expenditures comparable to those of the preceding Operating Year, plus up to an additional three percent (3%). This amount shall apply to actual costs, not to the Fixed Management Fee described in Section 6.1. III.2.b Compliance. Kemper shall comply, to the extent reasonably and commercially practicable, with the applicable Annual Plan. Kemper shall not spend for Golf Resort Expenses in excess of the amount budgeted in the Annual Plan, except to Page 467 of 658 -8- P6401-0001\2645821v8.doc the extent expenses are approved in writing by a City Representative or included within a quarterly budget and revised Annual Plan as provided in section 3.2.3, without the prior written consent of the City Representative. Notwithstanding the foregoing sentence, Kemper shall be entitled to make additional expenditures not authorized under the then applicable Annual Plan in the event of an emergency or in order to comply with any applicable Insurance Requirements or Legal Requirements. In such event, Kemper shall notify the City Representative by email and telephone of its intention to make such additional expenditure at or prior to the time such expenditure is made. III.2.c Quarterly Review of Annual Plan. The general manager of the Golf Resort shall offer and be reasonably available to meet not less frequently than quarterly with the City Manager and discuss the operating results of the Golf Resort. Kemper shall provide the City a report reconciling the budget for the immediately preceding quarter against actual revenue and expense, along with a schedule detailing any unplanned expenses in excess of $10,000 in such quarter approved by the City. The parties shall discuss any amendments or revisions to the Annual Plan to take into consideration variables or events that did not exist, or could not be anticipated by Kemper or the City, at the time the Annual Plan was prepared. At the request of the City Representative, Kemper shall prepare a revised Annual Plan subject to the prior approval of the City Representative. In addition to Quarterly Reviews of the Annual Plan with the general manager, the senior leadership of Kemper and the City Representative shall conduct a review in January of each Operating Year to discuss whether or not there may need to be a change in operating strategies for the remainder of the fiscal year due to unforeseen market changes that might require an adjustment to the Annual Plan. Further, if at any time during the Operating Year a material event occurs which results in a loss of revenues or increase in expenditures in excess of five percent (5%) of the budget, Kemper shall meet with the City Representative to present a plan to mitigate the financial and economic impact to the Golf Resort. Both Kemper and the City agree to promptly implement appropriate contingencies, policies and procedures to reasonably reduce the material loss of revenues or material increase in expenses. III.3 Responsibilities of Kemper. Kemper shall perform all services that are required for the management, operation, and maintenance of the Golf Resort, or cause the same to be performed for the Golf Resort, and all expenditures of Kemper and costs and expenses incurred by Kemper in performing these services shall be Golf Resort Expenses, unless otherwise excluded in this Agreement. The required services include, without limitation, the following: III.3.a Consummate arrangements with concessionaires, licensees, tenants of the City or subtenants of the City, or other intended users of the Golf Resort; III.3.b Enter into such contracts for the furnishing of utilities and maintenance and other services to the Golf Resort, subject to the terms of Section 3.6 below; III.3.c Make all repairs, decorations, replacements, additions, revisions, alterations, and improvements to the Golf Resort as shall be reasonably necessary for Page 468 of 658 -9- P6401-0001\2645821v8.doc maintenance of the Golf Resort in good order, condition and repair, subject to the terms of Article IV of this Agreement; III.3.d Incur such expenses as shall be necessary for the proper management, operation, and maintenance of the Golf Resort, including without limitation rental expenses for leased Furnishings and Equipment; III.3.e Maintain a level of Operating Inventory deemed appropriate by Kemper and the City Representative for supplying the needs of the Golf Resort and its customers; III.3.f Apply for, obtain and maintain, all licenses and permits and other Legal Requirements required of Kemper and the City in connection with the management, operation, and maintenance of the Golf Resort. The City agrees to execute any and all applications and such other documents as shall be reasonably required and to otherwise cooperate, in all reasonable respects, with Kemper in the application for, and obtaining and maintenance of, such licenses and permits. If licenses or permits, and other Legal Requirements for the Golf Resort are held (or to be held) in the City’s name, or the PDRFC’s name, then Kemper will assist the City with obtaining and maintaining such licenses and permits; III.3.g Use commercially reasonable efforts to do, or cause to be done, all such acts and things in and about the Golf Resort as shall be reasonably necessary to comply with all Insurance Requirements and Legal Requirements; III.3.h Pay all Golf Resort Expenses, Impositions and insurance premiums, whether incurred by the City or Kemper, when due; III.3.i Implement a marketing, advertising, and promotional plan for the Golf Resort; III.3.j Purchase Furnishings and Equipment on behalf of the City necessary to manage, operate, and maintain the Golf Resort in the manner provided in this Agreement. III.3.k Purchase and maintain all computer software, hardware, and information technology necessary to manage, operate, and maintain the Golf Resort. Kemper shall implement commercially reasonable measures to prevent and protect against malicious attack upon, or the unauthorized access by third-parties to, computer systems of the Golf Resort, the City, or PDRFC accessed through the Golf Resort or computer systems operated, controlled, or managed by Kemper. III.4 Personnel. III.4.a General. Kemper shall recruit, hire, train, discharge, promote and supervise the management staff of the Golf Resort (i.e., the general manager, the course superintendent, and other Key Employees), and Kemper shall supervise through the management staff the recruiting, hiring, training, discharge, promotion, and work of all Page 469 of 658 -10- P6401-0001\2645821v8.doc other employees of Kemper at the Golf Resort. As soon as reasonably practicable, Kemper shall confidentially notify the City Representative and the City Manager of any termination of a Key Employee and the reason therefor at or prior to the time of such termination. As soon as reasonably practicable, Kemper shall confidentially notify the City Representative and the City Manager of any termination which Kemper believes may result in a claim. All employees of Kemper at the Golf Resort shall be employees of Kemper, not the City, and shall be properly experienced and qualified for their positions. Kemper may at Kemper’s expense assign its management trainees to the Golf Resort. From time to time, Kemper shall provide all required training to its employees, including but not limited to any required harassment prevention training, and safety training with respect to the California Occupational Safety and Health Act. Kemper shall develop a drug/alcohol free workplace policy for the Golf Resort, subject to the reasonable approval of the City. III.4.b Pension and Benefit Plans. Subject to written approval by the City Representative, Kemper shall have the right to provide the onsite employees of the Golf Resort with pensions and other employee retirement benefits and disability, health and welfare benefits, and other benefit plans at customary levels now or hereafter available to similarly situated employees of other golf courses and country clubs operated by Kemper, and the allocable share of such employee benefits accrued while working at the Golf Resort shall be a Golf Resort Expense. III.4.c Temporary Assignment of Other Kemper Personnel. If the positions of Key Employees are not filled for whatever reason, Kemper may temporarily assign to these positions the staff of other golf courses and country clubs operated by Kemper. The use of temporary assignments to the Golf Resort shall not result in increased Golf Resort Expenses without the prior written approval of the City. III.4.d Management Staff. The general manager of the Golf Resort shall be responsible for the day to day management, operation, and maintenance of the Golf Resort. The general manager shall possess necessary skill and experience to manage the Golf Resort to a level of quality comparable to, and competitive with, other first class golf resorts in the Coachella Valley. Kemper shall present the City with the names and qualifications of individuals whom Kemper proposes to hire to fill the position of general manager and City, in its sole discretion (exercised in good faith) as communicated by the City Representative, shall be entitled to veto the proposed individual and request an alternate be proposed. The name and telephone numbers (home, cellular, and business) of the general manager shall be provided, in writing, to the City Representative and the City Manager and shall be current at all times. The general manager shall be reasonably available during normal working hours to meet with the City Representative. After normal working hours, the general manager shall be available at reasonable times to appear at the Golf Resort if deemed necessary by the City Representative. City, in its sole discretion (exercised in good faith), may request Kemper to replace the general manager at any time. Within thirty (30) days after receiving a written request from the City Representative to replace a general manager, Kemper shall propose a replacement pursuant to the process set forth in this section. Kemper shall use all reasonable measures to complete the replacement process with ninety (90) days and to ensure the Page 470 of 658 -11- P6401-0001\2645821v8.doc Golf Resort has competent management during the replacement process. The course superintendent for the Golf Resort shall be a member in good standing of the Golf Course Superintendents Association. The director of golf for the Golf Resort shall be a current Class “A” member in good standing of the Professional Golf Association of America. III.4.e Key Employees. During the Term and for a period of two (2) years after the end of the Term, it is agreed that the City shall not, directly or indirectly, seek to contact, entice or discuss employment opportunities with any Key Employee of Kemper nor shall the City otherwise seek to employ or otherwise engage, directly or indirectly, any such Key Employee, without first obtaining the written consent of Kemper. III.5 Specific Operating Procedures. In addition to the more general responsibilities of Kemper as manager of the Golf Resort as provided in this Article, Kemper shall manage, operate, and maintain the Golf Resort in accordance with the following operating procedures: III.5.a Golf Resort Hours of Operation. Except upon the occurrence of the events described in Article X of this Agreement, the Golf Resort shall be kept fully open to adequately serve the public utilizing the Golf Resort, except for instances in which normal maintenance requires temporary closure, as determined by Kemper and the City in such parties’ reasonable discretion. After seven days prior written notice to the City Representative, the golf courses and the driving range may be closed at the same time for winter over seeding. The inside food and beverage services of the Golf Resort clubhouse shall be open all year, except as otherwise approved in writing by the City Representative. The hours of food and beverage services in the clubhouse restaurant shall be adequate to serve the general public, subject to the approval of the City Representative. The City shall have the right to temporarily close parts of or the entire Golf Resort, driving range, clubhouse, academy, and all other facilities for special use event(s) with written notice to Kemper not less than 60 days prior to the date of such special event(s). III.5.b Fees and Charges. Kemper shall recommend, and the City shall establish, from time to time, all fees and charges for use of the golf course, golf carts, bag storage, club rental and driving range. All other fees, charges, and prices for services at the Golf Resort shall be set by Kemper and subject to approval by the City Representative, and shall be comparable to and competitive with other first class golf resorts in the Coachella Valley. III.5.c Dress Code. Kemper shall establish a dress code for the Golf Resort, which shall be subject to approval in writing by the City Representative. III.5.d Handicap Service. During the Term of this Agreement, Kemper shall implement a United States Golf Association golf handicap service for golfers who patronize the Golf Resort. Kemper shall make the necessary arrangements to implement such a handicap system. The fee charged to golfers by Kemper for such handicap service shall be an annual fee and shall not exceed two times the fee charged to the Golf Resort by Southern California Golf Association or United States Golf Association, as the case Page 471 of 658 -12- P6401-0001\2645821v8.doc may be, for providing the handicap service. The handicap service shall not include as part of its benefits any privileges to use the golf courses, other than the privileges otherwise available to the public. III.5.e Starter Service and Marshals. Starter services shall be provided in the golf pro shop, and shall include the assignment of tee times and carts and the collection of fees. While the golf courses are open for play, marshals shall closely monitor and control the speed of play and assist the slower golfers in order to maintain golf play at acceptable levels, in a manner to be determined by Kemper in its reasonable judgment. III.5.f Club Cleaning. Golf club cleaning services shall be provided to golfers immediately upon their completion of golf play. There shall be no charge to the golfers for golf club cleaning services. Kemper employees may accept gratuities from golfers for such services. III.5.g Tee Times. The tee time schedule for the golf courses shall be recommended by Kemper and subject to approval by the City Representative, provided that no schedule shall result in groups starting rounds more frequently than every eight minutes. “Starter” tee times shall not be reserved, and the starter shall not work in groups if it will result in not remaining “on schedule” throughout the day. III.5.h Tournaments. Consecutive tee times, shotgun starting formats, and modified shotgun starting formats shall be acceptable forms of reservations for tournaments. During the appropriate seasons and provided the weather conditions permit such an arrangement, when a full shotgun (use of all 18 holes) starting procedure is used, it shall be timed in such a manner so as to potentially accommodate two full shotguns per day - one in the morning and one in the afternoon. In preparation for a tournament, Kemper shall, if necessary, prepare tee settings, spectator areas, and tents for judges and players and shall mark hazards and damaged turf areas. Kemper shall provide player identification cards for golf carts, and if necessary provide “closest to the pin” and “longest drive” markers and scoring forms. If requested, Kemper shall arrange for food and beverage services from the Restaurant including box lunches and beverage carts. Kemper may charge a separate fee if the tournament group wants any additional services, including, but not limited to: prior reservations, bag handling, merchandise, food and beverage services, scoring, shuttle service between hotels and the Golf Resort, videotaping, portraits, shoe cleaning services, or club cleaning services. III.5.i Golf Pro Shops. The golf pro shop(s) shall be open for business in accordance with the provisions of Section 3.5.1. Kemper shall employ a qualified person for the golf pro shops, who shall be responsible for promoting and increasing sales at the golf pro shops. Kemper shall employ qualified personnel to work in the golf pro shops each day that the golf courses are open for play. Merchandise that can reasonably be classified as “stale” or “unsalable” may be marked down. If Kemper determines that any aged merchandise in the golf pro shops should not be sold, whether on a discounted basis or otherwise, because of the reputation or image of the golf pro shops, then with the written approval of the City Representative, Kemper may purchase with its own funds (and not from the Golf Resort Accounts) such merchandise at cost for purposes of selling Page 472 of 658 -13- P6401-0001\2645821v8.doc such merchandise at other golf courses operated by Kemper. Space shall be provided in the golf pro shops for merchandise that the City may develop as part of its marketing programs. III.5.j Learning Center. Kemper may manage, operate, and maintain a Learning Center on the designated Learning Center area on the Golf Resort. The City shall have the right, at the City’s sole discretion, to re-purpose or close the Learning Center at any time upon 45 days’ written notice to Kemper. III.5.k Golf Instruction. Kemper shall either employ or shall retain, as a Golf Resort Expense, as independent contractors golf instructors to provide golf lessons and golf instruction at the Golf Resort. All golf instructors must be certified Professional Golf Association or Ladies Professional Golf Association golf professionals or apprentices, and shall be certified by the director of golf at the Golf Resort. All fees received by Kemper for the privilege of providing golf instruction by independent contractors shall be handled and reported in the same manner as green fees. Kemper shall develop a golf instructional program that will offer individual and group lessons, video instruction, golf clinics, junior golf clinics, and golf schools. Arrangements with independent contractor golf instructors shall be cancellable without cause on 30 days (or less) notice and fees paid to Kemper by such golf instructors for the privilege of providing instruction at the Golf Resort shall be comparable to fees paid to other golf courses in the Coachella Valley. III.5.l Golf Driving Range. The driving range property shall be open in accordance with the provisions of Section 3.5.1. The driving range building shall be staffed appropriately by Kemper. Driving range balls shall be of reasonable and appropriate quality, and all cracked and worn range balls shall be removed daily. A driving range fee shall be recommended by Kemper and set in writing by the City Representative. III.5.m Golf Club Rentals and Bag Storage. Rental golf clubs and bags shall be available for customers of the Golf Resort. Storage space for golf bags shall be made available, and bag tags shall be placed on all golf bags stored at the Golf Resort with the name of the player printed on the bag tag. The fee for golf bag storage shall be recommended by Kemper and set in writing by the City Representative. III.5.n Golf Carts. Golf cart rentals shall be required for all golfers on the golf courses. Kemper shall not permit the use of private golf carts on the golf courses. A minimum of 160 electrically powered golf carts shall be maintained at the Golf Resort. Golf carts shall be new when acquired and shall be manufactured by a reputable firm. The entire golf cart fleet shall be replaced with new units upon Kemper’s recommendation, but subject to written approval by the City Representative. All golf carts shall be four-wheel vehicles, and shall be equipped with canopies, windshields, coolers, and sand and seed containers and holders. Kemper shall employ a mechanic who is qualified to repair and maintain the golf carts or provide for third-party maintenance through the golf cart lease agreement or an authorized manufacturer’s representative. III.5.o Food and Beverage Operations. The Golf Resort shall include a restaurant located in the clubhouse and a snack bar. Temporary food stands shall not be Page 473 of 658 -14- P6401-0001\2645821v8.doc installed on the golf courses except for special events. If permitted by applicable law, with the prior written consent of the City Representative, Kemper may establish an on- course cart food and beverage service. Kemper shall comply with all Legal Requirements governing the sale and distribution of alcoholic beverages. Kemper shall obtain and maintain all permits from the County of Riverside Department of Health for all food and beverage operations at the Golf Resort. Kemper shall obtain all necessary licenses required for operation of the Restaurant. Kemper shall comply with all regulations of the County of Riverside Department of Health and all other present and future Legal Requirements. All food service employees shall possess valid food handler cards, and a copy of these cards shall be maintained in the administrative office at the Golf Resort. Kemper shall comply with all Legal Requirements to health and disease testing as now or hereafter required by applicable law, for all food and beverage employees. Prices of food and beverages sold at the Golf Resort shall be comparable to prices charged at other first class golf resorts in the Coachella Valley. III.5.p Office Operations. Kemper shall employ an administrative staff at the Golf Resort to accomplish the administrative functions as required by this Agreement. The Golf Resort shall be equipped with all necessary equipment to allow for the efficient administration of the Golf Resort business. Upon the written request of the City Representative, Kemper shall provide the City with a written job description for each management position at the Golf Resort. The City shall keep these job descriptions in strict confidence, subject to applicable public records disclosure laws. III.5.q Safety and Security. Kemper shall take all commercially reasonable action to cause the Golf Resort to comply with all safety regulations of federal, state, and local governmental agencies and their instrumentalities, including without limitation any requirements imposed by California Labor Code Sections 1720 et seq. and 6300 et seq. and regulations promulgated with respect thereto, and applicable occupational, health, and safety Legal Requirements. Kemper shall take all reasonable actions to protect the safety of all Golf Resort employees, customers and visitors. The Golf Resort shall contain appropriate security systems as determined by Kemper. III.5.r Customer Forms. Forms shall be visible and readily available to customers of the Golf Resort to present their comments or complaints regarding the Golf Resort. Completed forms shall be made available to the City Representative upon request. III.6 Contracts and Agreements. Except as provided below, all leases and financing agreements for Furnishings and Equipment, and all contracts and agreements relating to the management, operation, and maintenance of the Golf Resort (including without limitation contracts for maintenance and repair services, pest control, supplies, and landscaping services, and agreements for tournaments, banquets, and other group functions), entered into during