HomeMy WebLinkAbout00 Agenda packet 2023-01-12CITY OF PALM DESERT
PALM DESERT CITY COUNCIL (CC),
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (SA),
AND HOUSING AUTHORITY (HA) MEETING
(HYBRID MEETING)
73-510 FRED WARING DRIVE
PALM DESERT, CA 92260
REGULAR MEETING AGENDA
Thursday, January 12, 2023
3:30 p.m. Closed Session
4:00 p.m. Regular Session
Pursuant to Assembly Bill 361, this meeting may be conducted by teleconference. There will be 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: Attend the meeting in our Council Chamber
at the Palm Desert Civic Center, 73-510 Fred Waring Drive, Palm Desert, CA 92260. To participate
by email, internet, or phone, please see the detailed instructions on the last page of this agenda.
AGENDA Thursday, January 12, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 2 of 7
CLOSED SESSION: 3:30 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 attend in person or utilize one
of the three options listed on the last page of th is agenda.
RECESS TO CLOSED SESSION
CLOSED SESSION AGENDA
A.Closed Session Meeting Minutes: December 15, 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.
4:00 P.M. REGULAR MEETING
ROLL CALL
PLEDGE OF ALLEGIANCE: Councilmember Trubee
INSPIRATION: Mayor Pro Tem Quintanilla
REPORT OF CLOSED SESSION: City Attorney Hargreaves
AWARDS, PRESENTATIONS, AND APPOINTMENTS:
A.PRESENTATION - COACHELLA VALLEY RAIL PROJECT – Riverside County
Transportation Commission, Deputy Executive Director Aaron Hake
B.PRESENTATION – FRONTIER COMMUNICATIONS FIBER TO THE HOME (FTTH)
CITY MANAGER COMMENTS
A.None.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION
AGENDA Thursday, January 12, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 3 of 7
NON-AGENDA 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
attend in person or utilize one of the three options listed on the last page of the agenda. Because
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 FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING
RECOMMENDATION: Find 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.
B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
RECOMMENDATION: Approve the Minutes of December 15, 2022.
C. APPROVAL OF WARRANTS
RECOMMENDATION: Approve warrants issued for the period of 12/8/2022 through
12/29/2022.
D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSES FOR:
1. ONURAL GROUP LLC, THE VENUE SUSHI BAR & SAKE LOUNGE, 73111 EL
PASEO SUITE 103
2. SHOREBIRD EL PASEO LLC, 73061 EL PASEO SUITE 8
3. COWBOY CANTINA USA LLC, 72620 EL PASEO
RECOMMENDATION: Receive and file the Alcoholic Beverage License applications.
E. REQUEST TO APPROVE FEE WAIVER FOR REMEMBRANCE FOR VICTIMS OF
COVID-19 EVENT
RECOMMENDATION: Consider request by Mr. Donnie Cook to approve fee waiver for
Remembrance for Victims of COVID-19 event at Civic Center Park including a temporary
waiver of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City
Parks).
AGENDA Thursday, January 12, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 4 of 7
F. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARK ORDINANCES
FOR FUTURE FOOD MARKET AT CIVIC CENTER PARK
RECOMMENDATION: Consider request by Mr. Bryan Lopez to approve temporary
waiver of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City Parks)
and 11.01.080Q (Vendor Sales in City Parks) for Future Food Market at Civic Center
Park.
G. REQUEST TO APPROVE FEE WAIVER FOR HOLOCAUST REMEMBRANCE DAY
EVENT
RECOMMENDATION: Consider request by Mr. Steven Geiger to approve fee waiver for
Holocaust Remembrance Day event at Civic Center Park including a temporary waiver
of Palm Desert Municipal Code Section 11.01.140 (Amplified Sound in City Parks).
H. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARKS
ORDINANCES FOR PALM DESERT YOUTH SPORTS ASSOCIATION OPENING DAY
OF BASEBALL & SOFTBALL AT CIVIC CENTER PARK
RECOMMENDATION:
Approve a temporary waiver of certain parks ordinances for Palm Desert Youth Sports
Association (PDYSA) opening day of Baseball & Softball at Civic Center Park, including
the following sections of the Palm Desert Municipal Code:
a. 11.01.20 (Hours of Use in City Parks);
b. 11.01.140 (Amplified Sound in City Parks);
c. 11.01.080-H (Camping);
d. 11.01.080 O (Placement of Advertising Signage in City Parks); and
e. 11.01.080 Q (Vendor Sales in City Parks).
I. REQUEST TO APPROVE TEMPORARY WAIVER OF CERTAIN PARKS
ORDINANCES FOR WATER LANTERN FESTIVAL AT CIVIC CENTER PARK
RECOMMENDATION:
Consider request by Mr. Sam Bakker to approve temporary waiver of certain parks
ordinances for Water Lantern Festival at Civic Center Park including Palm Desert
Municipal Code sections as follows:
a. 11.01.20 (Hours of Use in City Parks);
b. 11.01.140 (Amplified Sound in City Parks);
c. 11.01.080 O (Placement of Advertising Signage in City Parks); and
d. 11.01.080 Q (Vendor Sales in City Parks).
AGENDA Thursday, January 12, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 5 of 7
J. AWARD CONTRACT NO. C44440 TO ECONOLITE SYSTEMS, INC., OF ANAHEIM,
CALIFORNIA, FOR TRAFFIC SIGNAL HARDWARE UPGRADE IN THE AMOUNT OF
$412,560 (PROJECT NO. 569-23)
RECOMMENDATION:
1. Award Contract No. C44440 to Econolite Systems, Inc., of Anaheim, California, for the
Traffic Signal Hardware Upgrade project in the amount of $412,560.
2. Authorize the Director of Finance to set aside a contingency in the amount of $35,000
for unforeseen conditions.
3. Authorize the City Manager or designee to review and approve writ ten requests for
the use of contingency for unforeseen conditions up to the contingency amount per
Section 3.30.170 of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the agreement.
K. ADOPT RESOLUTION FOR RECOGNIZED OBLIGATION PAYMENT SCHEDULE
AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD FROM JULY 1, 2023,
THROUGH JUNE 30, 2024, PURSUANT TO HEALTH AND SAFETY CODE SECTION
34177 AND TAKING CERTAIN RELATED ACTIONS
RECOMMENDATION: Adopt Resolution for Recognized Obligation Payment Schedule
and Administrative Budgets for the fiscal period from July 1, 2023, through June 30, 2024,
and taking certain related actions.
L. AWARD ON-CALL CONTRACT S TO MULTIPLE VENDORS FOR PARK AND
FACILITIES REPAIRS AND IMPROVEMENT PROJECTS AND APPROPRIATE
FUNDS
RECOMMENDATION:
1. Award on-call contracts to PUB Construction, Inc., of Diamond Bar, California,
Belfor USA Group of Riverside, California, and Elite Customs Construction of San
Jacinto, California, for Park and Facilities Repairs and Improvements, for a period of
three (3) years in an aggregate amount not to exceed $750,000 per fiscal year with
the initial year being pro-rated from date of approval, pursuant to the terms of the
agreement(s).
2. Appropriate $220,000 from Unassigned Parkview Complex funds to Account No.
5104195-4331000.
3. Authorize the Mayor to execute said agreements.
4. Authorize the City Manager to review and approve up to two (2) additional one -year
terms per vendor contract for an aggregated amount not to exceed $750,000 per fiscal
year.
AGENDA Thursday, January 12, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 6 of 7
M. APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C32410 WITH DESERT
RECREATION DISTRICT FOR ANNUAL PARK AND PORTOLA COMMUNITY
CENTER SERVICES AND APPROPRIATE FUNDS
RECOMMENDATION:
1. Approve Amendment No. 2 to Contract No. C32410 to incorporate DRD’s adopted
class and compensation study resulting in an increase to the reimbursement of park
and community center services.
2. Appropriate $100,000 from Unobligated General Fund Reserves to Account No.
1104610-4309000, Prof-Services Civic Center Park.
3. Authorize the City Manager to execute said amendment.
N. ACCEPT CONTRACT NO. C37040A WITH H&H GENERAL CONTRACTORS, INC.,
OF HIGHLAND, CALIFORNIA, FOR THE PRESIDENTS’ PLAZA EAST AND WEST
PARKING LOT IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY
CLERK TO FILE A NOTICE OF COMPLETION (PROJECT NO. 758-14)
RECOMMENDATION:
1. Accept Contract No. C37040A with H&H General Contractors, Inc. of Highland,
California, for the Presidents’ Plaza East and West Parking Lot Improvements as
complete.
2. Approve Contract Amendment No. 3 to Contract No. C37040B in the amount of
$94,000.
3. Authorize the transfer of $94,000 from the remaining contingency amount for the
project from Contract No. C37040A to Contract C37040B.
4. Authorize the City Clerk to file the Notice of Completion.
5. Authorize the City Manager or their designee to execute the contract amendment.
CONSENT ITEMS HELD OVER: Items removed from the Consent Calendar for separate
discussion are considered at this time.
2. ACTION CALENDAR:
A. RECEIVE AND FILE INFORMATIONAL REPORT RELATIVE TO STATE AND LOCAL
REGULATIONS OF MARKET RATE HOUSING RENT INCREASES (Housing
Authority)
RECOMMENDATION: Receive and file an informational Staff Report that presents an
overview of state law governing rent increases for market-rate residential properties and
describes additional steps that cities may take to bolster tenant protections within their
jurisdictions.
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. None.
THREE OPTIONS FOR PARTICIPATING IN THE MEETING
AGENDA Thursday, January 12, 2023
City Council, Successor Agency to the Palm Desert
Redevelopment Agency, and Housing Authority Meeting
Page 7 of 7
OPTION 1: PARTICIPATE BY E-MAIL
Send your comments by email to: CouncilMeetingComments@cityofpalmdesert.org.
E-mails received prior to 10:00 a.m. 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 as it gives 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 fo r 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,
Palm Desert Civic Center, 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, Assistant 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.palmdesert.org no less than 72 hours prior to the meeting.
/S/ Níamh M. Ortega
Assistant City Clerk
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Page 1 of 1
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Robert Hargreaves, City Attorney
REQUEST: MAKE FINDINGS TO SUPPORT THAT THE STATE OF CALIFORNIA
CONTINUES IN A GOVERNOR-DECLARED STATE OF EMERGENCY
AND THAT THE CITY MAY CONTINUE TO EMPLOY REMOTE
TELECONFERENCING
RECOMMENDATION:
Find 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 consequently that the City Council and its other Brown-Act bodies may continue to
employ remote teleconferencing under Government Code Section 54953(e).
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 preexisting 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 City 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 Attorney
City Manager: Todd Hileman, City Manager
Item 1A-1
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Thursday, December 15, 2022
Minutes of the Regular Meeting of the Palm Desert City Council (CC),
Successor Agency to the Palm Desert Redevelopment Agency (SARDA),
and Housing Authority (HA)
Pursuant to Assembly Bill 361, this meeting was conducted by teleconference and there
was in-person public access to the meeting location.
CALL TO ORDER:
A Regular Meeting of the Palm Desert City Council was called to order by Mayor Harnik
on Thursday, December 15, 2022, at 3:30 p.m. in the Council Chamber, City Hall,
located at 73-510 Fred Waring Drive, Palm Desert, California.
ROLL CALL:
Present: Councilmembers Kathleen Kelly, Gina Nestande, and Karina Quintanilla;
and Mayor Jan Harnik.
Absent: Mayor Pro Tem Sabby Jonathan.