the Term of this Agreement shall be entered into by Kemper as the contracting party, on behalf of the City unless mutually agreed upon to the contrary. If the term of the lease, financing agreement, or other contract or agreement extends beyond the Expiration Date of this Agreement or if the date for performance under such contract is after the Expiration Date of this Agreement, then the City (and not Page 474 of 658 -15- P6401-0001\2645821v8.doc Kemper) shall be the contracting party to such contract and Kemper shall obtain approval from the City Representative prior to entering into such lease, financing agreement, or other contract or agreement. The preceding sentence shall not apply to agreements for tournaments, banquets, and other group functions to take place after the expiration date of this Agreement, and such agreements shall be entered into by Kemper on behalf of the City. Upon the expiration or earlier termination (for whatever reason) of this Agreement, the City agrees to assume all contracts and agreements entered into in Kemper’s name on behalf of the City in accordance with this Section 3.6. III.7 Alterations to Buildings. Kemper shall not make any alterations, additions, or changes to the exterior appearance or the structural nature of the clubhouse, golf pro shop, maintenance building, or other buildings located at the Golf Resort without the prior written consent of the City. III.8 Operation and Maintenance Standards. The parties acknowledge and agree that the Golf Resort shall be managed, operated, and maintained as a first class golf resort. In addition to all other responsibilities of Kemper under this Agreement, Kemper agrees that at all times during the Term of this Agreement the Golf Resort shall be managed, operated, and maintained in accordance with the Standards for Operation and Maintenance set forth as Exhibit “A” of this Agreement. Kemper shall update Exhibit “A” from time to time as necessary and subject to approval by the City’s Representative. The City Representative may, from time to time, inspect the Golf Resort for purposes of compliance with the terms of this Section 3.8. The City Representative shall act reasonably and in good faith in making the determination whether the Standards for Operation and Maintenance have been satisfied and, if not, the City Representative shall provide Kemper with a list of written deficiencies. Kemper shall correct such deficiencies within 30 days of receipt of such written list of deficiencies. Except as provided below, if a particular corrective action item has not been corrected, improved, or repaired within 30 days after receipt of the report containing the corrective action item, then the City shall have the right to declare a default hereunder and terminate this Agreement pursuant to Section 8.1. The following items shall be excluded from the evaluation form for purposes of determining whether a corrective action item has been corrected, improved, or repaired within such 30-day period: (a) any outstanding corrective action item that Kemper is diligently and timely correcting in accordance with the time schedule jointly prepared by the City Representative and the general manager of the Golf Resort, as provided above, (b) any item in disagreement between the parties as provided in the immediately following paragraph, (c) any corrective action item in which the correction, improvement, or repair is considered a Capital Improvement, and (d) any corrective action item that Kemper is unable to correct, improve, or repair because of the occurrence of a “Force Majeure Event” (as defined in Section 10.3 of this Agreement). In the event Kemper disagrees with the results of any evaluation form or in the event the parties disagree as to whether any corrective action item has been properly or timely corrected, improved, or repaired, then the parties shall submit the matter in disagreement to the Golf Course Committee. The parties agree that Kemper shall comply Page 475 of 658 -16- P6401-0001\2645821v8.doc with the recommendations made by the Golf Course Committee as to the correction, improvement, or repair of any corrective action item in accordance with Kemper’s responsibilities under this Agreement. If Kemper does not agree with the recommendation of the Golf Course Committee, the matter shall be submitted to the City Manager for determination and the decision of the City Manager shall be the final decision. III.9 Contract Administration. The City hereby designates the City Manager as the individual who is responsible for administering this Agreement on behalf of the City. The City Manager may designate any member or members of his or her staff or other person (a “City Representative”) to carry out the City Manager’s responsibilities under this Agreement. All written notices to the City hereunder shall be given to the City Manager in addition to any City Representative. As of the Commencement Date, Kemper has designated Jeremy Goldblatt, Executive Vice-President, as the individual who is responsible for administering this Agreement on behalf of Kemper. Kemper shall notify the City Manager in writing if another individual has replaced Jeremy Goldblatt as the person responsible for administering this Agreement on behalf of Kemper. The parties acknowledge that except as otherwise expressly provided herein (a) the City Manager and the City Representative have the authority to approve or consent to those matters identified in this Agreement as requiring the City’s approval or consent and to make all other decisions on behalf of the City regarding the administration of this Agreement (except where approval by the City Council is expressly required herein), and (b) Jeremy Goldblatt or such other individual designated by Kemper has the authority to approve or consent to those matters identified in this Agreement as requiring Kemper’s approval or consent and to make all other decisions on behalf of Kemper regarding the administration of this Agreement. The City’s management direction to Kemper shall be given by the City Manager or a City Representative. III.10 Meetings with Golf Course Committee. The General Manager of the Golf Resort shall attend all meetings of the Golf Course Committee and discuss all standards, changes, policies and other matters required to be discussed. III.11 Compliance with Environmental Laws. In performing its responsibilities under this Agreement, Kemper shall comply with all Legal Requirements pertaining to the storage, use, and disposal of “hazardous or toxic wastes, substances, or materials” as defined by applicable law, to the extent such “hazardous or toxic wastes, substances, or materials” are within Kemper’s control or under Kemper’s management. The City shall not exercise any remedies to terminate this Agreement in the event of non-material breach hereof. Kemper agrees to indemnify the City for any costs, fees, fines, or losses that may result from environmental contamination or natural resource damage if caused by Kemper’s negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions in its performance under this Agreement or its management, operation or maintenance of the Golf Resort, including, without limitation, the storage, use or disposal by Kemper, or any other party under Kemper’s management, supervision or control, of any hazardous or toxic substances, materials or wastes whatsoever, such as, but not limited to, herbicides, pesticides, algicides or other water treatment chemicals. The City acknowledges and agrees that City shall be responsible for any legal or other liability or Page 476 of 658 -17- P6401-0001\2645821v8.doc damage arising out of the presence of environmental contamination or natural resource damage on the subject property by any cause other than Kemper’s negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions in its performance under this Agreement or its management, operation, or maintenance of the Golf Resort, including, without limitation, the storage, use or disposal by Kemper, or any other party under Kemper’s management, supervision or control, of any hazardous or toxic substances, materials or wastes whatsoever, such as, but not limited to, herbicides, pesticides, algicides or other water treatment chemicals III.12 Cooperation with other City Agreements. Kemper agrees to honor and cooperate with the City in all agreements between the City and third parties and all City policies concerning the use of the Golf Resort. To the extent that such agreements and policies impact on the management, operation, or maintenance of the Golf Resort, Kemper shall have the right to review and comment on such agreements and policies prior to their approval by the City. The City may approve or disapprove of any such agreements and policies in its sole and absolute discretion. III.13 Radius Restriction. During the Term of this Agreement, neither Kemper nor any Affiliate or subsidiary of Kemper shall own, manage, operate, or maintain: (i) any other golf course or restaurant within the City of Palm Desert City Limits; or (ii) any other daily fee golf course, resort golf course, or municipal golf course in the Coachella Valley. III.14 Good Standing. Kemper shall be a management company recognized in the golf course management community as a first-class manager of high-quality golf courses and shall be authorized to conduct business in the City. III.15 Prevailing Wages. Kemper is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. If the services identified in the Agreement (“Services”) are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Kemper agrees to fully comply with such Prevailing Wage Laws. City has obtained a copy of the prevailing rates of per diem wages for each craft, classification, or type of worker needed to perform the Services. These rates are on file with the City Clerk or they may be obtained at http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm. Kemper shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at Kemper’s principal place of business and at the project site. Pursuant to the provisions of 1775 of the Labor Code, Kemper shall forfeit to the City, as a penalty, not more than $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this contract, by him or by any subcontractor under him, in violation of the provisions of this Agreement. It is the intent of the parties to effectuate the requirements of Sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within the Agreement, Page 477 of 658 -18- P6401-0001\2645821v8.doc and Kemper shall therefore comply with such Labor Code sections to the fullest extent required by law. Kemper shall defend, indemnify and hold City, PDRFC, and their respective council members, elected and appointed officers, officials, directors, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. III.16 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000, when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000, when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code Sections 1725.5 and 1771.1, Kemper and all subcontractors must be registered with DIR. Kemper shall maintain registration for the duration of the project and require the same of any subcontractors. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Kemper’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by DIR against Kemper or any subcontractors that affect Kemper’s performance of Services, including any delay, shall be Kemper’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Kemper’s caused delay and shall not be compensable by City. Kemper shall defend, indemnify and hold City, PDRFC, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers free and harmless from any claim or liability arising out of stop orders issued by DIR against Kemper or any subcontractor. III.17 Labor Certification. By its signature hereunder, Kemper certifies that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's 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. ARTICLE IV CAPITAL IMPROVEMENTS IV.1 Capital Improvement Plans. Kemper shall submit to the City on or before July 1, 2022, and thereafter on March 1 of each year during the Term of this Agreement a “Capital Improvement Plan” for the Golf Resort for the next Operating Year, which shall include Kemper’s recommendation of Capital Improvement projects for the next Operating Year and the estimated costs of such Capital Improvement projects. IV.2 Implementation of Capital Improvement Projects. The parties acknowledge and agree that all Capital Improvement projects are in the sole control and discretion of the City, and all costs and expenses of Capital Improvement projects shall be paid from City funds. The costs and expenses of Capital Improvement projects shall not be considered Golf Resort Expenses. The parties acknowledge and agree that this Agreement imposes no responsibilities or obligations on the part of Kemper with respect to any aspect of a Capital Improvement project, including design, construction, or Page 478 of 658 -19- P6401-0001\2645821v8.doc supervision. In the event the City desires Kemper to be involved in any capacity in a Capital Improvement project, the parties shall enter into a separate agreement setting forth the terms and conditions of such involvement, including without limitation fees to be received by Kemper for such involvement. ARTICLE V INSURANCE Without limiting Kemper’s indemnification of the City or PDRFC, and prior to execution of the Agreement by the City, Kemper shall procure, provide and maintain during the Term of this Agreement, policies of insurance of the type and amounts described below and in a form that is satisfactory to the City. V.1 General Liability Insurance. Kemper shall procure and 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 $10,000,000 per occurrence, $10,000,000 general aggregate, on a per location basis, for all activities of Kemper under this Agreement, including coverage for bodily injury, personal injury, property damage, advertising injury, products liability, contractual liability and full liquor liability. Liquor liability coverage shall apply to all alcohol/liquor-related incidents arising out of liquor service at the Golf Resort, including without limitation hosted alcohol service and sale of alcohol in any form. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. V.2 Automobile Liability Insurance. Kemper shall procure and 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 Kemper under this Agreement, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $10,000,000 combined single limit for each accident. V.3 Umbrella or Excess Liability Insurance. Kemper may opt to utilize umbrella or excess liability insurance in meeting insurance requirements. In such circumstances, Kemper may procure and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury property damage, advertising injury, products liability, contractual liability and full liquor liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer’s liability. Such policy or policies shall include the following terms and conditions: • A drop down feature only upon erosion of the underlying policy aggregate limit; • Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and. • Insureds under primary policies shall also be insureds under the umbrella or excess policies. Page 479 of 658 -20- P6401-0001\2645821v8.doc V.4 Workers’ Compensation Insurance. Kemper shall procure and maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000). Kemper shall require all subcontractors performing work for Kemper under this Agreement to procure and maintain workers compensation insurance covering such subcontractors’ employees. The City, PDRFC, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers shall not be responsible for any claims in law or equity occasioned by the failure of Kemper to comply with this section, or with Legal Requirements relating to workers compensation insurance. Kemper shall submit to the City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of the City, the PDRFC, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers. V.5 Personal Property Coverage. Kemper shall not be required to procure and maintain any first party property insurance for the Golf Resort. The City, in its sole discretion, may procure or maintain any first party property insurance for the Golf Resort that it deems necessary or self-insure for such risks. V.6 Crime Insurance/Fidelity Bond. Kemper shall procure and maintain crime insurance or fidelity bond coverage, naming all persons signing checks or otherwise possessing fiscal responsibilities on behalf of Kemper, including, but not limited to, officers, directors, trustees and employees of Kemper. Such coverage shall be no less than one $1,000,000 per occurrence, or equivalent to the estimated maximum funds in custody of Kemper, whichever is greater. V.7 Employment Practices Liability Insurance. Kemper shall procure and maintain Employment Practices Liability Insurance with limits of not less than $2,000,000 for each occurrence covering claims including, but not limited to, discrimination, wrongful termination, sexual harassment, and retaliation. The “City of Palm Desert, the Palm Desert Recreational Facilities Corporation (PDRFC), and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers” shall be named as additional insureds on a primary, non-contributory basis on such policy. Kemper may use a combination of primary and excess/umbrella policy/policies to satisfy the limits of liability required herein. The excess/umbrella policy/policies must provide the same coverages/follow form as the underlying policy/policies. Kemper shall provide an endorsement that their insurer waives the right of subrogation against the City, PDRFC, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers. V.8 Professional Liability (Errors & Omissions) Insurance. Kemper shall procure and maintain professional liability insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $2,000,000 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 Kemper agrees to procure and maintain continuous coverage through a period no less than three years after completion of the services required by this Agreement. Page 480 of 658 -21- P6401-0001\2645821v8.doc V.9 Cyber Liability Insurance. Kemper shall procure and maintain Cyber Liability insurance with limits of $1,000,000 per occurrence/loss, which shall include the following coverage: a. Liability arising from the theft, dissemination and/or use of confidential or personally identifiable information; including credit monitoring and regulatory fines arising from such theft, dissemination or use of the confidential information. b. Network security liability arising from the unauthorized use of, access to, or tampering with computer systems. c. Liability arising from the failure of technology products (software) required under the contract for Vendor to properly perform the services intended. d. Electronic Media Liability arising from personal injury, plagiarism or misappropriation of ideas, domain name infringement or improper deep-linking or framing, and infringement or violation of intellectual property rights. e. Liability arising from the failure to render professional services. If coverage is maintained on a claims-made basis, Kemper shall maintain such coverage for an additional period of three (3) years following termination of the Agreement. V.10 Pollution Liability Insurance. Kemper shall procure and maintain Environmental Impairment Liability Insurance written on a Contractor’s Pollution Liability form or other form acceptable to the City providing coverage for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $2,000,000 dollars per claim and in the aggregate. All activities contemplated in this Agreement shall be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. OTHER PROVISIONS OR REQUIREMENTS V.11 Right to Increase Amount of Insurance Coverage. Kemper shall have the right to increase, but not to decrease without the prior written consent of the City, the minimum amount of any insurance to be maintained by Kemper with respect to the Golf Resort under this section, in order to make such coverage comparable to the amount of insurance carried with respect to other golf courses and country clubs operated by Kemper, taking into account the size, character, and location of the Golf Resort. The types of insurance and the coverage amounts specified in this section are the requirements of the City in connection with the management, operation, and maintenance of the Golf Resort. The City acknowledges and understands that Kemper has made no representations or warranties that such insurance is adequate to protect the City or PDRFC. Kemper must obtain the City’s prior written approval to have any additional expenses under this section included as a Golf Resort Expense. Page 481 of 658 -22- P6401-0001\2645821v8.doc V.12 Additional Insurance Coverages. Kemper 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 in performance under this Agreement. Kemper must obtain the City’s prior written approval to have any additional expenses under this section included as a Golf Resort Expense. V.13 Insurance Maintained by Kemper. Any insurance maintained by Kemper under this section may contain deductible provisions and self-insurance or self- assumption provisions, but must be declared to and approved by the City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance or self-assumption provisions will not be considered to comply with these specifications unless approved by the City. The City understands and agrees that with respect to all policies of insurance required under this section other than Employment Practices Liability Insurance, the portion of any claim, loss, or damage subject to a deductible amount or a self-insurance or self-assumption amount shall be a Golf Resort Expense. Kemper shall obtain the City’s consent in writing from the City Representative at least 30 days prior to any increase in the deductible amount or self- insured or self-assumed amounts for the insurance coverage maintained by Kemper under this section. Any failure to comply with reporting or other provisions of the policies, including breach of warranties shall not affect coverage provided to the City, PDRFC, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers. V.14 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. V.15 Proof of Insurance. Kemper shall provide certificates of insurance to City as evidence of the insurance coverage required herein. Insurance certificates and required endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the Term of this Agreement. City reserves the right to require insurance summaries be prepared by Kemper’s insurance broker at any time. Upon request from the City, Kemper shall provide certified copies of all insurance coverage forms and endorsements related to any insurance required by this Agreement. Kemper may satisfy the requirement to provide certified copies of forms and endorsements either (i) by providing certified copies of actual policy documents with redactions of any information unrelated to the insurance requirements of this Agreement, or (ii) by providing specimen copies of such forms and endorsements certified to be accurate and correct by the insurance carrier. V.16 Duration of Coverage. Kemper shall procure and maintain, and ensure that all third-parties described in Section 5.28 procure and maintain, all required insurance for the duration of this Agreement and periods thereafter required herein. Page 482 of 658 -23- P6401-0001\2645821v8.doc V.17 Primary/Non-Contributing. Coverage provided by Kemper shall be primary and any insurance or self-insurance procured or maintained by City shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. V.18 Blanket Policies. Any insurance policies provided by Kemper under this Article V may be effected under policies of blanket insurance which cover other properties in addition to the Golf Resort, and in such case an allocable portion of the premiums for such blanket policies of insurance shall be considered a Golf Resort Expense. V.19 Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager. V.20 Waiver of Subrogation. As applicable, all insurance coverage procured or maintained pursuant to this Agreement shall be endorsed to waive subrogation against the “City of Palm Desert, the Palm Desert Recreational Facilities Corporation, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers,” or shall specifically allow Kemper or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. The Umbrella policy will follow this provision in the aforementioned primary insurance. Kemper hereby waives its own right of recovery against the City, PDRFC, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers, and shall require similar written express waivers and insurance clauses from each of its subcontractors or consultants. V.21 Enforcement of Contract Provisions (non estoppel). Kemper acknowledges and agrees that any actual or alleged failure on the part of the City to inform Kemper of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. V.22 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. If Kemper maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by Kemper. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Page 483 of 658 -24- P6401-0001\2645821v8.doc V.23 Notice of Cancellation. Kemper agrees to oblige its insurance agent or broker and insurers to provide the City a 30 day notice of cancellation (except for nonpayment for which a 10 day notice is required) or nonrenewal of coverage for each required coverage. V.24 Insurance Premium Expenses. The expense of insurance premiums for any insurance required by this Agreement shall be a Golf Resort Expense. V.25 Additional Insured Status. All applicable insurance policies including, but not limited to, the General Liability, Automobile Liability, and Pollution Liability policies shall provide or be endorsed to provide that the “City of Palm Desert, the Palm Desert Recreational Facilities Corporation, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers” 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/umbrella liability policies. V.26 Prohibition of Undisclosed Coverage Limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing. V.27 Separation of Insureds. A severability of interests provision must apply for all additional insureds ensuring that Kemper’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. V.28 Pass Through Clause. Kemper agrees to ensure that its consultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by Kemper, shall provide the same classes of insurance coverage and endorsements required of Kemper with coverage limits the same as required of Kemper, except that General Liability limits must be at least $1,000,000 per occurrence and $2,000,000 aggregate and Automobile Liability limits must be at least $1,000,000 combined single limit. Kemper agrees to ensure compliance with this section by obtaining and verifying certificates of insurance and policy endorsements, and shall provide such certificates and endorsements to the City. If Kemper believes that a class of insurance, or the limits for a class insurance, otherwise required of Kemper are inapplicable or unnecessary for a particular consultant, subcontractor, or other party described herein based on the third-party’s operations, Kemper may seek an exemption from the City Risk Manager, which will be effective if granted in writing. Kemper agrees that upon request, all agreements with consultants, subcontractors, and others engaged in the project will be submitted to City for review. V.29 City’s Right to Revise Specifications. The City reserves the right at any time during the Term of the Agreement to change the amounts and types of insurance required by giving Kemper ninety (90) days advance written notice of such change. If such change results in additional cost, such additional costs, shall be a Golf Resort Page 484 of 658 -25- P6401-0001\2645821v8.doc Expense. This section shall not apply to changes initiated by Kemper at its sole discretion, which changes shall be governed by Section 5.11 “Right to Increase Insurance Coverage.” If the City reduces insurance requirements, the change shall go into effect immediately and require no advanced written notice. V.30 Timely Notice of Claims. Kemper shall give City prompt and timely notice of claims made or suits instituted, or facts that reasonably would be likely to give rise claims or suits, that arise out of or result from Kemper’s performance under this Agreement, or are related in any way to the Golf Resort. Kemper also shall advise the City if any actual or potential claims or suits would be covered under any of the insurance policies required by this Agreement. V.31 Safety. Kemper shall execute and maintain its work so as to avoid injury or damage to any person or property. Kemper shall at all times be in compliance with all Legal Requirements, 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, consultants, and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or required by Legal Requirements to prevent accidents or injuries; and (c) adequate facilities for the proper inspection and maintenance of all safety measures. ARTICLE VI MANAGEMENT FEES TO KEMPER VI.1 Fixed Management Fee. For the period from the date of this Agreement to the expiration or earlier termination of the Term, but subject to the following paragraph, Kemper shall receive a “Fixed Management Fee” as follows: for the first Operating Year, $260,000; for the second Operating Year, $270,000; for the third Operating Year, $280,000; for the fourth Operating Year, $290,000; and for the fifth Operating Year, $300,000. If the City exercises its right to extend the Term of this Agreement pursuant to Section 2.1.2, the Fixed Management Fee for the first Operating Year of the extended term will be $300,000, with an increase to be agreed between the City and Kemper of not more than $10,000 per succeeding Operating Years, if any. The Fixed Management Fee shall be paid in equal monthly installments, in advance, on the first day of each calendar month. Any Fixed Management Fee owing at the expiration or early termination of this Agreement or resulting from correction of errors or adjustments shall be paid concurrently with the delivery to the City of the final statements per section 7.7.2 hereof. In the event of an early termination of this Agreement (i) Kemper only shall be paid the monthly installments of the Fixed Management Fee Page 485 of 658 -26- P6401-0001\2645821v8.doc through the effective date of termination; and (ii) if the termination date is not the last day of a calendar month, then Kemper only shall be paid a pro rata portion of the final monthly installment based on the date of termination. VI.2 Performance Incentive. In addition to the Fixed Management Fee, for the period from the date of this Agreement to the expiration of the Term, Kemper shall be eligible to receive a Performance Incentive (“Performance Incentive”) paid by the City at the end of each Operating Year. Such incentive, if any, shall not exceed $200,000 per Operating Year. The decision whether to grant a Performance Incentive shall be subject to the sole and absolute discretion of the City Manager and may consist of the following two elements: a. The City may pay up to a maximum of $150,000 as a Performance Incentive based on Kemper’s performance with regard to course and property conditions, while containing costs and expenses of the Golf Resort as evaluated as set forth in Exhibit “B.” b. The City may pay up to an additional maximum of $50,000 as a Performance Incentive based on consumer ratings of the Golf Resort as evaluated as set forth in Exhibit “C.” Solely at the request of City, City and Kemper shall meet and confer in good faith to modify any aspect of the evaluation items in Exhibits “B” and “C”, including, without limitation, deleting one or more items, adding additional items, or modifying the values of any item. The City Manager shall have the authority to approve any such changes and Kemper shall not unreasonably refuse consent to any change proposed by the City. ARTICLE VII ACCOUNTS; WORKING FUNDS; DISBURSEMENT OF FUNDS; RECORDS AND REPORTS VII.1 Golf Resort Accounts. VII.1.a The City has established bank accounts (“Golf Resort Accounts”) for the Golf Resort including: (i) a “Capital Reserve Account” to be used for approved capital expenditures; and (ii) one or more “Operating Account” or “Operating Accounts” for budgeted, non-capital Golf Resort Expenses. City may transfer the Golf Resort Accounts one or more times as City deems appropriate to another banking institution or institutions with branches located in the City and in close proximity to the Golf Resort, and all such accounts shall be in the City’s name. Kemper acknowledges that all funds in the Golf Resort Accounts on the Commencement Date are the sole property of the City. Kemper represents and warrants that prior to the Commencement Date and under the preceding management agreements, Kemper did not commingle the funds of Kemper or any other third-party with the funds in the Golf Resort Accounts. Kemper will collect and deposit daily in the Golf Resort Accounts designated by the City all monies received from the operation of the Golf Resort. The Operating Accounts shall be maintained as Page 486 of 658 -27- P6401-0001\2645821v8.doc described in more detail in Section 7.4. Kemper shall have check writing privileges, including ACH/EFT transaction, when applicable, with respect to the Operating Accounts, subject to a limit of $10,000 per check to third parties (not Kemper or an Affiliate), for the purpose of disbursement of the payment of Golf Resort Expenses as set forth in Sections 7.3 and 7.4 below. The City may from time to time require additional controls on cash disbursement privileges; to include checks, wires, EFT and ACH transactions. Notwithstanding the provisions of the foregoing sentence, subject to the City’s approval, Kemper shall be entitled to maintain funds in reasonable amounts in “cash banks” or in petty cash funds at the Golf Resort. VII.1.b All revenues generated by the Golf Resort shall be the property of the City. Revenue collection procedures shall be in accordance with the method approved by the City. The deposit shall be made with the bank no later than the next business day following the date on which the revenues are collected. Adequate records for daily deposits shall be retained by Kemper onsite at the Golf Resort and made available for City review and for the annual audit. VII.1.c Until such monies or other things of value have been deposited in the City’s account and verified by the bank in accordance with this Agreement, Kemper bears all risk of loss therefore, including, but not limited to, damage, destruction, disappearance, theft, fraudulent or any dishonest or unlawful act, or other hazard, irrespective of location and whether by Kemper’s employees or any other person or entity. Should such an event or act occur, Kemper shall notify as soon as possible the City Representative and the Riverside County Sheriff and Kemper shall prepare a report of such incident. Kemper shall notify the City of any operational changes deemed necessary by Kemper to safeguard the City’s monies and other things of value. VII.1.d Kemper shall require of the bank holding the City’s funds that all funds be secured to such an extent and in such a manner as is required by applicable Legal Requirements in connection with the deposit of funds of a city. VII.2 Accounting System. Kemper shall design, establish, implement and maintain procedures for the accounting and control of the revenues from the time of their collection by Kemper to the time of deposit at the bank. This shall include a system of internal controls to account for all gross revenues. Such procedures shall include each of the accounting and cash control processes identified and recommended by Kemper and approved by the City Finance Director or the Finance Director’s designee, which approval shall not unreasonably be withheld. VII.3 Disbursements from Operating Accounts. From the Operating Accounts (or, if applicable, from “cash banks” or petty cash funds available at the Golf Resort), Kemper is authorized to pay all Golf Resort Expenses when incurred, including fees due to Kemper under Section 6.1. Other reimbursable Golf Resort Expenses payable to Kemper shall be first approved by the City Representative and paid from any Golf Resort Accounts that the City Representative deems acceptable. Page 487 of 658 -28- P6401-0001\2645821v8.doc VII.4 Operating Accounts. Kemper shall use its commercially reasonable efforts to maintain at all times, sufficient funds in the Operating Account(s) to satisfy the daily working capital needs of the Golf Resort, including the timely payment of Golf Resort Expenses. Kemper shall immediately notify the City Representative whenever the balance of all funds in the Operating Account(s) is reasonably anticipated to fall, or actually does fall, below $500,000. Upon such notice, Kemper and the City shall meet and confer in good faith to consider steps to mitigate negative cash flow at the Golf Resort. If the balance of all funds in the Operating Account(s) falls below $250,000, Kemper and the City will meet and confer in good faith to coordinate a funding budget to ensure that valid, budgeted Golf Resort Expenses are payed in a timely manner. To the extent that the Golf Resort has annual capital expenditures under Section 4.2 to be paid from the Golf Resort Accounts, the maximum amount to be disbursed from the Golf Resort Accounts shall not exceed $100,000 annually without written approval of the City’s Representative. The City shall have the right to withdraw and retain any amounts in excess of the amounts required for maintaining the Golf Resort Accounts. For purposes of clarity, Kemper shall have no responsibility to provide any of its own funds to the Operating Accounts under this Section 7.4. VII.5 Books and Records. Kemper shall maintain in accordance with GAAP (Generally Accepted Accounting Principles) adequate books of account with respect to its management, operations, and maintenance of the facilities and shall maintain such books at its local offices in Palm Desert, California. Kemper shall keep full and accurate books of account and such other records (including computer data and other electronic forms of information) as are necessary to reflect the results of the management, operation, and maintenance of the Golf Resort. For this purpose, Kemper agrees it will make available to the City at all times all books and records in Kemper’s possession relating to the Golf Resort, including contract documents, invoices and construction records. All accounting records shall be maintained in accordance with generally accepted accounting principles and shall be maintained in a cash format for each Operating Year. All such books, records, and reports shall be maintained separately from other facilities operated by Kemper. Kemper shall keep digital back-up for all records including precautions for local system failures. All records at the Golf Resort shall be kept by Kemper in firesafe filing systems, off site storage firesafe files (including electronic storage) and/or electronic files. Kemper agrees to maintain reasonable and necessary accounting, operating, and administrative controls relating to the financial aspects of the Golf Resort, and such controls shall provide checks and balances designed to protect the Golf Resort, Kemper, and the City. Kemper shall maintain all financial and accounting books and records for not less than the longer of (i) three years or (ii) City’s then current retention policy, after the expiration or earlier termination of this Agreement, and the City shall have the right to inspect and audit such books and records during such period as provided in Section 7.6, below. Kemper shall provide the City with a verification and accounting system as directed by the City for all monies, gross receipts, revenues, fees, and charges collected at the Golf Resort. Such system shall include: Page 488 of 658 -29- P6401-0001\2645821v8.doc (a) Recordation of all sales by means of a point of sale system, which will display the amount of each sale and have the ability to issue a customer’s receipt electronically or on paper, at the discretion of the customer. Said system shall be sufficient to properly record all transactions and maintain appropriate internal controls to safeguard the cash and transactions. In the event of a mechanical or electrical failure of cash register, Kemper shall record by hand all collections, issue a customer receipt in like manner and enter each transaction into the cash register system once operational. (b) A written record of the physical count of each and every player on the golf tee sheet with each player’s name who reserved the tee time. Kemper will make reasonable efforts to capture all players’ names at the point of sale, if possible. Kemper shall provide a complete count of resident play on a daily basis. (c) Totaling of golfers’ starter sheets at the end of each day’s play and reconciliation of fee category totals on cash register detail tapes. (d) Maintenance of a daily log book detailing the number of rounds played by fee category and total amount of cash collected by fee category. VII.6 Inspection. The City or its authorized agents, auditors, or representatives shall have the right during normal business hours during the Term hereof and the three- year period following the Term to review, inspect, audit, and copy the books, records, invoices, deposit receipts, canceled checks, and other accounting and financial information maintained by Kemper in connection with the management, operation, and maintenance of the Golf Resort. All such books and records shall be made available to the City at the Golf Resort, unless the City and Kemper agree upon another location. The City, at its own expense, shall have the right to retain an independent accounting firm to audit the books and records of the Golf Resort on an annual basis. The City’s rights under this Section shall continue after termination of this Agreement. VII.7 Reports to City. Kemper shall deliver to the City the following financial statements, in a form reasonably acceptable to the City: VII.7.a Within 20 days after the end of each calendar month, a statement of profits, losses, and Gross Revenues, showing the results of operation of the Golf Resort for such month and for the Operating Year to date, which statement shall include sufficient detail to reflect all Gross Revenues, Golf Resort Expenses, the Fixed Management Fee, and Performance Incentive payments, if any, made in such month. Such statements shall include a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City. Such statement shall be certified as correct by an authorized financial officer of Kemper. Such statement shall be in a form reasonably acceptable to the City. VII.7.b Within 30 days after the end of each Operating Year, a statement of profits, losses, and Gross Revenues, showing the results of operation of the Golf Resort for such Operating Year which statement shall include sufficient detail to reflect all Gross Revenues, Golf Resort Expenses, the Fixed Management Fee, and the Performance Page 489 of 658 -30- P6401-0001\2645821v8.doc Incentive, if any, for such period. Such statement shall be certified as correct by an authorized officer of Kemper. Such statements shall include a budget comparison, a variance report, and such other customary reports as may reasonably be requested by the City Representative. If requested by the City Representative, and at the sole expense of the City, these financial statements shall be certified by an independent certified public accountant acceptable to the City Representative and provided to the City within 90 days after the end of the Operating Year. Kemper shall provide to the City Representative detailed payroll registers upon written request by the City Representative. If Kemper fails to provide to the City any monthly or annual statement at the time and in the manner specified in this Agreement, this failure shall constitute a material default under this Agreement and the City shall have the right, in addition to any other rights or remedies it may have under this Agreement, to conduct an audit to determine these sales, and Kemper shall immediately reimburse the City for the cost of the audit on written demand by the City. If the actual monthly or annual Gross Revenues shown by any audit of the City (whether hereunder or under Sections 7.5 or 7.6) is found to be three percent or greater than the amount of the Gross Revenues shown on the statement provided by Kemper, or if there are any other material irregularities, the overstatement or such irregularities shall be deemed willful and the City may terminate this Agreement upon written notice given at any time after receipt of the audit by the City. If at any time Kemper causes an audit of Kemper’s business at the Golf Resort to be made by an independent accountant, the costs of such audit shall not be a Golf Resort expense and Kemper shall furnish the City a copy of the report of this audit at no cost to the City, within ten days after Kemper’s receipt of the audit report. VII.7.c Unplanned Expenses Report. Kemper shall provide the City Representative by the twentieth (20th) day of each month during the Term hereof a schedule for City review of anticipated expenses of $10,000 or more in the next calendar month that are not within the then-current Annual Plan. VII.7.d Additional Reports/Modified Accounting Practices. Kemper shall prepare and provide to the City any additional report or reports requested by the City, and shall comply with all current and future, expense approval, GAAP-compliant accounting or other financial procedures implemented by the City for the operation of the Golf Resort provided Kemper is provided appropriate access to financial information and reasonable time to comply with any such changed procedures. VII.8 Kemper Payroll, Accounting Software, Computer Software, Computers and Hardware. Kemper agrees to provide the Golf Resort with all computer hardware, software and all information technology necessary for the daily operations of the Golf Resort. Kemper shall maintain all the licenses, regulations, and be in compliance with all Legal Requirements, rules and regulations associated with software, hardware and electronic payment transactions. Subject to all legal obligations of Kemper, all computer data or other electronic forms of information generated by or related to the management, operation or maintenance of the Golf Resort shall be the property of the City. Kemper shall provide copies of such data in commercially reasonable formats and media within five calendar days of written request from City therefor. Page 490 of 658 -31- P6401-0001\2645821v8.doc ARTICLE VIII TERMINATION RIGHTS VIII.1 Termination by the City. Without limiting any rights to terminate this Agreement provided in other Articles of this Agreement, the City shall have the right to terminate this Agreement, without further compensation to Kemper, other than as to amounts theretofore accrued, upon the occurrence of any one of the following: VIII.1.a Defaults Not Subject to Additional Cure. City shall have the right to terminate this Agreement immediately upon the occurrence of any of the following events, for which City is not required to provide, nor is Kemper entitled to receive, prior notice and opportunity to cure unless specifically provided in this section 8.1.1: A. Kemper fails to perform its management, operation, and maintenance duties described in Section 3.8 and fails to effectuate a cure within the periods described therein; B. Kemper fails to notify the City Representative and the City Manager of the termination of any Key Employee pursuant to Sections 3.4.1; C. Kemper fails to provide any notice required under Section 7.4; D. Pursuant to notifications by Kemper under Section 7.4 hereof, the City shall have made additional deposits into the Golf Resort Accounts during the Term of this Agreement to satisfy the daily working capital needs of the Golf Resort, which additional deposits in the aggregate, but net of any amounts the City has withdrawn from the Golf Resort Accounts (including pursuant to its rights to do so under Section 7.4 above), exceed $2,000,000, cumulatively during the Term of this Agreement, including any extension; PROVIDED, however, the foregoing right to terminate shall not apply to the extent the events described in this subsection “D” are caused by any of the following events (a) all or part of the Golf Resort is closed for any reason, (b) there is an occurrence of a Force Majeure Event as defined in Section 10.3, (c) the Annual Plan agreed by the City contemplates a negative cash flow for the applicable Operating Year, or (d) access to the Golf Resort is restricted. E. An audit described in Section 7.7.2, finds (i) that actual monthly or annual Gross Revenues are three percent or greater than the amount of the Gross Revenues shown on the statement provided by Kemper, or (ii) there are other material irregularities; F. Kemper has misappropriated any funds of the City; G. Kemper applies for or consents to the appointment of a receiver, trustee or liquidator of Kemper or of all or a substantial part of its assets; Page 491 of 658 -32- P6401-0001\2645821v8.doc H. Kemper files a voluntary petition in bankruptcy or commences a proceeding seeking reorganization, liquidation, or an arrangement with creditors; I. Kemper files an answer admitting the material allegations of a bankruptcy petition, reorganization proceeding, or insolvency proceeding filed against Kemper; J. Kemper admits in writing its inability to pay its debts as they come due; K. Kemper makes a general assignment for the benefit of creditors; or L. An order, judgment or decree is entered by a court of competent jurisdiction, on the application of a creditor, adjudicating Kemper a bankrupt or insolvent or approving a petition seeking reorganization of Kemper or appointing a receiver, trustee or liquidator of Kemper or of all or a substantial part of its assets, and such order, judgment or decree continues unstayed and in effect for any period of 90 consecutive days. VIII.1.b Defaults Subject to Cure. In addition to the events described in Section, 8.1.1, the City also shall have the right to terminate this Agreement if Kemper fails to keep, observe or perform any other material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Kemper, and such default continues for a period of 30 days after written notice of such default and opportunity to cure by the City to Kemper. VIII.1.c Written Notice. The City’s right to terminate this Agreement pursuant to this Section 8.1 shall be exercised upon written notice to Kemper. The City’s termination notice shall specify the effective date of such termination at the City’s discretion, which may be effective immediately, unless notice of default and opportunity to cure is required, in which case the termination may be as early as the expiration of the cure period. VIII.2 Termination by Kemper. Kemper shall have the right to terminate this Agreement if the City fails to keep, observe, or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by the City, and such default continues for a period of 30 days after notice of such default and opportunity to cure by Kemper to the City; provided, however, for non-payments of amounts due to Kemper, such foregoing notice and cure period shall be fifteen (15) days. Kemper’s right to terminate this Agreement pursuant to this Section 8.2 shall be exercised upon written notice to the City given at any time after the cure period has expired. Kemper’s termination notice shall specify the effective date of such termination, which date shall not be less than 90 days after the date of Kemper’s termination notice. Kemper and the City shall continue to perform all of their respective duties and obligations under this Agreement until the effective date of termination VIII.3 Additional time to Cure Defaults. Any default by Kemper under the provisions of Section 8.1.2, or the City under the provisions of Section or 8.2, as the case Page 492 of 658 -33- P6401-0001\2645821v8.doc may be, which is susceptible of being cured shall not constitute a basis for termination of this Agreement if the nature of such default will not permit it to be cured within the period allotted; provided that within such period the alleged party in default shall have given notice of its intent to cure, has commenced to cure such default, and is proceeding to complete the cure in good faith and with reasonable diligence, and such cure is effected, in any event, within 90 days of the date of the notice of default. VIII.4 Effect of Termination. The termination of this Agreement under the provisions of this Article VIII shall not affect the rights of the terminating party with respect to any damages it has suffered as a result of any breach of this Agreement, nor shall it affect the rights of either party with respect to any liability or claims accrued, or arising out of events occurring, prior to the date of termination. VIII.5 Remedies Cumulative. Neither the right of termination, nor the right to sue for damages, nor any other remedy available to a party under this Agreement shall be exclusive of any other remedy given under this Agreement or now or hereafter existing at law or in equity. ARTICLE IX TITLE MATTERS; ASSIGNMENT IX.1 Ownership of Improvements and Personal Property. All improvements to the Golf Resort made during the Term of this Agreement and all Furnishings and Equipment and Operating Inventory purchased by Kemper during the Term of this Agreement shall be property owned by the City at such time as the improvements are made or the Furnishings and Equipment or Operating Inventory are purchased. IX.2 Assignments. The City may assign its rights and obligations hereunder to another governmental entity or a non-profit corporation without Kemper’s consent, and upon the effective date of such assignment and the assignee’s assumption of the City’s obligations hereunder, the City shall be released from any obligations hereunder accruing from and after the effective date of such assignment. Except for an assignment of this Agreement by the City to a governmental entity or a nonprofit corporation, neither party shall assign this Agreement without the prior written consent of the other party, which consent may be granted or withheld in the sole and absolute discretion of the other party. It is understood and agreed that any consent granted by a party to any such assignment shall not be deemed a waiver of any consent required under this Section 9.2 as to any future assignment. Any assignment by either party of this Agreement in violation of the provisions of this Section 9.2 shall be null and void and shall result, unless waived by the aggrieved party, in the termination of this Agreement. In addition to any other remedies available to the parties, the provisions of this Section 9.2 shall be enforceable by injunctive proceeding or by suit for specific performance. IX.3 Successors and Assigns. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, legal representatives, successors and assigns. Page 493 of 658 -34- P6401-0001\2645821v8.doc ARTICLE X DAMAGE OR DESTRUCTION; EMINENT DOMAIN; FORCE MAJEURE EVENTS X.1 Damage or Destruction. Should the Golf Resort be destroyed or substantially damaged by fire, flood, acts of God, or other casualty, the City shall have the right to terminate this Agreement, by written notice to Kemper given within 60 days following the occurrence of such event, and in such event neither party shall have any further obligation to the other party under this Agreement, except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. For the purpose of this Section 10.1, the Golf Resort shall be deemed to have been substantially damaged if the estimated length of time required to restore the Golf Resort, or any portions thereof, substantially to its condition and character just prior to the occurrence of such casualty shall be in excess of six months, as indicated by an architect’s certificate or other evidence reasonably satisfactory to Kemper. If this Agreement is not terminated in the event of damage to the Golf Resort either because: i. the damage does not amount to substantial damage as described above, or ii. notwithstanding destruction of or substantial damage to the Golf Resort, the City elects to restore the Golf Resort, then the City shall proceed, at the City’s own expense, with all due diligence to commence and complete restoration of the Golf Resort to its condition and character just prior to the occurrence of such casualty. If as a result of any damage or destruction to the Golf Resort as provided in this Section 10.1, the responsibilities of Kemper under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including, without limitation, the Fixed Management Fee and the Performance Incentive. X.2 Eminent Domain. If all of the Golf Resort (or such a substantial portion of the Golf Resort so to make it unfeasible, in the reasonable opinion of the City, to restore and continue to manage, operate, and maintain the remaining portion of the Golf Resort for the purposes contemplated in this Agreement) shall be taken through the exercise (or by agreement in lieu of the exercise) of the power of eminent domain, then upon the date that the City shall be required to surrender possession of the Golf Resort or of that substantial portion of the Golf Resort, this Agreement shall terminate and neither party shall have any further obligation to the other party under this Agreement except with respect to liabilities accruing, or based upon events occurring, prior to the effective date of such termination. If such taking of a portion of the Golf Resort shall not make it unfeasible, in the reasonable opinion of the City, to restore and continue to manage, operate, and maintain the remaining portion of the Golf Resort for the purposes contemplated in this Agreement, then this Agreement shall not terminate, and the City shall proceed, at the City’s own expense, with all due diligence to alter or modify the Golf Resort so as to render it a complete architectural unit which can be operated as a golf resort of substantially the same type and character as before. If as a result of any Page 494 of 658 -35- P6401-0001\2645821v8.doc alternation or modification of the Golf Resort as provided in this Section 10.2, the responsibilities of Kemper under this Agreement are substantially changed, than the parties shall meet and discuss in good faith appropriate modifications to this Agreement including, without limitation, the Fixed Management Fee and the Performance Incentive. X.3 Force Majeure Events. As used in this Agreement, the term “Force Majeure Event” means declared or undeclared war, sabotage, riot or acts of civil disobedience, acts or omissions of governmental agencies, accidents, fires, explosions, floods, earthquakes, or other acts of God, strikes, labor disputes, shortages of materials, or any other event not within the control of Kemper and not caused by Kemper’s negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions. For purposes of this Agreement, any disruption of the operation of the Golf Resort caused by a Capital Improvement project shall also constitute a Force Majeure Event. If as a result of the occurrence of a Force Majeure Event, the responsibilities of Kemper under this Agreement are substantially changed, then the parties shall meet and discuss in good faith appropriate modifications to this Agreement including, without limitation, the Fixed Management Fee and the Performance Incentive. ARTICLE XI GENERAL PROVISIONS XI.1 Purchases by Kemper. In connection with any purchases made by Kemper or an Affiliate of Kemper for the account of the City, or the City on behalf of the City, it is understood that Kemper or such Affiliate may perform services as a representative of the manufacturer to secure the benefits of lower costs, and that any resulting savings shall be passed on to the City, including representatives’ fees. In addition, all trade discounts, rebates and refunds pertaining directly to purchases for the Golf Resort shall accrue to the benefit of the City. Any rebates earned for the benefit of the City due to Kemper’s national agreements with major manufacturers for equipment and golf carts will be deposited into the Capital Reserve Account as referenced in Section 7.1.1 of this Agreement. XI.2 Purchases from Kemper Affiliates. If any purchases of goods or services for the Golf Resort are made from or through an Affiliate of Kemper, the charges to the Golf Resort for such goods or services shall be on the same terms as those made to other golf courses and country clubs operated by Kemper and such charges shall not exceed the market prices for such goods and services. Before consummating any such purchase of goods or services, Kemper shall (i) notify the City Representative in writing of the type of merchandise and services proposed to be purchased and the price and fees therefor, and (ii) obtain the prior written consent of the City Representative for the purchase of any such goods or services. XI.3 Indemnities. XI.3.a Kemper’s Indemnity. In addition to any other indemnification obligation set forth in this Agreement, Kemper agrees to indemnify, defend (with counsel Page 495 of 658 -36- P6401-0001\2645821v8.doc reasonably satisfactory to the City Manager), protect, and hold harmless the City, the PDRFC, and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys’ fees, costs, and expenses: (a) which result from any action taken by Kemper or Kemper’s officers, directors, agents, employees, invitees, contractors, subcontractors or assignees relating to the Golf Resort (i) that is expressly prohibited by this Agreement, or (ii) that is not within the scope of Kemper’s duties under this Agreement, or (iii) that is not within Kemper’s delegated authority under this Agreement; or (b) which result from any violations by Kemper or Kemper’s officers, directors, agents, employees, invitees, contractors, subcontractors or assignees of any Legal Requirement governing or otherwise affecting the business operations of Kemper or Kemper’s performance of services and obligations under this Agreement; or (c) which result from (i) any injury or death of any person (including, without limitation, injury or death of Kemper’s employees, agent, visitors, invitees, assignees, contractors or subcontractors within Kemper’s control), (ii) damage or destruction of the property of any person or entity which occurs by reason of the negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions of Kemper or Kemper’s officers, directors, agents, employees, invitees, contractors, subcontractors or assignees, (iii) material breach or default by Kemper or Kemper’s officers, directors, agents, employees, invitees, contractors, subcontractors or assignees in performance of Kemper’s services under this Agreement, or (iv) caused by the negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions of Kemper or Kemper’s officers, directors, agents, employees, invitees, contractors, subcontractors or assignees; or (d) which result from Kemper’s material breach of the covenant contained in Section 3.11 of this Agreement; or (e) which result from any other act or omission not enumerated above constituting the negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions by Kemper or Kemper’s officers, directors, agents, employees, invitees, contractors, subcontractors or assignees; or (f) for any costs, fees, fines or losses that may result from environmental contamination or natural resource damage if caused by Kemper’s negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions in its performance under this Agreement or its management, operation or maintenance of the Golf Resort, including, without limitation, the storage, use or disposal by Kemper, or any other party under Kemper’s management, supervision or control, of any hazardous or toxic substances, materials or wastes whatsoever, such as, but not limited to, herbicides, pesticides, algicides or other water treatment chemicals. Page 496 of 658 -37- P6401-0001\2645821v8.doc This indemnity provision shall survive the expiration or termination of this Agreement. Kemper hereby stipulates and agrees that no condition precedent to its indemnification obligations stated herein, whether by way of notice or otherwise, exists or shall constitute a defense to its obligation to defend, indemnify and hold harmless the City, the PDRFC and their respective council members, elected or appointed officers, officials, directors, employees, agents, and volunteers in any of such circumstances. XI.3.b City’s Indemnity. The City agrees to indemnify, defend (with counsel reasonably satisfactory to Kemper), protect, and hold harmless Kemper and its owners, officers, directors, and employees from and against any and all claims, demands, actions, lawsuits, proceedings, damages, liabilities, judgments, penalties, fines, attorneys’ fees, costs, and expenses arising from (i) any act or omission to the extent caused by the negligence or willful misconduct by the City or any officer, director, employee or agent of the City (ii) the ownership, leasing, organization, development or construction of the Golf Resort, (iii) any environmental contamination conditions that are the result of the presence of hazardous or toxic substances or materials or wastes that were pre-existing before the original agreement between Kemper or its predecessors and the City was first executed, and which may be uncovered or discovered during or after the Term of this Agreement, or if present on the Golf Resort other than if caused by to Kemper’s performance under this Agreement or its management of the Golf Resort, including, without limitation, the storage, use or disposal by Kemper or any other party of any hazardous or toxic substances, materials or wastes whatsoever, such as, but not limited to, herbicides, pesticides, algicides or other water treatment chemicals, or (iv) claims by third-parties against Kemper arising from any other actions or omissions of the City and its elected or appointed officers, officials, employees, agents and volunteers for whom any of them are responsible, but only if such claim or claims also neither arise from, nor are caused in whole or in any part by, the negligence, gross negligence, willful misconduct or illegal or fraudulent acts or omissions of Kemper, any officer, director, or employee of Kemper or others for whom any of them are responsible. XI.4 Bonds. In connection with the issuance or refunding of any bonds or certificates of participation, Kemper shall have the right to approve, which approval shall not be unreasonably withheld, any description of Kemper or any description of this Agreement or of the City’s relationship with Kemper under this Agreement, which description is contained in any prospectus or similar materials delivered in connection with such bonds or certificates of participation. The City agrees to furnish to Kemper copies of all such materials for such purpose not less than 20 days prior to the delivery of such materials to the public. XI.5 Golf Course Names. The Golf Resort shall be known by such trade name and/or trademark or logo as may from time to time be determined by the City. The parties acknowledge and understand that the names, logos, and designs used in the operation of the Golf Resort, together with appurtenant goodwill, are the exclusive property of the City. Kemper may identify the Golf Resort as a golf resort managed, operated, and maintained by Kemper. Page 497 of 658 -38- P6401-0001\2645821v8.doc XI.6 Notices. All notices, demands, requests, consents, approvals, replies and other communications (“Notices”) required or permitted by this Agreement shall be in writing, by email and, in addition, shall be delivered by any one of the following methods: (a) by personal delivery; (b) by deposit with the United States Postal Service, postage prepaid to the addresses stated below or (c) by deposit with an overnight express delivery service. Notice deposited with the United States Postal Service in the manner described above shall be deemed effective three business days after deposit with the Postal Service. Notice by overnight express delivery service shall be deemed effective upon receipt. Notice by personal delivery shall be deemed effective at the time of personal delivery. For purposes of Notices hereunder, the address of the City shall be: City of Palm Desert 73-510 Fred Waring Drive Palm Desert, California 92260 Attention: City Manager Email: thileman@cityofpalmdesert.org For purposes of Notices hereunder, the address of Kemper shall be: Kemper Sports Management, LLC. 500 Skokie Boulevard Suite 444 Northbrook, Illinois Attention: CEO Email: steveskinner@kempersports.com Each party shall have the right to designate a different address within the United States of America by the giving of notice in conformity with this Section 11.6. XI.7 Independent Contractor. Kemper shall at all times be considered an independent contractor under this Agreement. Nothing contained in this Agreement shall be construed to be or create a partnership or joint venture between the City and its successors and assigns, or PDRFC, and Kemper and its successors and assigns. Kemper agrees that it is not entitled to and will not take any federal tax position that is inconsistent with Kemper providing a service to the City with respect to the Golf Resort. Kemper shall not claim any depreciation or amortization deduction, investment tax credit or deduction for any payment as rent with respect to the Golf Resort. XI.8 Modification and Changes. This Agreement may be amended or modified only by a writing signed by all parties. XI.9 Understandings and Agreements. This Agreement constitutes all of the understandings and agreements of whatever nature or kind existing between the parties with respect to Kemper’s management, operation, and maintenance of