PLEDGE OF ALLEGIANCE:
Councilmember Kelly led the Pledge of Allegiance.
INSPIRATION/INVOCATION:
Mayor Harnik offered words of inspiration.
REPORT OF CLOSED SESSION:
The Regular Closed Session of the City Council of December 15, 2022, was called to
order by Mayor Harnik at 3:30 p.m., with all members present except Mayor Pro Tem
Jonathan.
The meeting convened in Closed Session to discuss the following items as listed on the
Regular Closed Session Meeting Agenda:
A.CLOSED SESSION MEETING MINUTES: November 17, 2022
Item 1B - 1
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 2
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
B.CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO
GOVERNMENT CODE SECTION 54956.8:
1.Property Description: 73-710 Fred Waring Drive, Suite 102A
Agency: City of Palm Desert
City Negotiator: Todd Hileman/Veronica Chavez
Negotiating Parties: Congressman Ken Calvert, 41st District
Under Negotiation: Price and Terms
C.CONFERENCE WITH LEGAL COUNSEL – MATTERS CREATING 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
creates significant exposure to litigation.
City Attorney Hargreaves reported that the City Council received briefings and provided
direction to staff regarding the agendized Closed Session items. Relative to Closed
Session Item B1, the City Council directed that staff proceed with the execution of a lease
agreement. The City Council did not take any other reportable actions.
PRESENTATIONS:
A. ADOPT RESOLUTION NO. 2022-96 DECLARING THE RESULTS OF THE
NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION
MOTION BY COUNCILMEMBER KELLY, SECOND BY COUNCILMEMBER
QUINTANILLA, CARRIED 4-0, to adopt Resolution No. 2022-96 reciting the facts
of the General Municipal Election held on November 8, 2022, declaring the results
and such other matters as provided by law.
B.INSTALLATION OF NEW CITY COUNCILMEMBERS
City Clerk Mejia administered the Oath of Office to newly elected Councilmember
Evan Trubee and re-elected Councilmember Jan Harnik. They each expressed
their gratitude to the Palm Desert voters and the community.
C.APPOINTMENT OF THE MAYOR AND MAYOR PRO TEM
The City Council nominated and unanimously confirmed Councilmembers Kelly
and Quintanilla to serve as Mayor and Mayor Pro Tem, respectively, for a term of
one year commencing upon appointment.
Item 1B - 2
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 3
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
CITY MANAGER'S COMMENTS:
A. PUBLIC WORKS ACTIVITIES UPDATE – FACILITIES OPERATIONS AND
MAINTENANCE
Public Works Deputy Director Ramirez narrated a PowerPoint presentation.
B. AFFORDABLE HOUSING PROJECTS UPDATE
Housing Manager Gonzales narrated a PowerPoint presentation and responded
to City Council inquiries.
MAYOR/COUNCILMEMBER REPORTS AND REQUESTS FOR ACTION:
Councilmember Harnik reported on her recent activities and requested the following items:
• A tour for members of the City Council of Housing Authority properties.
• A review of health insurance benefits for members of the City Council. This request
was supported by Councilmember Nestande and Mayor Kelly. Mayor Kelly appointed
Councilmembers Harnik and Nestande to an ad hoc subcommittee to study this topic.
Mayor Kelly noted that she will schedule a City Council workshop in early February to
establish the major goals for the upcoming year and conduct a progress review on existing
goals.
NON-AGENDA PUBLIC COMMENTS:
Alan Schiff, Palm Desert resident, expressed his gratitude for the City Council’s vision on
CV Link, and requested the City Council explore residential energy-saving programs, and
requested the re-establishment of ballroom dancing classes in Palm Desert.
Ralph Perry, Palm Desert resident, spoke in support of five districts in Palm Desert.
Gregg Akkerman, Palm Desert resident, spoke in support of five district in Palm Desert.
1. CONSENT CALENDAR:
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve the consent calendar as presented.
A. APPROVE FINDINGS RELATIVE TO AB 361 – REMOTE TELECONFERENCING
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to find 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.
Item 1B - 3
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 4
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
B. APPROVAL OF CITY COUNCIL, SUCCESSOR AGENCY, AND HOUSING
AUTHORITY MINUTES
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve the Minutes of November 17, 2022.
C. APPROVAL OF WARRANTS
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve warrants issued for the period of
October 26, 2022, through December 2, 2022.
D. APPLICATION FOR AN ALCOHOLIC BEVERAGE LICENSE FOR D’COFFEE
BOUTEAQUE, 73131 COUNTRY CLUB DRIVE, C1 & C2, PALM DESERT
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to receive and file the Alcoholic Beverage License
application.
E. ADOPT RESOLUTION NO. 2022-97 TO ADOPT THE CITY OF PALM DESERT
CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to adopt Resolution No. 2022-97 to adopt the City of
Palm Desert Conflict of Interest Code, incorporating disclosure categories and
designated positions and rescinding Resolution No. 2020-78.
F. APPROVAL OF 2023 CITY COUNCIL LIAISON ASSIGNMENTS
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to approve the 2023 City Council liaison assignments
as proposed.
Item 1B - 4
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 5
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
G. ADOPT RESOLUTION NO. 2022-98 UPDATING THE CITYWIDE RECORDS
MANAGEMENT PROGRAM AND RETENTION SCHEDULES
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to adopt Resolution No. 2022-97 rescinding
Resolution No. 2020-76 and approving the updated Citywide Records
Management Program and Retention Schedules.
H. ADOPT RESOLUTION NO. 2022-99 APPROVING SELECT FINANCIAL
POLICIES
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Adopt Resolution No. 2022-99 approving financial policies FIN-008 Capital and
Inventoriable Assets Management, FIN-009 Disposal of Surplus Property and
Equipment, and FIN-010 Furniture Procurement Policy and Procedures.
2. Approve an effective date of July 1, 2022, to coincide with the City of Palm
Desert’s fiscal year.
I. ADOPT RESOLUTION NO. 2022-100 MAKING CERTAIN FINDINGS
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 66000-66008
RELATING TO THE DEVELOPMENT IMPACT FEES ANNUAL REPORT FOR
THE FISCAL YEAR ENDED JUNE 30, 2022
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to adopt Resolution No. 2022-100 accepting the
Development Impact Fees Annual Report and making certain findings pursuant to
the California Government Code.
J. APPROVE A CENTRAL INVENTORY OF SURPLUS LAND IN EXCESS OF
FORESEEABLE NEED PURSUANT TO GOVERNMENT CODE 54230(A)(1) IN
CONNECTION WITH PROPERTIES OWNED BY THE CITY OF PALM DESERT,
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY, AND PALM DESERT HOUSING AUTHORITY, AND DIRECT THE
REPORTING OF INFORMATION REGARDING SUCH PROPERTIES TO THE
CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT PURSUANT TO GOVERNMENT CODE 54230(A)(2)
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Approve the “Central Inventory” of surplus land and land in excess of foreseeable
need in connection with properties owned by the City of Palm Desert, Successor
Agency to the Palm Desert Redevelopment Agency, and Palm Desert Housing
Authority, pursuant to Government Code Section 54230(a)(1).
2. Authorize staff to report to the California State Department of Housing and
Community Development information about such properties pursuant to
Government Code 54230(a)(2).