the Golf Resort, and this Agreement supersedes all prior understandings and agreements for the Term, Page 498 of 658 -39- P6401-0001\2645821v8.doc whether written or oral, between the City and Kemper pertaining to the management, operation, and maintenance of the Golf Resort. XI.10 Headings. The Article, Section and Subsection headings contained in this Agreement are for convenience and reference only and are not intended to define, limit or describe the scope or intent of any provision of this Agreement. XI.11 Survival of Covenants. Any covenant, term or provision of this Agreement which in order to be effective must survive the termination of this Agreement shall survive any such termination. XI.12 Third Parties. None of the obligations under this Agreement of any party shall run to or be enforceable by any party other than the party to this Agreement or by a party deriving rights under this Agreement as a result of an assignment permitted pursuant to the terms of this Agreement. XI.13 Waivers. No failure by Kemper, the City, or PDRFC to insist upon the strict performance of any covenant, agreement, term, or condition of this Agreement, or to exercise any right or remedy consequent upon the breach of this Agreement, shall constitute a waiver of any such breach or any subsequent breach of the same covenant, agreement, term, or condition. No covenant, agreement, term, or condition of this Agreement and no breach of this Agreement shall be waived, altered, or modified except by a written instrument. A waiver of any breach of this Agreement shall only affect this Agreement to the extent of the specific waiver, and all covenants, agreements, terms, and conditions of this Agreement shall continue in full force and effect. XI.14 Applicable Law. This Agreement shall be construed and interpreted in accordance with, and shall be governed by, the laws of the State of California. The parties agree that the Superior Court of the State of California, County of Riverside shall have jurisdiction of any litigation between the parties relating to this Agreement. XI.15 No Presumption Regarding Drafter. The City, PDRFC and Kemper acknowledge and agree that the terms and provisions of this Agreement have been negotiated and discussed among the City, PDRFC, and Kemper, and that this Agreement reflects their agreement regarding the subject matter of this Agreement. Because of the nature of such negotiations and discussions, it would be inappropriate to deem any of them the drafter of this Agreement, and therefore no presumption for or against the drafter shall be applicable in interpreting or enforcing this Agreement. XI.16 Enforceability of Any Provision. If any term, condition, covenant, or obligation of this Agreement shall be determined to be unenforceable, invalid, or void by a court of competent jurisdiction such determination shall not affect, impair, invalidate, or render unenforceable any other term, condition, covenant, or obligation of this Agreement. XI.17 United States Currency. All amounts payable pursuant to this Agreement shall be paid in lawful money of the United States of America. Page 499 of 658 -40- P6401-0001\2645821v8.doc XI.18 Counterparts. This Agreement and any amendment may be executed in counterparts, and upon all counterparts being so executed each such counterpart shall be considered as an original of this Agreement or any amendment and all counterparts shall be considered together as one agreement. XI.19 Attorneys’ Fees. In the event of a dispute involving the non-performance by a party hereto of its obligations under this Agreement, the prevailing party in any action or proceeding shall be entitled to reasonable attorneys’ fees and all other expenses (including fees and costs related to discovery) reasonably incurred in connection with such dispute, in addition to all other relief to which the party is entitled. If the successful party recovers judgment in any legal action or proceeding, the attorneys’ fees and all other expenses of litigation shall be included in and made a part of any such judgment. XI.20 Easements. Kemper shall recognize all easements of record affecting the Golf Resort. XI.21 Publicity. Any commercial advertisements, press releases, articles, or other media information using the City’s or the PDRFC’s name shall be subject to the prior approval of the City or PDRFC (as the case may be), which approval shall not be unreasonably withheld. XI.22 Equal Opportunity Employment. Kemper 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. Kemper shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted. XI.23 Time of the Essence. Time is of the essence of this Agreement. The parties understand that the time for performance of each obligation has been the subject of negotiation by the parties. XI.24 Authority. The parties represent for themselves that (a) such party is duly organized and validly existing, (b) the person or persons executing this Agreement on behalf of such party is/are duly authorized to execute and deliver this Agreement on behalf of such party, (c) by so executing this Agreement, such party is formally bound to the terms and provisions of this Agreement, and (d) the execution of this Agreement does not violate any provision of any other agreement to which such party is bound. XI.25 Possessory Interest. Pursuant to California Revenue and Taxation Code Section 107.6, the City hereby informs Kemper that this Agreement may create a possessory interest subject to property taxation, and in such event Kemper may be subject to the payment of property taxes levied on such interest. The parties agree that in the event possessory interest property taxes are levied against Kemper in connection Page 500 of 658 -41- P6401-0001\2645821v8.doc with this Agreement, such taxes shall be considered a Golf Resort Expense and shall be paid from the Golf Resort Accounts. XI.26 Conflict of Interest. The parties hereto hereby covenant that during the term of this Agreement they will not employ any person to administer any portion of this Agreement that has an interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. ARTICLE XII CLUBHOUSE RESTAURANT XII.1 Restaurant Operations. XII.1.a The City hereby assigns to PDRFC, and PDRFC hereby assumes, all rights and obligations of the City set forth herein, to the extent applicable to the restaurant at the clubhouse. All Restaurant operations at the Golf Resort shall be conducted as operations through the restaurant at the clubhouse. XII.1.b The parties agree that the Lease Agreement shall have no effect on Kemper’s management obligations or rights set forth in this Agreement, except as herein specified to the contrary. To that end, Kemper shall continue to have the obligation to manage, operate, and maintain the restaurant as provided, inter alia, in Sections 3.5.1 and 3.5.15, hereof. XII.1.c Notwithstanding the foregoing, the parties agree that PDRFC shall obtain and hold the license to sell alcoholic beverages from the restaurant, and Kemper shall assist PDRFC in holding such license. XII.1.d Kemper agrees to attorn to PDRFC with respect to performance of the management, operation, and maintenance obligations with respect to the Restaurant. The City Manager shall have oversight responsibilities over the Restaurant as with the oversight responsibilities over management, operation, and maintenance of the other portions of the Golf Resort. XII.1.e Pursuant to the PDRFC’s Articles of Incorporation, and a resolution of the PDRFC, all income from the restaurant is payable to the City, and Kemper may aggregate the cash held by and amounts payable to PDRFC together with other amounts payable to the City, on the same terms as are provided in this Agreement. Page 501 of 658 -42- P6401-0001\2645821v8.doc IN WITNESS WHEREOF, the parties have executed or caused this Agreement to be executed as of the day and year first written above. CITY: CITY OF PALM DESERT By: Mayor KEMPER: KEMPER SPORTS MANAGEMENT, LLC. By: Its: ATTEST: City Clerk By: Its: PDRFC: PALM DESERT RECREATIONAL FACILITIES CORPORATION By: Its: By: Its: Page 502 of 658 EXHIBIT “A” Standards for Operation and Maintenance [To Be Provided by Kemper] Page 503 of 658 1 EXHIBIT "A" GOLF COURSE OPERATIONS AND MAINTENANCE STANDARDS ==================================================== GOLF AND MAINTENANCE OPERATIONS EVALUATION DATE: SUPERINTENDENT: EVALUATOR(S): ======================================================== NEEDS AREA Greens Tees Fairways & Roughs Lakes and other Water Bodies Driving Range Maintenance Records and Schedules Maintenance Employees Maintenance Shop and Equipment Traffic Control Restrooms: • On Course • Maintenance COMMENT: UNACCEPTABLE IMPROVEMENT ACCEPTABLE □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Page 504 of 658 2 GREENS QUALITY STANDARD: Smooth, uniform, turf, firm but not hard, well-defined, consistent, of suitable speed. Cups placed in accordance with USGA recommendations, flags stand up straight. Cups, poles, and flags are uniform, clean and in good repair. Pin placement indicators uniform and properly use only where necessary. 1. Greens Maintenance Manager shall maintain all greens in accordance with accepted playability and industry wide standards. Without limiting the generality of the foregoing, Manager shall maintain all greens in accordance with the following minimum requirements: i. Change cups and repair ball markers daily. ii. Mow and maintain greens to provide "Best in Class" playing surfaces year round, with a reel-type mower designed: specifically for mowing golf greens and of the type, make and model accepted by the golf industry. iii. Verticut all greens as needed to control mat and thatch buildup. iv. Aerify greens as needed and remove plugs the same day, top-dress the greens following each aerification if necessary, or if conducive to aerifications goals and season. v. Treat greens with proper chemicals to control Insects, disease, and other pests. vi. Fertilize greens at a rate and frequency that will promote healthy turf propagation. vii. Manager shall have the soil analyzed quarterly (90) days after the commencement of the Management Term and quarterly thereafter. Complete soil tests to be performed annually. Manager shall apply fertilizer in the quantity and type recommended by such analysis in a manner to provide uniform growth of turf. 2. QUALITY: How do they Putt and Play? 100% turf cover, smooth and uniform, no diseases, weeds, insects, rodents, or bare spots. Do the greens hold approach shots? Are the cups cut cleanly and in proper locations? Unacceptable □ Needs Improvement □ Acceptable □ 3. APPEARANCE: How do they look? Color and texture of the greens turf, no diseases, weeds, Insects, rodents, or off-color areas, uniformity of the mowing, condition of cup, flag and pole, condition of the areas around the greens. Unacceptable □ Needs Improvement □ Acceptable □ Page 505 of 658 3 4. SAND TRAPS GREENS: How do they play and look? Sand surface is uniform and smooth; no weeds or debris in traps, sand Is adequate depth for play. Rakes properly placed, adequate in number and condition. Quality of mowing, trimming around traps. As necessary, edge traps to always maintain a neat lip. Unacceptable □ Needs Improvement □ Acceptable □ TEES QUALITY STANDARD: Tees smooth, completely turfed, leveled, firm but not hard, clean, properly directed, with amenities trash cans, signs, tee markers, monuments, ball washers, towels, sand & seed containers, as appropriate, in good condition and repair, consistent and uniform. 1. Tee Maintenance Manager shall maintain all tees in accordance with accepted playability and industry wide standards. Without limiting the generality of the foregoing, Manager shall maintain all tees in accordance with the following minimum requirements: i. Service tees daily by moving markers as needed based on volume of play and turf damage. ii. Change tee towels regularly. iii. Mow and maintain tees to provide "Best in Class" playing surfaces year round with reel-type mower at appropriate height for turf type and climate conditions. iv. Verticut tees as needed for thatch removal. v. Repair worn and damaged turf areas as they occur by overseeding or resodding to ensure playable tees at all times. vi. Treat tees for control of insects, disease, weeds, and other pests necessary to maintain healthy turf. vii. Fertilize tees at a rate and frequency that will promote healthy turf propagation. viii. Repair divots daily, and Aerify tees as needed, removing plugs the same day. Top-dress the tees following each aerification if necessary and/or conducive to aerfications goals and/or season. 2. APPEARANCE, MANICURED AND CLEAN. 100% turf cover, no weeds, diseases, Insects, or rodents, smooth and uniform. Consistent, adequate top dressing and seeding program. Minimal litter or broken tees. Unacceptable □ Needs Improvement □ Acceptable □ Page 506 of 658 4 3. PERIMETER AREA AROUND TEES Area between cart path (if any) and tee-uniformity and smoothly turfed, no mud or dirt, ball washers are clean, in good repair and located for the tee positions, cart paths are clean and property placed as necessary; no Identifiable traffic wear into tee. Unacceptable □ Needs Improvement □ Acceptable □ FAIRWAYS AND ROUGHS QUALITY STANDARD: Smooth, uniform turf cover, smooth mowing, and trimming, clean, firm but not hard, well defined, that properly supports the ball for play. Roughs: Properly mowed and trimmed, clean and adequately uniform for play, distinct in height from fairways. 1. Fairway Maintenance 0ncluding Driving Range Area} Manager shall maintain all fairways In accordance with accepted playability and industry wide standards. Without limiting the generality of the foregoing, Manager shall maintain all fairways (including the driving range area) In accordance with the following minimum requirements: I. Mow fairways with a reel-type mower. ii. Verticut fairways as necessary for turf health and playing conditions iii. Aerify all fairways as needed. iv. Overseed and top dress (or, resod) worn or bare areas of fairways as necessary v. Treat turf to control weeds, disease, insects and other pests necessary to maintain weed-free and healthy turf. vi. Fertilize fairways at a rate and frequency that will promote healthy turf propagation. 2. Maintenance of Rough and Other Turf Areas Manager shall maintain rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, In accordance with accepted playability and industry-wide standards. Without limiting the generality of the foregoing, Manager shall maintain all rough, turf, perimeter landscape areas, and landscape lawn areas, including plant and annual color areas, In accordance with the following' minimum requirements: i. Maintain rough to provide desired result, and mow other turf areas at least once per week ii. Verticut as necessary to promote healthy growth Hi. Aerify as needed and seed or sod worn or bare areas in turf as necessary Page 507 of 658 5 iv. Treat turf to control weeds, diseases, insects, and other pests to maintain a healthy turf. v. Fertilize rough at a rate and frequency that will promote healthy turf propagation. 3. QUALITY. How do they play? Mowing height of fairways and roughs is within USGA specifications, mowing frequency ls appropriate for the turf type and season. Fairway turf properly supports the ball for play. Absence of wet or dry spots in play areas. Unacceptable □ Needs Improvement □ Acceptable □ 4. APPEARANCE. How do they look? Uniformity of color, Irrigation and, texture, no weeds, disease, insects, rodents, or off- color areas. Quality mowing: appearance of being "Manicured". Turf coverage in traffic areas. Unacceptable □ Needs Improvement □ Acceptable □ 5. SAND TRAPS ROUGHS. How do they play and look? Sand surface is uniform and smooth; sand Is adequate depth for play. No weeds or debris In traps. Rakes properly placed, adequate in number and condition. Quality of mowing, trimming around trees. As necessary, edge traps to always maintain a neat lip. Unacceptable □ Needs Improvement □ Acceptable □ 6. TREES AND SHRUBS. How do they look? Pruned to maintain specimen health and safety to golfers and maintenance employees. Unacceptable □ Needs Improvement □ Acceptable □ IRRIGATION Manager shall maintain the entire irrigation system serving the Golf Course property, including main lines, valves, lateral lines; sprinkler heads, and controllers, in good repair, functioning properly and conforming to all related codes and regulations at all times. Manager shall Irrigate the Golf Course property as required to maintain adequate moisture for growth rate and appearance in accordance with accepted industry standards. Adequate soil moisture shall be determined by visual observation, plant resiliency, turgidity, examining cores removed by soil probe, moisture sensoring devices, and programming irrigation controllers accordingly. In addition: i. Consideration shall be given to soil texture, structure, water holding capacity, drainage, compaction, precipitation rate, run-off, infiltration rate, percolation rate, seasonal temperatures, prevailing wind condition, time of day or night, type of grass or plant, and root structures. Page 508 of 658 6 ii. In areas where wind creates problems of spraying onto private property or road rights-of-way, the controller shall be set to operate during the period of lowest velocity. iii. Manager shall be responsible for monitoring all systems within the Golf Course property and for correcting the same for coverage, adjustment, clogging of lines, and sprinkler heads, and removal of obstacles, including plant materials, which obstruct the spray. iv. Manager shall check the system dally and adjust and/or repair any sprinkler heads causing excessive run-off, or which throw directly onto, roadway, paving or walks within rights-of-way. v. The central control system shall be inspected on a daily basis and adjusted as required, considering the water requirements of each remote control valve vi. A soil probe or tensiometer shall be used regularly to determine the soil moisture, content in various areas, with particular attention being given to the greens. vii. Manager shall repair all leaking or defective valves within appropriate time period. viii. Upon written request by City, Manager shall file a monthly statement with the City certifying that all irrigation systems are functioning properly. ix. If there is a reduction of the volume of water supplied to the Golf Course property during peak demand periods, the priority of water distribution by Manager shall be as follows: (a) greens, (b) tees, (c) fairways, and (d) other turf and landscape areas. LAKES AND OTHER WATER BODIES QUALITY STANDARD: Clean, well defined, free of weeds and noxious growth; well marked and attractive. 1. Appearance of water-clean, no weeds, or noxious growth, no noxious odors, no floating trash/debris. Unacceptable □ Needs Improvement □ Acceptable □ 2. Ground around lakes - mowing, trimming, etc; Unacceptable □ Needs Improvement □ Acceptable □ Page 509 of 658 7 DRIVING RANGE 1. APPEARANCE - MANICURED AND CLEAN Uniformity of mowing, color, texture of turf, smoothness of surface, cleanness of mowing on perimeters, absence of scalping. Consistent, adequate top dressing and seeding program, trash free, quality and quantity of clean balls, bag stands. Unacceptable □ Needs Improvement □ Acceptable □ 2. PERIMETER AREAS AROUND TEES Area between cart path and tees - uniformly and smoothly turfed, no mud or dirt, club washers, bag stands are clean, ln good repair and properly located for the tee positions, cart path is clean and properly edged, curbing or ropes/stakes are clean and properly placed as necessary; no identifiable traffic pattern into tee. Unacceptable □ 3. RANGE LANDING AREA Needs Improvement □ Acceptable □ Turfed, clean and mowed per fairway maintenance section of audit. Unacceptable □ Needs Improvement □ Acceptable □ MAINTENANCE OF ACCESSORY EQUIPMENT Manager shall maintain all golf course accessory equipment. In a clean, safe, functioning condition at all times, replacing with equipment and/or materials as necessary, including, but not limited to, the following: i. Signs ii. Tee markers. iii. Out-of-bounds markers, water hazards, cart directional signs, etc. iv. Directional flags and poles. v. Distance markers (150 yards, etc.). vi. Greens flags, poles and cups vii. Practice green markers and cups. Page 510 of 658 8 viii. Trash receptacles ix. Cleat brushes Other Required Duties i. Manager shall remove all litter form the Golf Course grounds; including but not limited to the Golf Course, maintenance yard, landscape areas, and the driving range. Manager shall remove all trash and debris resulting from Golf Course maintenance as it occurs. Manager shall clean, repair, and replace trash receptacles as necessary to maintain clean, safe and sanitary conditions at all times. Ii. Manager shall maintain shrub and ground cover plantings and lawn areas in a manner to promote proper healthy growth and an aesthetically pleasing appearance at all times. Iii. Manager shall maintain all trees In a safe, healthy and aesthetically pleasing condition at all times. Trees shall be pruned regularly in order to promote growth, safety, and beauty. iv. Manager shall maintain all sand traps in a raked, edged, and weed-free condition at all times, replacing sand in kind and rakes as necessary. v. Manager shall take whatever preventive steps are necessary and legal to protect all slope areas from erosion at all times, subject to the approved budget. vi. Manager shall control rodent and other animal pests as necessary to prevent erosion and destruction of plantings. vii. Manager shall maintain and repair as necessary surface flow lines, swales, catch basins, grates, subsurface drainage systems, and other ,drainage structures in a clear, weed-free and properly functioning condition at all times. viii. Manager shall observe all legal requirements and safety regulations in the use and storage of chemicals, hazardous materials, supplies, and equipment. ix. Manager shall maintain the golf maintenance storage room and yard in a clean, orderly, and safe condition at all times, conforming to all applicable laws and regulations. x. Manager shall take reasonable measures to protect golfers from injury and the Golf Course from damage in periods of frost, rainy weather and other unusual conditions. xi. Manager shall maintain bridge abutments and approaches in a safe and stable condition. xii. Manager shall maintain walkways, steps, handrails on walkways, header-boards, and cart paths in a clean, edged, safe, and weed-free condition. Page 511 of 658 9 xiii. Manager shall maintain, repair, and replace parking lots and driveways to achieve clean, safe and weed-free conditions. xiv. Manager shall inspect the following frequently and repair as needed: (a) all area lighting systems for safe and functioning condition, and (b) all golf course parking lots, walkways and interior paved and/or unpaved surface roads. MAINTENANCE RECORDS AND SCHEDULES All of the following maintenance records properly kept, on site, and up to-date. NEEDS CRITERIA UNACCEPTABLE IMPROVEMENT ACCEPTABLE 1. Expense Ledger - Weekly □ □ □ 2. Equipment Maintenance Records □ □ □ 3. Labor Scheduling (Job Board) □ □ □ 4. Fuel Log(s) □ □ □ MAINTENANCE EMPLOYEES/CORE STAFF 1. Required state and federal forms posted. Unacceptable □ Needs Improvement □ Acceptable □ 2. Uniforms, pith helmets, or hats, and appropriate footwear on all Department employees, except superintendent. Unacceptable □ Needs Improvement □ Acceptable □ MAINTENANCE SHOP AND EQUIPMENT 1. Shop area is orderly, clean, with no obvious safety hazards. Fertilizer and chemical storage is per training manual. No disorganized junk or trash In yard or shop. Condition of superintendent's office. Unacceptable □ Needs Improvement □ Acceptable □ 2. Equipment is in good repair, is clean and properly maintained. Check oil, air cleaners, hydraulic oil, and status of machines under repair. Unacceptable □ Needs Improvement□ Acceptable □ Page 512 of 658 10 TRAFFIC CONTROL 1. Ropes, stakes, and other traffic control devices are clean as necessary, in good condition, straight and repaired. Traffic control devices are used, effectively to minimize turf wear in high traffic areas. Worn areas are under repair. Routes used by golf carts are well, maintained, free of potholes, and present a generally smooth and clean appearance. Unacceptable □ Needs Improvement □ Acceptable □ 2. Cart paths - Concrete paths are uniform in width and surfaces are safe for spikes, smooth for operation of golf carts. Unacceptable □ Needs Improvement □ Acceptable □ Page 513 of 658 11 CLUBHOUSE AUDIT MANAGER: DATE: AUDITOR(S ): ========================================================== NEEDS AREA UNACCEPTABLE IMPROVEMENT ACCEPTABLE Clubhouse Maintenance □ □ □ Managers Office □ □ □ Golf Pro Shop □ □ □ Food and Beverage □ □ □ Kitchen □ □ □ Security and Accounting □ □ □ Carts □ □ □ Personnel □ □ □ Restrooms: • Clubhouse □ □ □ • Patio □ □ □ COMMENT: Page 514 of 658 12 CLUBHOUSE MAINTENANCE 1. Parking lot trash-free, lot well striped and in good repair, trash bin area clean. Flags flying, flags and poles ln good condition. Unacceptable □ Needs Improvement □ Acceptable □ 2. Exterior wall surfaces dean and cobweb-free, windows clean. Paint in good condition. All signage in good condition and uniform. Unacceptable □ Needs Improvement □ Acceptable □ 3. Ground well manicured, trash-free, walkways clean and edged, proper planting, flowers fresh and colorful, planter beds weed and trash-free Unacceptable □ Needs Improvement □ Acceptable □ 4. Preventative maintenance programs in place for building and equipment Unacceptable □ Needs Improvement □ Acceptable □ 5. Interior paint in good condition, walls and vents clean, wall-mounted, pictures hung properly and clean, carpet vacuumed and spot-free or floor clean. Unacceptable □ Needs Improvement □ Acceptable □ MANAGERS OFFICE 1. Clean, files organized, manuals available, schedules current and available, manager dressed appropriately with name badge. Monthly course inspection report available. Unacceptable □ Needs Improvement □ Acceptable □ 2. Staff dressed appropriately with name badge. Unacceptable □ Needs Improvement □ Acceptable □ 3. Bring Up file on contracts and agreements. Banquet and Golf Outing information available/contracts completed and signed for each booking with deposit/contract being used. Banquet histories, and files in place and current Unacceptable □ Needs Improvement □ Acceptable □ GOLF PRO SHOP 1. Customer Service: all staff have been trained in and provide first class service to customers, including staff empowered to handle customer problems. Unacceptable □ Needs Improvement □ 2. Ready Golf: Starters and marshals trained. Unacceptable □ Needs Improvement □ Acceptable □ Acceptable □ Page 515 of 658 13 3. Rounds and carts counted daily per Tee Sheet, Waiting Lists, utilizing back nine, when appropriate. Unacceptable □ Needs Improvement □ Acceptable □ 4. Cash handling: excess cash removed from cash register on a regular basis, checks endorsed with ID: major credit card, driver's license, employee's initials; register drawer closed between transactions. Unacceptable □ Needs Improvement □ Acceptable □ 5. Prices marked clearly, employee product knowledge, suggestive selling, approved signage, merchandise hung and/or folded properly by color, departmentalized, clean and neat, no old stock. Unacceptable □ Needs Improvement □ Acceptable □ 6. Carpet vacuumed and spot-free, windows and mirrors clean and streak free. Shelves, counter tops, baseboards, and window ledges dusted, counter clean. Unacceptable □ Needs Improvement □ Acceptable □ 7. Staff dressed and groomed appropriately with name badge. Unacceptable □ Needs Improvement □ Acceptable □ 8. Starter's responsibilities: Printed version of digital tee sheet with cart numbers assigned to each group and verification of fees paid. Unacceptable □ FOOD AND BEVERAGE Needs Improvement □ Acceptable □ 1. Customer Service: Non-transactional response, everyone has been empowered to handle customer's problem. Unacceptable □ Needs Improvement □ Acceptable □ 2. Staff in uniform: logo shirt, name badge, staff is friendly, smiling, and helpful. Unacceptable □ Needs Improvement □ Acceptable □ 3. Cash Handling: Excess cash removed on a regular basis, drawer closed between transactions. Unacceptable □ Needs Improvement □ Acceptable □ 4. Menu board and menus clean and clearly written. Unacceptable □ Needs Improvement □ Acceptable □ 5. Storage areas: clean, shelves organized. Food and chemicals stored per applicable governmental regulations. Unacceptable □ Needs Improvement □ Acceptable □ Page 516 of 658 14 6. Din[ng area carpet vacuumed and spot-free, windows clean and streak-free; tables and chairs neatly arranged, table tops clean and bases dusted, chairs clean, linens neat and clean, lights clean and functional. Unacceptable □ Needs Improvement □ Acceptable □ 7. Bar seating area clean, bar top clean with supplies neatly arranged, floor clean, staff in uniform with nametags. Light fixtures clean and functional, back bar organized, liquor brands displayed and dusted, refrigerators clean and organized, beer dispenser and drains clean. TABC License: framed, posted and current, liquor storage shelves organized and clean, walls, and vents clean. Unacceptable □ Needs Improvement □ Acceptable □ 8. Bar breakage being disposed of properly. Unacceptable □ Kitchen: Needs Improvement □ Acceptable □ 1. Dish washing machine clean and sanitation procedures followed, garbage disposal operable, pots, pans and all shelving grease-free, garbage cans clean with liners; chopper, slicer, and mixer clean and operable. Kitchen floors clean, drains operable and clean, hoods, filters clean. Refrigerators clean and organized, food stored off of the floor. Food, covered as needed in refrigerators and freezers, walls and floors clean, fire extinguishers current, last Health Department Inspection in file. Unacceptable □ Needs Improvement □ Acceptable □ 2. Inventory organized, In locked storage when applicable, two staff members take the inventories. Unacceptable □ Needs Improvement □ Acceptable □ 3. Equipment clean and function, freezers and refrigerators at correct temperature. Sink areas clean. Grill areas: clean, and filters clean. Unacceptable □ Needs Improvement □ Acceptable □ SECURITY AND ACCOUNTING 1. Staff properly trained in procedures for rain checks, voids, credits, returns and manager's approval for said transactions are in place as appropriate. Unacceptable □ Needs Improvement □ Acceptable □ 2. Payables, sales receipts filed In date order, utilized per profit and loss statements, payroll registers and general ledgers for management access only. Unacceptable □ Needs Improvement □ Acceptable □ 3. Alarm system operational, staff trained to use, only management has pass through, fire extinguishers tagged. Unacceptable □ Needs Improvement □ Acceptable D Page 517 of 658 15 4. Proper accounting software in use. Unacceptable □ Needs Improvement □ Acceptable □ 5. Parking and clubhouse lighting adequate, functional and on time, set properly for the season. Unacceptable □ Needs Improvement □ Acceptable □ 6. Bank-deposits made during daylight hours only, one day or less, of receipts in locked safe, deposits in bank daily, transfers made daily. Unacceptable □ Needs Improvement □ Acceptable □ 7. Point of sale cash drawer verification daily. Unacceptable □ Needs Improvement □ Acceptable □ 8. Tournament contracts filed with receipt attached. Deposit rung and recorded on the day received. Unacceptable □ CARTS Needs Improvement □ Acceptable □ 1. Electric Carts on site: Quantity Available %of Total _ Unacceptable □ Needs Improvement □ Acceptable □ 2. General Manager and cart mechanic understand and comply with the cart agreement parts and batteries, warranties. Unacceptable □ Needs Improvement □ Acceptable □ 3. Maintenance records: current, maintenance card or form in use, all repairs dated, tools available. Unacceptable □ Needs Improvement □ Acceptable □ 4. Necessary tools on site, carts being rotated, records kept, surfaces of batteries clean and free of acid, rest of cart chassis and mechanical components recently cleaned. Unacceptable □ Needs Improvement □ Acceptable □ 5. Carts being used for golf operations only, seats clean and in good repair, floor mats clean and in good repair and cart bodies and roofs ln good repair. Unacceptable □ Needs Improvement □ Acceptable □ 6. Cart storage area clean, no junk. Unacceptable □ Needs Improvement □ Acceptable □ Page 518 of 658 16 7. Employees demonstrate caring customer service, neat and clean, appropriately groomed, employees in uniform with name badge, proper shoes. Unacceptable □ Needs Improvement □ Acceptable □ 8. Scorecards on carts with pencil, also available at golf shop counter Unacceptable □ PERSONNEL Needs Improvement □ Acceptable □ 1. Time clocks operational, cards available, racks for cards. Spanish available where necessary. Unacceptable □ Needs Improvement □ Acceptable □ 2. Required state and federal forms posted by time clock. OSHA 200 form posted. Unacceptable □ Needs Improvement □ Acceptable □ 3. Personnel card files up to date to Include key and uniform issue. Attendance forms on file for all employees. Unacceptable □ Needs Improvement □ Acceptable □ 4. First aid kit available and adequately stocked; phone number for emergencies, police, and fire posted. Unacceptable □ Needs Improvement □ Acceptable □ 5. Monthly staff and safety meetings being held. Forms complete and up-to-date. Unacceptable □ Needs Improvement □ Acceptable □ 6. Inclement weather staff-reduction program in place Unacceptable □ Needs Improvement □ Acceptable □ 7. New employee forms available, checklist, applications, loss prevention, employee handbook, insurance enrollment cards, liability claim form. Unacceptable □ Needs Improvement □ Acceptable □ 8. Additional personnel forms available, verbal warning, written warnings, termination, checklist, liability claim form. Unacceptable □ Needs Improvement □ Acceptable □ Page 519 of 658 17 i WOMEN'S RESTROOMS CRITERIA l. Entry mat or carpet clean □ □ □ □ □ □ □ □ □ □ □ □ 2. Entry door finger mark-free □ □ □ □ □ □ □ □ □ □ □ □ 3. Tile and painted walls clean □ □ □ □ □ □ □ □ □ □ □ □ 4. Toilets clean □ □ □ □ □ □ □ □ □ □ □ □ 5. Bowls, rims, tank tops and bodies □ □ □ □ □ □ □ □ □ □ □ □ 6. Toilet seats clean, tops and under sides □ □ □ □ □ □ □ □ □ □ □ □ 7. Mirrors clean and streak free □ □ □ □ □ □ □ □ □ □ □ □ 8. Soap dispenser clean and full □ □ □ □ □ □ D □ □ □ □ □ 9. Paper towel dispenser dean and full □ □ □ □ □ □ □ □ □ □ □ □ 10. Toilet paper dispenser clean and full □ □ □ □ □ □ □ □ □ □ □ □ 11. Seat cover and dispenser clean and full □ □ □ □ □ □ □ □ □ □ □ □ 12. Counter top clean □ □ □ □ □ □ □ □ □ □ □ □ 13. Sink and faucet fixtures clean and functional □ □ □ □ □ □ □ □ □ □ □ □ 14. Light fixtures clean, functional and bug-free □ □ □ □ □ □ □ □ □ □ □ □ 15. Room air freshener clean and functional □ □ □ □ □ □ □ □ □ □ □ □ 16. Trash receptacle, clean, reasonable empty □ □ □ □ □ □ □ □ □ □ □ □ 17. Napkin receptacles clean with liners □ □ □ □ □ □ □ □ □ □ □ □ Clubhouse Patio On Course Maint Bldg Unacceptable Needs Improvement Acceptable Unacceptable Needs Improvement Acceptable Unacceptable Needs Improvement Acceptable Unacceptable Needs Improvement Acceptable Page 520 of 658 18 1 MEN'S RESTROOMS CRITERIA 1. Entry mat or carpet clean □ □ □ □ □ □ □ □ □ □ □ □ 2. Entry door finger mark-free □ □ □ □ □ □ □ □ □ □ □ □ 3. Tile and painted walls clean 4. Toilets clean s. Bowls, rims, tank tops and bodies 6. Toilet seats clean, tops and under sides 7. Mirrors clean and streak free 8. Soap dispenser clean and full 9. Paper towel dispenser dean and full 10. Toilet paper dispenser clean and full 11. Seat cover and dispenser clean and full 12. Counter top clean 13. Sink and faucet fixtures clean and functional 14. Light fixtures clean, functional and bug-free 15. Room air freshener clean and functional 16. Trash receptacle, clean, reasonable empty 17. Urinals: clean, with splash mats and deodorant blocks □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ Page 521 of 658 EXHIBIT “B” Performance Incentive (Course and Property Conditions; Cost and Expense Containment) [To Be Provided by Kemper] Page 522 of 658 Desert Willow Golf Resort Exhibit B Proposed Incentive Fee Components Potential Fee Course and Property Conditions & Fiscal Communication and Management 150,000$ TrueReview Results 30,000$ Course Rating - Above 8.0 NGF Annual GolfSAT Results 30,000$ Overall Course Conditions - Above 75th Percentile 20% Condition of Greens - Above 75th Percentile 20% Condition of Fairways - Above 75th Percentile 20% Condition of Bunkers - Above 75th Percentile 20% Condition of Tees - Above 75th Percentile 20% Subtotal of Category 100% GolfPass Rankings (formerly GolfAdvisor) - National 15,000$ Firecliff Course - Above 75% Recommend Rating 50% Mountain View Course - Above 75% Recommend Rating 50% Subtotal of Category 100% Greenskeeper.org - Regional 25,000$ Firecliff Course - Playing Conditions Ranking Above 7.0 50.0% Mountain View Course - Playing Conditions Ranking Above 7.0 50.0% Subtotal of Category 100% Secret Shopper Program - Qtrly Evaluation 25,000$ Firm and Benchmarks to be determined upon selection Qtrly Fiscal Management Communications 25,000$ Accuracy and Thoroughness of Fiscal Management Communications 50.0% Accuracy and Thoroughness of Qtrly Forecasts 50.0% Subtotal of Category 100% 150,000$ Page 523 of 658 EXHIBIT “C” Performance Incentive (Consumer Ratings of the Golf Resort) [To Be Provided by Kemper] Page 524 of 658 Desert Willow Golf Resort Exhibit C Proposed Incentive Fee Components Potential Fee Consumer and Customer Experience Ratings 50,000$ TrueReview Results 30,000$ Overall Rating - Above 8.0 25% Service Rating - Above 8.0 25% Food Rating - Above 8.0 25% Recommend Rating - Above 8.0 25% Subtotal of Category 100% NGF Annual GolfSAT Results 20,000$ Loyalty Index - Above Premium Benchmark 50% Food & Beverage Service - Above 75th Percentile 50% Subtotal of Category 100% 50,000$ Page 525 of 658 State of California ) County of Riverside ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) State of California ) County of Riverside ) On _________________________, before me, , (insert name and title of the officer) Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Page 526 of 658 Page 1 of 5 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Kevin Swartz, Associate Planner REQUEST: REQUEST TO EXTEND THE TEMPORARY USE PERMITS FOR DINING DECKS THAT COMPLY WITH THE ADOPTED DINING DECK DESIGN GUIDELINES WITHIN THE CITY OF PALM DESERT THROUGH JUNE 30, 2024 RECOMMENDATION: Direct staff to extend the Temporary Use Permits (TUPs) for the outdoor dining decks for an additional two years through June 30, 2024, for those restaurants who comply as of June 30, 2022. BACKGROUND/ANALYSIS: In 2020 and the beginning of the pandemic, the City created a Dining Deck Program allowing restaurants to obtain TUPs for outdoor dining. The City issued 30 TUPs throughout the City; 11 of those TUP permits were within the public right-of-way (El Paseo and Highway 111 Frontage Road), and the remaining permits were within private property. The popularity of this program among restaurateurs and patrons contributed to its continuance of the program for the year. By June 2021, when indoor dining resumed, 14 of the 30 restaurants removed their dining decks (16 dining decks remain). On June 24, 2021, City Council extended the existing TUPs for one year to June 30, 2022. The City Council also directed staff to work with Prest Vuksic Greenwood Architects and the City’s Architectural Review Commission (ARC) for the adoption of the design and safety manual. Upon adoption of those guidelines, the restaurants were required to modify their dining decks to comply in a timely manner. On July 27, 2021, the ARC approved the Dining Deck Design Guidelines that included design elements and safety standards for dining decks on a 6-0-1 vote, with Commissioner Vuksic abstaining. On August 5, 2021, a Dining Deck Team was formed that included staff members tasked with implementing outreach efforts, including contacting existing TUP holders via letters, emails, phone calls, and one-on-one meetings. The Dining Deck Team explained the requirements of the Dining Deck Design Guidelines and provided a deadline to comply with the requirements by October 31, 2021. On October 14, 2021, at a regularly scheduled City Council meeting, staff presented an update to the City Council regarding the Dining Deck Program. A main point presented by staff was the concern that TUP holders expressed challenges to meeting the October 31, 2021, deadline since the requirements of the Dining Deck Design Guidelines required additional plans and labor that was Page 527 of 658 City of Palm Desert Dining Deck Two-Year Extension Page 2 of 5 difficult to obtain within a short timeframe. As a result, the City Council extended the October 31, 2021, deadline and directed staff to continue its efforts/outreach with the remaining 16 restaurants to make the necessary modifications in a timely manner. Strategic Plan: The TUPs for dining decks fulfill priorities identified in the City’s Strategic Plan, as the following: • Economic Development – Priority 4: “Expand and raise awareness of business-friendly services in order to retain and attract business.” • Tourism and Marketing – Priority 1: “Improve access to Palm Desert and its attractions to enhance the ease of lifestyle.” • Transportation – Priority 1: “Create walkable neighborhoods and areas within Palm Desert that would include residential, retail, services and employment centers, and parks, recreation and open space to reduce the use of low occupancy vehicles.” • Land Use - Priority 4: “Create a mixed-use city core integrating shopping, dining, lodging, and housing.” In addition, the allowance of dining decks addresses initiatives listed in the Economic Development Strategic Plan approved by the City Council in 2018: • Revitalization of the El Paseo Key Commercial Corridor. • Facilitate long-term market strengthening of the El Paseo District. • Align City placemaking and other development plans and strategies with key City- designated infrastructure elements. Economic Subcommittee Recommendation: On April 6, 2022, the Economic Subcommittee discussed allowing the continuance of temporary dining decks within the City. The subcommittee concurred that the modifications made to the dining decks as a result of the Dining Deck Guidelines have contributed to a positive visual aesthetic along El Paseo. The subcommittee concluded that it fully supported the temporary dining deck program and recommended that the City Council extend the TUPs for an additional two years. El Paseo Merchants Association Recommendation: On May 12, 2022, staff presented a summary report on the dining decks to the El Paseo Merchants Association (EPMA). The EPMA expressed gratitude for the City Council’s implementation of a temporary dining deck program to support the restaurants on El Paseo. The EPMA also showed support for transitioning to become permanent. The EPMA reiterated their full support for City Council extending the dining deck TUPs for an additional two years. Project Description: Today, 15 of the 16 dining decks have been modified to comply with the Dining Deck Design Guidelines. Below is a list of the 16 restaurants, including the status. The one non-compliant restaurant has submitted the TUP application on November 10, 2021; however, they have not finalized the site plan and design details and staff has not been able to process/approve the Page 528 of 658 City of Palm Desert Dining Deck Two-Year Extension Page 3 of 5 application. The owner stated that the restaurant will be closed from July 3, 2022, to September 9, 2022, and will complete the modifications by October 1, 2022. No. Business Submitted a TUP Compliance with the Dining Deck Design Guidelines 1 Little Bar Yes Yes 2 Pizza Vino Yes Yes 3 IL Corso Yes Yes 4 Mamma Gina Yes Yes 5 Daily Grill Yes Yes 6 Mimmo’s Italian Yes Yes 7 Armando’s Bar and Grill Yes Yes 8 Sweet Basil Yes Yes 9 Kitchen 86 Yes Yes 10 The Fix Yes Yes 11 Wildest Greens Yes Yes 12 Fresh Agave Yes Yes 13 French Rotisserie Cafe Yes Yes 14 Desert Wine Shop Yes Yes 15 Gastro Grind Burger Yes Yes 16 Castelli’s Yes No The most notable requirement/modifications were the installation of barriers and other safety devices. The Dining Deck Design Guidelines included the following: • All material must be aesthetically designed into the dining decks. • All barriers must be between 36 and 42 inches in height. • All barriers must withstand at least 250 lbs. of force. • Must provide a curb wheel stop. • The barriers must be tapered at an angle. • The dining decks must include reflector tabs and a delineator post. Many restaurants installed decorative features such as metal planters and wine barrels as barriers, and two restaurants incorporated existing water barriers into their design. Below are photos of the dining deck for Mamma Gina’s that show the before and after. The picture illustrates the requirement to aesthetically design the water barriers into the dining deck and other safety devices (reflector tabs, delineator post, curb wheel stop). Page 529 of 658 City of Palm Desert Dining Deck Two-Year Extension Page 4 of 5 Before: After: In addition, staff has continued to monitor the rules and regulations from the Alcohol Beverage Control (ABC) regarding alcohol consumption over property lines. Effective on October 8, 2021, AB 61 (Gabriel, Chapter 651, Statutes of 2021) Business pandemic relief allowed the ABC to allow licenses to exercise license privileges in an expanded area authorized pursuant to COVID-19 Temporary Catering Authorization. These provisions sunset on July 1, 2024, which aligns with the staff’s recommendation for a two-year extension. The restaurant owners have stated that the dining decks have provided them with an economic benefit. Staff has received numerous comments that the dining decks add vibrancy to the City. Staff is recommending that the City Council extend the existing TUPs for dining decks for two additional years through June 30, 2024, which is consistent with ABC’s sunset date. Page 530 of 658 City of Palm Desert Dining Deck Two-Year Extension Page 5 of 5 Staff is also recommending that the City continue to work with the one non-compliant restaurant and allow them to make the necessary improvements outlined within the Dining Deck Design Guidelines by October 1, 2022. FINANCIAL IMPACT: This is an informational report and there are no fiscal impacts. REVIEWED BY: Department Director: Martin Alvarez Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Photos of current dining decks 2. Dining Deck Design Guidelines Page 531 of 658 Page 532 of 658 Page 533 of 658 Page 534 of 658 Page 535 of 658 Page 536 of 658 Page 537 of 658 Page 538 of 658 Page 539 of 658 Page 540 of 658 Page 541 of 658 Page 542 of 658 Page 543 of 658 Page 544 of 658 Page 545 of 658 OUTDOOR DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 546 of 658 OUTDOOR DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 2 TABLE OF CONTENTS PAGE 1.0 BACKGROUND ........................................................................................ 