Item 1B - 5
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 6
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
K. ADOPT RESOLUTION NO. 2022-101 DECLARING THREE (3) CITY OF PALM
DESERT OWNED PROPERTIES AND RESOLUTION NO. SA-RDA 098
DECLARING FOUR (4) PALM DESERT SUCCESSOR AGENCY TO THE PALM
DESERT REDEVELOPMENT AGENCY OWNED PROPERTIES LOCATED ON
ALESSANDRO DRIVE, SAN ANTONIO CIRCLE, AND SAN CLEMENTE
CIRCLE SURPLUS LAND AND AUTHORIZING STAFF TO RELEASE A
NOTICE OF AVAILABILITY FOR THE SALE OF THE SEVEN (7) PROPERTIES
(Joint Consideration with Successor Agency Board)
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Adopt Resolution No. 2022-101 declaring City of Palm Desert owned properties
located at Alessandro Drive (APN 627-071-065), 44845 San Clemente Circle
(APN 627-071-070), and 44889 San Clemente Circle (APN 627-071-071) surplus
for the purposes of the Surplus Land Act.
2. Adopt Resolution No. SA-RDA 098 declaring Palm Desert Successor Agency to
the Redevelopment Agency properties located at 44870 San Antonio Circle
(APN 627-071-067), 44850 San Antonio Circle (APN 627-071-068),
44887 San Antonio Circle (APN 627-071-069), and San Clemente Circle
(APN 627-074-014) surplus for the purposes of the Surplus Land Act.
3. Authorize staff to release a Notice of Availability for the sale of the seven (7)
properties.
L. ADOPT RESOLUTION NO. 2022-102 DECLARING CITY OF PALM DESERT
OWNED PROPERTIES LOCATED AT 44911 CABRILLO AVENUE
(APN 625-082-022 AND APN 625-082-023) SURPLUS LAND AND
AUTHORIZING STAFF TO RELEASE A NOTICE OF AVAILABILITY FOR THE
SALE OF THE PROPERTIES
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Adopt Resolution No. 2022-102 declaring City of Palm Desert properties located
at 44911 Cabrillo Avenue (APN 625-082-022) and 44911 Cabrillo Avenue
(APN 625-082-023) surplus land.
2. Authorize staff to release a Notice of Availability for the sale of the properties.
Item 1B - 6
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 7
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
M. APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE CITY OF PALM
DESERT AND PALM DESERT UNIVERSITY GATEWAY, LLC, FOR THE
MILLENNIUM APARTMENT PROJECT LOCATED AT 74699 TECHNOLOGY
DRIVE, PALM DESERT
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Approve the Housing Agreement by and between the City of Palm Desert and
Palm Desert University Gateway, LLC, in accordance with the conditions of
approval of the development of 330 units known as Millennium Apartments, a
multifamily rental housing project located at located at 74699 Technology Drive,
Palm Desert.
2. Authorize the City Manager or his designee to finalize the Housing Agreement,
and the documents described in the Agreement or otherwise deemed necessary
or proper to effectuate the Agreement and conditions of approval, with such
changes thereto as the City Manager or his designee, in consultation with the
City’s legal counsel, may deem appropriate or necessary and consistent with the
purposes of the Agreement and conditions of approval, with such approval to be
conclusively evidenced by the execution and delivery thereof.
3. Authorize the Mayor and/or City Manager to execute and deliver, for and in the
name of the City, the Agreement and other documents as described in
Recommendation No. 2 and authorize the City Clerk to record the agreement.
N. APPROVE A HOUSING AGREEMENT BY AND BETWEEN THE
CITY OF PALM DESERT AND GERALD FORD APARTMENTS, LP, FOR THE
GERALD FORD APARTMENT PROJECT LOCATED AT 75580 GERALD FORD
DRIVE, PALM DESERT
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Approve the attached Housing Agreement by and between the City of Palm
Desert and Gerald Ford Apartments, a California Limited Partnership, in
accordance with the conditions of approval of the development, of 150 units
known as Gerald Ford Apartments, a multifamily rental housing project located
at located at 75580 Gerald Ford Drive, Palm Desert.
2. Authorize the City Manager or his designee to finalize the Housing Agreement,
and the documents described in the Agreement or otherwise deemed
necessary or proper to effectuate the Housing Agreement and conditions of
approval, with such changes thereto as the City Manager or his designee, in
consultation with the City’s legal counsel, may deem appropriate or necessary
and consistent with the purposes of the Housing Agreement and conditions of
approval, with such approval to be conclusively evidenced by the execution and
delivery thereof.