3 2.0 APPROVAL AND REVIEW STANDARDS ................................................ 3 3.0 SAFETY CRITERIA .................................................................................. 4 3.1 Street Design Criteria: Where are Dining Decks Allowed .............. 5 3.2 Barrier Design ............................................................................... 5 3.2.1 Parallel Parking Area Protection .................................................... 6 3.2.2 Angled Parking Area Protection..................................................... 6-7 3.2.3 Dining Deck Signage/Markings...................................................... 8 3.3 Platform Threshold Design ............................................................ 8 3.4 Drainage Design ............................................................................ 9 3.5 Accessibility ................................................................................... 10-11 4.0 AESTHETIC AND CONSTRUCTION GUIDELINES ................................. 12 4.1 Deck Construction Standards ........................................................ 12-13 4.2 Aesthetic Standards ...................................................................... 14 4.2.1 Vertical Elements .......................................................................... 14-16 4.2.2 Plant Material ................................................................................ 17 4.2.3 Deck Materials ............................................................................... 17 4.2.4 Overhead Covers .......................................................................... 17-20 4.2.4 Lighting .......................................................................................... 21-22 5.0 TEMPORARY USE PERMIT APPLICATION ............................................ 23-25 Page 547 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 3 1.0 BACKGROUND In response to COVID-19, the State of California, similar to many other States throughout the country, implemented various procedures to mitigate the effects of the pandemic. Some of these procedures included restriction or closure of indoor activities, limited capacity in closed buildings, and the introduction of more outdoor dining. Many cities were faced with varying challenges, including the need to dedicate public space for the use of outdoor activities. The City of Palm Desert has taken an approach that allows outdoor dining through their “Outdoor Dining Deck” program. These extensions of the walkway allow for enhancement of the pedestrian environment, which can help make the street feel safer and more comfortable for people shopping, running errands, and accessing services in the City. Typically, a Dining Deck is a built platform that extends out from the sidewalk to the width of the adjacent parking space. These decks can be used for an expanded dining area or an area to re-route pedestrian travel around expanded outdoor dining on the public sidewalk. These guidelines are intended to be a “living document” due to the rapid development of this program. The City of Palm Desert is focused on safety, accessibility, and drainage in the design of these decks. As new regulations and developments occur, these guidelines will undergo periodic revisions. 2.0 APPROVAL AND REVIEW STANDARDS All dining decks must submit a Temporary Use Permit (TUP) Application for review and approval with the City’s Development Services Department. All submittals are to be prepared under the direction of and stamped by a licensed Architect or Engineer. Applicants shall submit drawings, construction methods, site plans, and identify materials used in their dining deck design. Once received, City staff will review the TUP application and submitted materials for compliance with the Dining Deck Guidelines. Page 548 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 4 3.0 SAFETY CRITERIA Many factors go into selecting whether or not a business can implement a Dining Deck; however, these factors are routed in the general public’s welfare and safety while maintaining the ability for safe and efficient motoring. In addition, accessibility and drainage are two other key considerations. As time progresses, the City of Palm Desert maintains a progressive approach as to how to implement this program. This section documents what businesses can take advantage of the Dining Deck program. The City intends to allow this to continue beyond the COVID-19 restrictions and going forward into the future. Many aspects have to be reviewed, as there are many departments of the City that must be involved. Planning/Engineering The Planning/Engineering Division implements the policies and objectives of the community that are set forth in the City of Palm Desert’s General Plan, Zoning Ordinance, and Specific Plans. The Planning/Engineering Division also reviews new development proposals to ensure that the City’s design and development standards, and goals and policies are executed in the development of the City. Building and Safety The Building and Safety Division is dedicated to providing the highest level of code compliance, inspection services, and plan review to every architect, engineer, developer, contractor, business, and property owner that resides or works within our community. The Division strives to demonstrate fairness, equality, and the highest standard of professional ethics in providing our services while enforcing state construction laws and local ordinances that protect our citizens. The City of Palm Desert adopted its first building code in 1973. Public Works The Public Works Department is responsible for the planning, design, construction, operation, and maintenance of the City’s infrastructure including, streets, sidewalks, storm drains, traffic signals, and landscaping. The department also oversees graffiti removal, engineering review of land development plans, and implementation of City-funded improvement projects. Each of the above-listed departments has a vested interest in the development of the Dining Decks. Each business must submit a Temporary Use Permit application should they wish to participate in the program, and a copy of the permit has been attached in the appendices of this document. In addition, the application can be obtained from the City of Palm Desert’s website. Page 549 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 5 3.1 STREET DESIGN CRITERIA – WHERE ARE DINING DECKS ALLOWED In order to maintain safety of both the pedestrian as well as the motoring public, the City of Palm Desert has determined certain criteria in which they will allow dining decks. Below is a summary of the minimum requirements. Table 1: Dining Deck Selection Criteria 3.2 Barrier Design The City of Palm Desert has committed to the safety of its pedestrians and motoring traffic, and for this reason, Dining Decks shall be protected using standard K-Rail available from construction supply businesses. These barriers can be composed of concrete or durable plastic materials intended to be filled with water to provide a solid barrier between the vehicular traffic and the dining decks. K-Rail are sometimes referred to as Jersey Barriers. At a minimum, barriers must be 36-42 inches high; not easily moved, altered, or stolen; stable and sturdy enough not to fall over or be pushed over (must withstand 250lbs of force). Allowed Will need to be reviewed on a case- by-case basis Prohibited 25 mph Roadway X 30 mph (and over) Roadway X Red Zones X Red Zones by Fire Hydrants X Yellow Zones X White Zones X Green Zones X Travel Lanes X Within 40’ of a Corner (Measured from BCR/ECR) X At an Intersection (i.e. Tee Iintersection) X Parking Lane of 8’ or More X Parking Lane under 8’ X Angled Parking Stalls X Page 550 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 6 3.2.1 PARALLEL PARKING AREA PROTECTION In order to eliminate a blunt edge, the City of Palm Desert is recommending that an approximate 10-foot-long transition be created using K-Rail on the approach side of the dining deck. Parallel to the travel lanes, between the deck and the travel lane, a solid K-Rail barrier shall be provided. On the departure side of the deck, a single K-Rail shall be placed in order to prevent cars from backing up during a parking maneuver from colliding with the deck. As an additional safeguard, a parking wheel stop shall be provided, 4 feet from the last K-rail to further protect the dining deck from someone backing up into a parking stall. It is also an option to provide this on the approach side of the dining deck. 3.2.2 ANGLED PARKING AREA PROTECTION Similar to the parallel parking area Dining Deck, the use of K-Rail shall be implemented to protect Dining Decks placed in angled parking stalls. Since these areas tend to have a greater depth, the decks should be placed at the end of the stall and outside of the traveled way. A conceptual layout has been provided in Figure 1. Page 551 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 7 Figure 1: Dining Deck Parking Area Protection Page 552 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 8 3.2.3 DINING DECK SIGNAGE/MARKINGS Dining decks should include a Type E Flexible Base Delineator on the upstream and downstream side of the k-rail. In addition, a single white reflective tab shall be placed in the middle of each k-rail parallel to the path of travel. The tab shall be installed such that vehicles approaching can see the tab. 3.3 PLATFORM THRESHOLD DESIGN The Dining Deck platform serves as the foundation for the outdoor space and, as such, must be designed of durable materials that can withstand inclement weather and handle the wear and tear of the elements and regular pedestrian traffic. The platform deck shall be designed in accordance with appropriate ADA and California Building Code Chapter 11B. As such, the City of Palm Desert recommends that the platform shall be level with the existing sidewalk (or within ¼” ) and a gap no larger than ½” exists between the curb face and the proposed deck. Any vertical difference over ¼” shall be beveled with a 1:4 (25%) slope. Platforms shall not be bolted to the existing pavement or concrete improvements. If bolting is proposed, the City shall work with the applicant to obtain appropriate payments for future improvement replacement. Page 553 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 9 3.4 DRAINAGE DESIGN In general, most Dining Decks are constructed against an existing curb and gutter, and such local drainage should be taken into account. Impeding of the flow of surface water could cause ponding and potential flooding of the deck creating a hazard for pedestrians and the motoring public. As such, a 6” x 6” minimum clear gutter space must be provided along the entire length of the Dining Deck adjacent to the curb. Openings at either ends may be covered with screens to prevent debris buildup underneath the deck and in the gutter. Page 554 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 10 3.5 ACCESSIBILITY Dining decks shall be designed in accordance with current American’s with Disabilities Act and Chapter 11B of the California Building Code. SAMPLE DINING DECK Page 555 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 11 SAMPLE DINING DECKS (https://www.giffelswebster.com/dining-platforms-and-parklets-in-parking-spaces/) Page 556 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 12 4.0 AESTHETIC AND CONSTRUCTION GUIDELINES The intent of the aesthetic and construction guidelines for outdoor dining decks is to establish design and construction methods that will result in decks that are both safe and aesthetically pleasing for the public. The aesthetic and construction guidelines are outlining a minimum standard and are not intended to stifle creativity. All submittals will be reviewed on a case-by-case basis, and will be deemed acceptable (or not acceptable) based on architectural merit, safety, and compliance with these design guidelines. Dining decks are meant to provide additional outdoor seating options for patrons and add another layer of interest to the street scene. 4.1 DECK CONSTRUCTION STANDARDS Decks may use one of the following construction methods: OPTION 1: A 2x4, 2x6, or 2x8 pressure treated wood covered with a 5/8” minimum marine grade plywood subfloor. The plywood is to be screwed, not nailed, into the 2x members. The finish may be a non-slip tile or an outdoor carpet. An adequate street drainage system needs to be provided adjacent to the curb. This could be either an open space or metal tube below the deck, or wood framing adjacent to the curb could be raised off the street high enough to allow for stormwater to pass underneath it. See Diagram 1 below. Diagram 1 Page 557 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 13 Ideally, the top of the deck would be at the same elevation as the top of the curb for an easy transition. This is preferred and encouraged. If the deck is at the same elevation as the curb, provide a suitable metal threshold. See Diagram 2 below. Diagram 2 Please refer to the Safety Guidelines for more detailed information about thresholds. If the deck is above the height of the curb, a code-compliant handicap-accessible ramp must be provided. All exposed deck edges are to be clad in a 2x wood material with a metal angle on the edge (see Diagram 3 below), or be totally clad in metal and finished with a paint color that meets with City staff approval. DIAGRAM 3 Page 558 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 14 OPTION 2: Brick pavers over a sand sub-base, over gravel, over two layers of 3 mil visqueen. The top of the brick pavers are to be flush with the top of the curb. The edges of the deck, other than on the curb side, are to be finished with a steel angle or plate. Corners of the steel edging may be connected with steel angles (on the inside) and bolts. The visqueen should extend up the inside vertical face of the edges, except on the curb side. Street drainage is to be provided with a plate steel tube adjacent to the curb. The top of the tube is to be flush with the top of the pavers and the top of the curb. This can also be designed so that the top piece is removable plate steel that drops into place. See Diagram 4 below. DIAGRAM 4 4.2 AESTHETIC STANDARDS 4.2.1 VERTICAL ELEMENTS As outlined in the Safety Criteria, K-rail or water-filled barricades shall provide the base for the vertical elements. These barriers shall be covered with acceptable materials so that they are not visible. Acceptable cover materials include, but are not limited to metal, ceramic tile, stone, cementitious products, etc. Some of these materials may be applied over a boxed out sub- frame that fits over the K-rail, or water-filled barriers (see Diagram 5 below). Unlike Diagram 5 however, it is preferred that the entire barrier is covered with the finish material. The acceptability of any material is subject to review. This is because different materials have various levels of quality and attractiveness. They also can be applied in a variety of ways, some of which may be more attractive than others. Page 559 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 15 The following vertical barrier materials would generally not be deemed acceptable: Vinyl pickets or lattice work, painted wood pickets, plastic sheets, fabrics. DIAGRAM 5 Other possible vertical barrier options are 3-dimensional plate steel forms that could be exposed or clad with an acceptable finish material. These forms could be filled with soil and plant material with an appropriate drainage system to serve as a weighted barrier. Another option for these plate steel forms would be to fill them with gravel to a certain level and then top them off with tightly spaced plants in pots or plastic containers. The containers would need to be hidden below the top edge of the form so that only the plant material is visible. See Diagrams 6 & 7 below. DIAGRAM 6 Page 560 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 16 DIAGRAM 7 Other “heavy” elements could be considered on a case-by-case basis, such as concrete forms (see Diagram 8 below) or large pots filled with soil. DIAGRAM 8 The small openings between solid barriers may be permitted. These openings would need to be separated from the street with horizontal cable rail, steel dowels, or some other material that is deemed aesthetically attractive and acceptable by Staff. This material cannot have any space large enough to allow a 4” sphere to pass through (see Diagram 9). Material selections and methods of application will be reviewed by Planning Staff. Page 561 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 17 DIAGRAM 9 4.2.2 PLANT MATERIAL Plant material is highly encouraged and recommended. Plant material could be natural or artificial and would be subject to approval by City Staff. 4.2.3 DECK MATERIALS Brick pavers and framed plywood decks covered with non-slip tile or outdoor carpeting are acceptable. Note, tiles and outdoor carpeting are acceptable as a material; however, it will be reviewed on an individual basis for aesthetic acceptability. Artificial turf is not acceptable. 4.2.4 OVERHEAD COVERS Extremely long, continuous covers are discouraged. Covers should be broken up to provide a more “playful” composition and aesthetic quality. Overhead Covers may consist of the following: 1. Portable umbrellas of a style and color that is deemed to be acceptable by City Staff. See Diagram 10 below. Page 562 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 18 DIAGRAM 10 2. Engineered umbrellas that require a fixed engineered base. See Diagram 11 below. DIAGRAM 11 Page 563 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 19 3. Engineered canvas covers that are connected to the building or to trees. Connection methods need to be engineered and clearly illustrated to determine aesthetic acceptability. See Diagram 12 below. DIAGRAM 12 Page 564 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 20 4. Pre-engineered canvas covers with metal poles of a style and color that is deemed to be acceptable by City Staff. See Diagram 13 below. Metal poles would need to be secured by bolting into the deck base, or providing aesthetically acceptable concrete piers. Sandbags are not acceptable. DIAGRAM 13 Page 565 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 21 4.2.5 LIGHTING Lighting may consist of the following: 1. Market style LED lighting which may be strung from nearby trees and/or connected to poles and/or connected to pre-engineered canvas covers. See Diagram 13 below. DIAGRAM 13 Page 566 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 22 2. Lantern style lighting. See Diagram 14 below. 3. Artificial battery operated candles. See Diagram 14 below. DIAGRAM 14 Lighting should be 3000 to 2700 Kelvin or warmer. Lighting brightness would be at the discretion of the Planning Staff, but generally, light sources should not cause an unpleasant glare and especially not to someone that is not in the deck area. Page 567 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 23 5.0 TEMPORARY USE PERMIT (TUP) City of Palm Desert Temporary Use Permit Outdoor Business Expansion Application Page 568 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 24 Page 569 of 658 DINING DECK DESIGN GUIDELINES JULY 29, 2021 Page 25 Page 570 of 658 Page 1 of 3 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Eric Ceja, Director of Economic Development REQUEST: APPROVE STAFF’S RECOMMENDATION FOR A WORKPLAN RELATED TO THE DISPOSITION OF PROPERTIES IDENTIFIED IN THE CITY’S CENTRAL INVENTORY OF THE SURPLUS LAND ACT. RECOMMENDATION: Approve staff’s recommendation for a work plan related to the disposition of properties identified in the City’s Central Inventory of the Surplus Land Act. BACKGROUND/ANALYSIS: At its meeting of March 24, 2022, the City Council approved a “Central Inventory” of City and SARDA owned properties. This inventory was developed to comply with the Surplus Land Act (SLA), which requires that an inventory must be approved and submitted annually to the State of California Department of Housing and Community Development (HCD) pursuant to Government Code Section 54230(a)(2). The inventory expands on the 2014 State Department of Finance (DOF) approved Long-Range Property Management Plan (LRPMP). The LRPMP was prepared by the City, and approved by the DOF, as part of the requirements of the State’s elimination of Redevelopment Agencies (RDA). The LRPMP identified 13 district property areas for future sale; of which the following have been sold or are in the process of sale: 1. Larkspur – Hotel Paseo 2. 