3. Authorize the Mayor and/or City Manager to execute and deliver, for and in the
name of the City, the Housing Agreement and other documents, as described
in Recommendation No. 2, and authorize the City Clerk to record the Housing
agreement.
Item 1B - 7
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 8
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
O. ADOPT RESOLUTION NO. 2022-103 TO AUTHORIZE DESTRUCTION OF
OBSOLETE RECORDS FROM THE HOUSING DIVISION
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to adopt Resolution No. 2022-103 authorizing the
destruction of obsolete records from the Housing Division pursuant to the
California Government Code Section 34090.
P. ACCEPT OFF-SITE IMPROVEMENTS, AUTHORIZE THE RELEASE OF BONDS
FOR THE PORTA VIA PROJECT, AND ACCEPT A MAINTENANCE BOND
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Accept off-site public improvements.
2. Authorize the Release of the Faithful Performance Bond in the amount of
$80,261.78 and the Labor and Materials Bond in the amount of $80,261.78.
3. Accept the Maintenance Bond in the amount of $8,026.18.
Q. ADOPT MEMORANDUM OF UNDERSTANDING WITH FRIENDS OF THE
DESERT MOUNTAINS
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to adopt a Memorandum of Understanding with
Friends of the Desert Mountains.
R. ADOPT RESOLUTION NO. 2022-104 APPROVING FINAL SUBDIVISION MAP
OF TRACT MAP NO. 37639
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to: adopt Resolution No. 2022-104 approving Final
Tract Map No. 37639.
Item 1B - 8
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 9
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
S. AWARD A CONTRACT TO GARLAND/DBS, INC., FOR ROOF REPAIRS AND
RELATED SERVICES ON CITY-OWNED BUILDINGS IN AN AMOUNT NOT TO
EXCEED $250,000 PER FISCAL YEAR
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to:
1. Award a forty-two (42) month contract to Garland/DBS, Inc., for roof repairs and
related services on City-owned Buildings 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 amount not to exceed $250,000 per fiscal year.
2. Confirm participation with the U.S. Communities Government Purchasing
Alliance.
3. Authorize the City Attorney to negotiate the final Maintenance Services
Agreement between the City and Garland.
4. Authorize the City Manager to review and approve up to two (2) one-year
contract extensions for an amount not to exceed $250,000 per fiscal year.
5. Authorize the Mayor and/or the City Manager to execute the Agreement and
any other documents necessary to effectuate the actions taken herewith.
EXCLUDED CONSENT CALENDAR:
None.
2. ACTION CALENDAR:
None.
3. PUBLIC HEARINGS:
A. ADOPTION OF AN URGENCY ORDINANCE NO. 1389 (ZOA 22-0005)
AMENDING SECTION 25.34.030 OF THE PALM DESERT MUNICIPAL CODE
(PDMC) RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR
ACCESSORY DWELLING UNITS AND DETERMINING THE ORDINANCE TO
BE EXEMPT FROM THE CALIFORNIA ENVIRONMENT QUALITY ACT (CEQA)
Deputy Director of Development Services Lua narrated a PowerPoint presentation
and responded to City Council inquiries.
Mayor Kelly opened and closed the public hearing, there being no one wishing to
speak.
MOTION BY COUNCILMEMBER HARNIK, SECOND BY MAYOR PRO TEM
QUINTANILLA, CARRIED 5-0, to waive further reading and adopt Urgency
Ordinance No. 1389 amending Section 25.34.030 of the PDMC relating to
accessory dwelling units and junior accessory dwelling units and determining the
ordinance to be exempt from CEQA (Public Resource Code Section 21080.17).