132 Acre (Gerald Ford and Portola) - GHA, Refuge Palm Desert, Vitalia – various residential developments 3. Desert Willow (Site F) - The Retreat Residential Development 4. Desert Willow (Site G) - Revel Independent Senior Living 5. “Casey's Restaurant” - Palm Village Commercial Center on Washington Street The now approved Central Inventory includes fourteen distinct areas totaling forty-five unique parcels. Two of the areas, comprising five unique parcels, are currently declared “exempt” from the SLA as the City Council has previously approved Purchase and Sales Agreement (PSA) with Palms Communities and Refuge Palm Desert, LLC. The exemption indicates that the properties are already in the process of being sold and do not need to be reviewed for disposition. Under the SLA, the City is required to provide annual progress reports to HCD on the status of disposition for land in the Central Inventory. Failure to provide reports may be subject to penalties from HCD including ineligibly for grant fundings from the State and potential loss of land-use controls. In addition, prior to disposition of land in the Central Inventory the City is required to demonstrate to HCD that the sale complies with the SLA. Failure to comply will result in a Page 571 of 658 City of Palm Desert Surplus Land Act – Property Disposition Workplan Page 2 of 3 financial penalty of 30% of the final sale price of the land. Subsequent violations will result in a 50% penalty of the final sales price. Project Description: With the approved Central Inventory, staff has developed a workplan for the disposition of the parcels identified in the Central Inventory. Staff has provided a map and spreadsheet for approved Central Inventory properties; however, the workplan for near-term property dispositions has been provided below. The workplan allows staff to focus on specific properties for near-term disposition while remaining flexible to respond to market demand for other properties in the Central Inventory. The workplan includes information related to the sale of grouped properties, such as “Alessandro,” which consists of seven (7) parcels to be sold together, the estimated value for each property, and the estimated revenue anticipated to be received by the City upon sale. Near term dispositions include the following properties: FINANCIAL IMPACT: The sale of each property is expected to require professional real estate transaction services including title review, appraisals, and escrows. Funds are available for these purposes and are allocated to the Economic Development Department’s professional services fund. REVIEWED BY: Address Ownership Acres Estimated Value Estimated Revenue to the City 44870 San Antonio Circle SARDA 0.25 $495,639 $14,869 44850 San Antonio Circle SARDA 0.38 $495,639 $14,869 Alessandro Alley City of Palm Desert 0.16 $461,000 $461,000 44887 San Antonio Circle SARDA 0.14 $471,618 $14,149 44845 San Clemente Circle City of Palm Desert 0.38 $540,825 $540,825 44889 San Clemente Circle City of Palm Desert 0.14 $575,191 $575,191 San Clemente Circle SARDA 0.42 $554,083 $16,622 Total 1.87 $3,593,995 $1,637,525 Alessandro Properties Address Ownership Acres Estimated Value Estimated Revenue to the City 44911 Cabrillo Avenue City of Palm Desert 0.27 $1,245,000 $1,245,000 44911 Cabrillo Avenue City of Palm Desert 0.22 $1,287,500 $1,287,500 Total 0.49 $2,532,500 $2,532,500 Wallaroo - Cabrillo Avenue Address Ownership Acres Estimated Value Estimated Revenue to the City 45656 Mountain View City of Palm Desert 0.17 $627,292 $627,292 Total 0.17 $627,292 $627,292 Mountain View Single Family Home Page 572 of 658 City of Palm Desert Surplus Land Act – Property Disposition Workplan Page 3 of 3 Department Director: Eric Ceja City Attorney: Robert Hargreaves Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. Central Inventory List 2. Central Inventory Map Page 573 of 658 PALM DESERT CENTRAL INVENTORY March 24, 2022 Common Name Designation Address (Apprximate or Actual)APN Owner Acre Sf Priority Estimated Value Estimated Revenue to City Current Use Unless otherwise indicated, Estimated Values are based on RealQuest data as of March 31, 2022. Monterey Crossing "Triangle Site" Excess of foreseeable needs 73420 Dinah Shore, Palm Desert, CA 92211 694060010 City of Palm Desert 0.67 29185 Low $1,362,375 $1,362,375 Vacant/CVWD water main access Total 0.67 29,185 $1,362,375 $1,362,375 Alesandro Alley (non-contiguous) - Sell as one property Excess of foreseeable needs 44870 San Antonio Circle, Palm Desert, CA 92260 627071067 SARDA 0.25 10890 High $495,639 $14,869 Vacant Excess of foreseeable needs 44850 San Antonio Circle, Palm Desert, CA 92260 627071068 SARDA 0.38 16553 High $495,639 $14,869 Vacant Excess of foreseeable needs Alessandro Alley 627071065 City of Palm Desert 0.16 6970 High $461,000 $461,000 Vacant Excess of foreseeable needs 44887 San Antonio Circle, Palm Desert, CA 92260 627071069 SARDA 0.14 6098 High $471,618 $14,149 Vacant Excess of foreseeable needs 44845 San Clemente Circle, Palm Desert, CA 92260 627071070 City of Palm Desert 0.38 16553 High $540,825 $540,825 Vacant House Excess of foreseeable needs 44889 San Clemente Circle, Palm Desert, CA 92260 627071071 City of Palm Desert 0.14 6098 High $575,191 $575,191 Vacant Excess of foreseeable needs San Clemente Circle, Palm Desert, CA 92260 627074014 SARDA 0.42 18295 High $554,083 $16,622 Vacant Total 1.87 81457 $3,593,995 $1,637,525 Ocotillo Site Excess of foreseeable needs 45330 Ocotillo Drive, Palm Desert, CA 92260 627232005 City of Palm Desert 0.53 23156 Low $257,500 $257,500 Vacant Total 0.53 23,156 $257,500 $257,500 Entrada Del Paseo Excess of foreseeable needs Next to 72599 CA-111 640370018 City of Palm Desert 2.01 85365 Low $2,058,571 $2,058,571 Vacant Excess of foreseeable needs Next to 72559 CA-111, Palm Desert, CA 92260 640370016 City of Palm Desert 0.68 23823 Low $1,215,175 $1,215,175 Vacant Total 2.69 109,188 $3,273,746 $3,273,746 Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694190005 SARDA 5.00 217800 Medium $10,227,611 $306,828 Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694190006 SARDA 0.02 871 Medium -- Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694190007 SARDA 8.54 372002 Medium -- Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694190013 SARDA 2.55 111078 Medium -- Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694190014 SARDA 5.03 219107 Medium -- Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694190016 SARDA 0.21 9148 Medium -- Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694200003 SARDA 4.89 213008 Medium --Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694200004 SARDA 7.90 344124 Medium -- Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694200006 SARDA 0.05 2178 Medium --Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694200007 SARDA 8.81 383764 Medium -- Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694200011 SARDA 81.50 3550140 Medium --Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694200012 SARDA 2.20 95832 Medium -- Vacant Excess of foreseeable needs NEC of Portola and Frank Sinatra Dr 694200022 SARDA 42.85 1866546 Medium --Vacant Total 169.55 7,385,598 $10,227,611 $306,828 Desert Willow Lot Pad C Excess of foreseeable needs NEC of Desert Willow Dr and Country Club Dr 620450012 SARDA 16.91 736600 Medium $3,969,867 $119,096 Vacant Excess of foreseeable needs NEC of Desert Willow Dr and Country Club Dr 620450013 SARDA 1.37 59,677 Medium $2,936,667 $88,100 Vacant Excess of foreseeable needs NEC of Desert Willow Dr and Country Club Dr 620450015 City 0.04 1742 Medium $195,125 $195,125 Vacant Total 18.32 798019 $7,101,659 $402,321 Desert Willow Lot Pad D Excess of foreseeable needs NEC of Desert Willow Dr and Country Club Dr 620450018 SARDA 0.67 29185 Medium $1,618,346 $48,550 Vacant Excess of foreseeable needs NEC of Desert Willow Dr and Country Club Dr 620450020 SARDA 13.67 595465 Medium $4,323,944 $129,718 Vacant Total 14.34 624650 $5,942,290 $178,269 Desert Willow Lot Pad A Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club 620400025 SARDA 14.46 629877 Medium $4,674,000 $140,220 Vacant Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club 620450012 SARDA 16.91 736599 Medium $6,385,500 $191,565 Vacant Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club 620450013 SARDA 1.37 59677 Medium $3,326,000 $99,780 Vacant Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club 620450014 SARDA 0.45 19602 Medium $1,534,850 $46,046 Vacant Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club 620450017 SARDA 0.19 8276 Medium $895,938 $26,878 Vacant Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club 620450018 SARDA 0.67 29185 Medium $1,734,875 $52,046 Vacant Excess of foreseeable needs East side of Desert Willow Drive, North of Country Club 620450020 SARDA 13.67 595465 Medium $4,323,944 $129,718 Vacant Total 47.72 2078681 $22,875,107 $686,253 Haystack Excess of foreseeable needs Haystack Drive 630250022 SARDA 1.9 82764 Low $1,813,475 $54,404 Vacant Total 1.9 82764 $1,813,475 $54,404 Wallaroo Center "170 Acre Site" - Sell as one property - Property valuation based on per acre value from the appriasal for the Refuge property sale. Page 1 of 2 6/3/20229:44 AM Page 574 of 658 PALM DESERT CENTRAL INVENTORY March 24, 2022 Common Name Designation Address (Apprximate or Actual)APN Owner Acre Sf Priority Estimated Value Estimated Revenue to City Current Use Excess of foreseeable needs 44911 Cabrillo Avenue, Palm Desert, CA 92260 625082022 City of Palm Desert 0.27 11761 High $1,245,000 $1,245,000 Vacant Building Excess of foreseeable needs 44911 Cabrillo Avenue, Palm Desert, CA 92260 625082023 City of Palm Desert 0.22 9583 High $1,287,500 $1,287,500 Vacant Building Total 0.49 21344 $2,532,500 $2,532,500 Mountain View Excess of foreseeable needs 45656 Mountain View, Palm Desert, CA 92260 627351024 City of Palm Desert 0.17 7405 High $627,292 $627,292 Vacant House Total 0.17 7405 $627,292 $627,292 Portola Excess of foreseeable needs 45653 Portola Ave 627351010 City of Palm Desert 0.23 10019 High $510,000 $510,000 Vacant House Total 0.23 10019 $510,000 $510,000 Total SARDA Estimated Value $49,781,996 Total City Estimated Value $10,335,554 Total Estimated Value $60,117,550 Total Estimated SARDA Proceeds $1,493,460 Total Estimated City Proceeds $10,335,554 Total Estimated Proceeds $11,829,014 Page 2 of 2 6/3/20229:44 AM Page 575 of 658 COOK STMONTEREY AVEFRED WARING DR HOVLEY LN E FRANK SINATRA DR EL PASEO GERALD FORD DR ELDORADO DRHOVLEY LN W OASIS CLUB DRTAMARISKROWDR CALIFORNI A A VESAN PABLO AVEPARK VIEW DR MAGNESIA FALLS DR DINAH SHORE DR HAYSTACK RDTOWNCENTERWAYMONTEREY AVEP O R T OLA A VEPORTOLA AVEGRAPEVINE STSHADOWMOUNTAINDR FAIRWAY DR HOVLEY LN EPORTOLA AVEFRED WARING DR COUNTRY CLUB DR FRANK SINATRA DRPORTOLA AVECOUNTRY CLUB DR MONTEREY AVECOOK STINT E R S T A T E H W Y 1 0 PORTOLA AVEHWY 111DEEP CANYON RDCOOK STINT E R S T A T E H W Y 1 0 Monterey Crossing"Triangle Site" Alesandro Alley(non-contiguous) OcotilloSite EntradaDelPaseo 170 AcreSite DesertWillowLot Pad C DesertWillowLot Pad D Desert WillowLot Pad A Haystack WallarooCenter MountainView PortolaCOOK STMONTEREY AVEFRED WARING DR HOVLEY LN E FRANK SINATRA DR EL PASEO GERALD FORD DR ELDORADO DRHOVLEY LN W OASIS CLUB DRTAMARISKROWDR CALIFORNI A A VESAN PABLO AVEPARK VIEW DR MAGNESIA FALLS DR DINAH SHORE DR HAYSTACK RDTOWNCENTERWAYMONTEREY AVEP O R T OLA A VEPORTOLA AVEGRAPEVINE STSHADOWMOUNTAINDR FAIRWAY DR HOVLEY LN EPORTOLA AVEFRED WARING DR COUNTRY CLUB DR FRANK SINATRA DRPORTOLA AVECOUNTRY CLUB DR MONTEREY AVECOOK STINT E R S T A T E H W Y 1 0 PORTOLA AVEHWY 111DEEP CANYON RDCOOK STINT E R S T A T E H W Y 1 0 Monterey Crossing"Triangle Site" Alesandro Alley(non-contiguous) OcotilloSite EntradaDelPaseo 170 AcreSite DesertWillowLot Pad C DesertWillowLot Pad D Desert WillowLot Pad A Haystack WallarooCenter MountainView Portola SLA Central Inventory I VICINITY MAP High Priority Medium Priority Low Priority Page 576 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Randy Chavez, Community Services Manager REQUEST: AUTHORIZE THE CITY MANAGER TO APPROVE THE PURCHASE OF 160,000 POUNDS OF GRASS SEED FROM THE LOWEST, RESPONSIBLE BIDDER FOR FISCAL YEAR 2022/23 (PROJECT NO. 921-23) RECOMMENDATION: 1. Authorize the City Manager to approve the purchase of 160,000 pounds of grass seed from the lowest responsible bidder for Fiscal Year 2022/23 (Project No.921-23); and 2. Authorize the City Manager to execute the agreement BACKGROUND/ANALYSIS: The City of Palm Desert (City) and Desert Willow Golf Resort (DWGR) purchase grass seed on an annual basis to overseed City parks, sports fields, greenbelts, the DWGR’s Fire cliff and Mountain View golf courses. Each year, the City and DWGR combine their seed orders to maximize cost savings. Seed growers typically release their seed prices to suppliers the second or third week of July for the following overseeding season. Various seed suppliers have informed staff of a shortage of supplies this coming year compared to previous years. Due to an exhaustion of supply, fuel charge increases, inflation, and no seed carry over from last year, suppliers are forecasting a 20% decrease in supply availability this coming season. The City and DWGR staff discussed the option of receiving bids before the first week of July to meet DWGR’s delivery deadline of September 20, 2022. As the cost of seed fluctuates each year, there is a likelihood the cost per pound will be as much as thirty cents more than the projected cost since vendors will not know what the upcoming seed prices will be. This year, the forecast projects rye seed prices to range between $2.75 to $3.00 per pound. Staff anticipates the seed cost to be significantly higher this year compared to what was paid in previous years. The following table indicates the seed cost over the past three years and the estimated cost for next fiscal year: Seed 2019 2020 2021 2022 Perennial rye grass seed blend $0.89 $1.04 $1.75 $3.00 Perennial rye grass seed, Apron $0.97 $1.14 $2.00 $3.25 Poa Trivialis grass seed $2.85 $3.20 $4.00 $4.50 Page 577 of 658 City of Palm Desert Delegate the City Manager to Approve the Purchase of Grass Seed Page 2 of 2 *Estimate **Only 118,000 pounds ordered due to accumulated inventory Staff has advertised through OpenGov a Request for Quotes with a due date of August 1, 2022. Due to the City Council’s summer meeting schedule, the decreased seed inventory, time needed to execute the agreement, and delivery schedule deadlines, staff requests that the City Council authorize the City Manager to approve the purchase of 160,000 pounds of grass seed to the lowest, responsible bidder. This expediency will help secure the lowest possible price and the seed quantity needed for a successful overseeding season. Strategic Plan: The Parks and Recreation Priority 1 Goal is highlighted with this project. The Priority 1 Goal mandated that our park system be maintained in a high-quality state. FINANCIAL IMPACT: The City will use 34,000 pounds of grass seed for an estimated amount of $109,905, including tax and shipping. Desert Willow Golf Resort will use the remaining 126,000 pounds of seed. Staff accounted for the cost increase and included funds for this purchase in the operating budget for Fiscal Year 2022/23. Therefore, there will be no fiscal impact beyond the contract amount. REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman Year DWGR Cost City Cost Total 2018** $92,578.80 $32,928.40 $125,507.20 2019 $137,301.20 $32,127.20 $169,428.40 2020 $149,177.40 $35,859.20 $189,039.60 2021 $230,500.00 $59,500.00 $290,000.00 2022* $414,837.50 $109,905.00 $524,742.50 Page 578 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Veronica Tapia, Director of Finance REQUEST: APPROVAL OF AN AGREEMENT BETWEEN CHILDREN’S DISCOVERY MUSEUM OF THE DESERT AND THE CITY OF PALM DESERT AS IT RELATES TO FUNDING OF THE REOPENING AND REIMAGINATION PLAN RECOMMENDATION: 1. Authorize the Mayor to execute an agreement between the Children’s Discovery Museum of the Desert (“CDMOD”) and the City of Palm Desert relative to funding the reopening and reimagination plan of the Museum. 2. Approve $150,000 payment in the 2022/23 fiscal year to fund this agreement. This amount has been included in the revised 2022/23 Financial Plan. BACKGROUND/ANALYSIS: Strategic Plan: Approval of the Funding Agreement with CDMOD supports the Arts and Culture Priorities within the Strategic Plan. Priority 3 emphasizes the need to develop secure and sustainable funding for arts and culture for the benefit of the community. Executive Summary: During the May 26, 2022 City Council meeting, Cindy Burreson provided a presentation to the City Council identified the Living Desert as an important asset and investment for the City of Palm Desert. Since that time, staff has been working to develop a cooperative effort that supports the needs of the CDMOD and recognizes its place as a vital community services organization within the community. Approval of this funding agreement will provide $150,000 toward CDMOD’s efforts to reopen reimagine their programs. Background: Envision Palm Desert, the City’s Strategic Plan, identifies Palm Desert as the “cultural core” of the Coachella Valley. A major component of that identification stems from the programs and events that are provided at the CDMOD. CDMOD has been serving the valley for over 3 decades. It has been a special place where children and families experience the joy of learning about themselves and the world around them. CDMOD inspires personal growth through exhibits and programs that inspired the curiosity and creativity of visitors through hands-on exploration. For the past two years, CDMOD has been closed due to the pandemic. During that time, a new plan to expand their programming and gallery space has been underway. Fundraising efforts to support their goals currently represent half of the needed $3 million needed reopen and implement the reimagination plan. Page 579 of 658 City of Palm Desert Request for Funding – Children’s Discovery Museum of the Desert Page 2 of 2 The City of Rancho Mirage has committed to support CDMOD with a matching $150,000 contribution in addition to submitting for a grant in their name from PSJPA. Palm Desert is the second City that CDMOD has approached for funding at this time. It is CDMOD’s intent to request funding from other cities/agencies over the next couple of months. CDMOD indicates that approximately 36% of their attendees (estimated at 85,000/year) reside in Palm Desert. CDMOD has requested financial assistance to support their reopening and reimagination of CDMOD in the amount of $150,000. Staff recommends approval of the investment in reimagination and funding agreement between CDMOD and the City of Palm Desert. FINANCIAL IMPACT: Funding in the amount of $150,000 has been included within the revised FY 2022/23 Financial Plan, Account No. 1104800-4389900. REVIEWED BY: Department Director: Veronica Chavez Finance Director: Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: Todd Hileman ATTACHMENTS: 1. CDMOD Funding Application 2. Request letter 3. Presentation Page 580 of 658 Page 581 of 658 Page 582 of 658 Page 583 of 658 Page 584 of 658 Page 585 of 658 Page 586 of 658 Page 587 of 658 Page 588 of 658 Page 589 of 658 Page 590 of 658 Page 591 of 658 Page 592 of 658 Page 593 of 658 Page 594 of 658 Page 595 of 658 Page 596 of 658 Page 597 of 658 Page 598 of 658 Page 599 of 658 Page 600 of 658 Page 601 of 658 Page 602 of 658 Page 603 of 658 Page 604 of 658 Page 605 of 658 Page 606 of 658 Page 607 of 658 Page 608 of 658 Page 609 of 658 Page 610 of 658 Page 611 of 658 Page 612 of 658 Page 613 of 658 Page 614 of 658 Page 615 of 658 Page 616 of 658 Page 617 of 658 Page 618 of 658 Page 619 of 658 Page 620 of 658 Page 621 of 658 Page 622 of 658 Page 623 of 658 Page 624 of 658 Page 625 of 658 Page 626 of 658 Page 627 of 658 Page 628 of 658 Page 629 of 658 When did we open? When will we REopen? What makes us unique? Who do we serve? How were we affected by pandemic? And our WHY? Page 630 of 658 Our History Our Mission Statement The Children’s Discovery Museum of the Desert is a special place where children and families experience the joy of learning about themselves and the world around them. The Museum inspires personal growth through exhibits and programs that inspire the curiosity and creativity of visitors through hands-on exploration. What makes us unique? Visitors, Multi-generational, Location, Hands On Learning Page 631 of 658 The Pandemic Opportunity Reevaluate Realize REIMAGINE Page 632 of 658 Page 633 of 658 Page 634 of 658 Page 635 of 658 Page 636 of 658 Page 637 of 658 Page 638 of 658 Page 639 of 658 Page 640 of 658 Page 641 of 658 Page 642 of 658 Page 643 of 658 Page 644 of 658 Page 645 of 658 Page 646 of 658 Page 647 of 658 Page 648 of 658 Page 649 of 658 Page 650 of 658 Page 651 of 658 We are MEMORY MAKERS Page 652 of 658 Page 653 of 658 Cindy Burreson exec@cdmod.org 760.321.0602 x103 How can the City help? •Champion for the Museum •Include us in future budget consideration •Community Grant Thank you for your time today! Questions? Page 654 of 658 Page 1 of 2 CITY OF PALM DESERT STAFF REPORT MEETING DATE: June 9, 2022 PREPARED BY: Trisha Stull, Management Analyst REQUEST: ADOPT RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE TO COLLECT THE SOLID WASTE CHARGES FOR INDIVIDUALLY BILLED RESIDENCES ON THE TAX ASSESSOR’S PROPERTY TAX ROLL FOR FISCAL YEAR (FY) 2022-23 RECOMMENDATION: 1. Conduct a majority protest public hearing to receive public comment related to the collection of solid waste charges for individually billed residences for FY 22-23 on the County of Riverside Assessor’s Property Tax Roll, and related items stipulated therein. 2. Waive further reading and adopt Resolution requesting the County of Riverside to collect the associated costs for individually billed residences on the Tax Assessor’s Property Tax Roll for FY 22-23 and authorize the City Manager to execute any documents necessary to effectuate the actions take herewith. BACKGROUND/ANALYSIS: On April 23, 2015, the City Council approved implementation of billing residential waste services for all individually billed (non-master billed) residences through the County of Riverside Tax Assessor’s Property Tax Rolls. This does not include any master billed residences, where a homeowner association pays the cost for its residents. A copy of the written report containing the listing of all parcels included in the billing and the associated charges is available for public review in the Office of the City Clerk. In order to continue this process, the County Tax Assessor requires the City Council to adopt a resolution annually requesting the solid waste charges to be placed on the tax roll. The City is also required to hold a public hearing each year to allow impacted residential property owners an opportunity to voice their concerns regarding the placement of this billing on the tax roll. Staff recommends adopting the attached resolution approving solid waste charges for 22-23 and authorizing residential tax roll billing. FINANCIAL IMPACT: Authorizing tax roll billing for individually billed residences allows the City to continue to collect revenue per the Franchise Agreement, through a tax roll billing credit of $1.06 per customer enrolled per month ($0.73 [69%] goes to the Recycle Fund and $0.33 [31%] goes to the General Fund). This amounts to approximately $124,000 a year to the Recycle Fund and approximately $56,000 a year to the General Fund. Page 655 of 658 City of Palm Desert Collection of Residential Solid Waste Charges on Property Tax Roll Page 2 of 2 REVIEWED BY: Department Director: Andy Ramirez, Deputy Director of Public Works Finance Director: Jose Luis Espinoza for Veronica Chavez Assistant City Manager: Andrew Firestine City Manager: L. Todd Hileman ATTACHMENTS: 1. City Council Public Hearing Notice 2. Resolution Page 656 of 658 Page 657 of 658 RESOLUTION NO. 2022-_____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REQUESTING THE COUNTY OF RIVERSIDE COLLECT THE ASSOCIATED COSTS FOR INDIVIDUALLY BILLED RESIDENCES ON THE TAX ASSESSOR’S TAX ROLL FOR FISCAL YEAR 2022-23. THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, the collection of refuse service fees for single-family residential properties may be collected through the County of Riverside Tax Assessor’s Tax Rolls in compliance with all laws pertaining to the levy of the assessment, and as authorized by City of Palm Desert Code Section 8.16.110. These changes are levied without regard to the property valuation; and WHEREAS, commencing July 1, 2015, the City Council approved the County of Riverside to collect fees for solid waste and recycling management for individually billed residences on the Tax Assessor’s Tax Rolls, until such time as rescinded; and WHEREAS, a copy of the written report containing the parcel listing of all residences included in tax roll billing and the charges assessed is available for public review by contacting the City Clerk’s Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA AS FOLLOWS: 1. The foregoing recitals are true and correct. 2. The City Council hereby requests the Riverside County Tax Assessor to place the collection of charges for solid waste services for individually billed residences on the County’s tax rolls. 3. Burrtec will pay to the City $1.06 per parcel per month in a tax roll billing credit to the City, to be divided $0.73 (69%) to the Recycle Fund and $0.33 (31%) to the General Fund. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California at its regular meeting held this 9th day of June 2022, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: _____________________________ JAN C. HARNIK, MAYOR ATTEST: _________________________________ ANTHONY J. MEJIA, CITY CLERK CITY OF PALM DESERT, CALIFORNIA Page 658 of 658