Item 1B - 9
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 10
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
B. SECOND READING AND ADOPTION OF ORDINANCE NO. 1388 AMENDING
SPECIFIED CHAPTERS OF THE PALM DESERT MUNICIPAL CODE TO
ADOPT THE 2022 EDITIONS OF THE CALIFORNIA CODE OF REGULATIONS,
TITLE 24, AND RELATED CODES WITH SELECTED APPENDICES AND
AMENDMENTS
Chief Building Official Finley presented the staff report.
Mayor Kelly opened and closed the public hearing, there being no one wishing to
speak.
MOTION BY COUNCILMEMBER HARNIK, SECOND BY COUNCILMEMBER
NESTANDE, CARRIED 5-0, to waive the second reading of the ordinance text in
its entirety and read by title only; and adopt Ordinance No. 1388 entitled “AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, AMENDING SPECIFIED CHAPTERS OF THE CITY MUNICIPAL
CODE, TO ADOPT THE 2022 EDITIONS OF THE CALIFORNIA CODE OF
REGULATIONS, TITLE 24, AND RELATED CODES WITH SELECTED
APPENDICES AND AMENDMENTS.”
C. RESOLUTION NO. 2022-105 TO ADOPT A NOTICE OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVAL OF A SUMMARY VACATION FOR A PORTION OF THE
RESTRICTED ACCESS EASEMENT LYING WITHIN PARCELS 6 AND 7 OF
PARCEL MAP 36792 LOCATED NORTH OF GERALD FORD DRIVE,
APPROXIMATELY 750 FEET WEST OF TECHNOLOGY DRIVE
Senior Planner Melloni narrated a PowerPoint presentation.
Mayor Kelly opened and closed the public hearing, there being no one wishing to
speak.
MOTION BY MAYOR PRO TEM QUINTANILLA, SECOND BY
COUNCILMEMBER TRUBEE, CARRIED 5-0, to adopt Resolution No. 2022-105
adopting a Notice of Exemption in accordance with CEQA and approving a
summary vacation for a restricted access easement lying within Parcels 6 and 7
of Parcel Map 36792.
Item 1B - 10
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 11
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
D. RESOLUTION NO. 2022-106 TO ADOPT A NOTICE OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND
APPROVAL OF A SUMMARY VACATION OF AN UNUSED EXCESS PORTION
OF RIGHT-OF-WAY LOCATED AT THE NORTHERLY TERMINUS OF SANTA
MARGARITA AVENUE ADJACENT TO 44525 SANTA MARGARITA AVENUE
Senior Planner Melloni narrated a PowerPoint presentation.
Mayor Kelly opened and closed the public hearing, there being no one wishing to
speak.
MOTION BY COUNCILMEMBER TRUBEE, SECOND BY COUNCILMEMBER
HARNIK, CARRIED 5-0, to adopt Resolution No. 2022-106 approving a Notice of
Exemption in accordance with CEQA and a summary vacation of an unused
portion of Santa Margarita Avenue located at the northerly terminus of Santa
Margarita Avenue, generally at 44525 Santa Margarita Avenue.
E. RESOLUTION NO. 2022-107 TO CONSIDER REVOCATION OF BUSINESS
LICENSE CERTIFICATE NO. 13709873 FOR THE SWEET SPOT CLUB
LOCATED AT 73338 HIGHWAY 111, #O, PALM DESERT, PURSUANT TO
PALM DESERT MUNICIPAL CODE § 5.04.160
Mayor Kelly opened the public hearing and noted that City Clerk Mejia had
previously sworn in staff and the licensee’s representative.
Development Services Director Cannone narrated a PowerPoint presentation and
responded to City Council inquiries.
Joseph Tufaro, Licensee’s representative, summarized the efforts taken by the
licensee to remedy the violations identified; opined that the licensee has not been
provided with sufficient time to resolve issues with the Department of Alcohol
Beverage Control; urged that the City Council allow the licensee a second
opportunity to operate a successful business.
Denise Hanson, Best Best & Krieger’s Counsel to the City, provided closing
remarks to the City Council.
Joseph Tufaro provided his closing remarks to the City Council.
Item 1B - 11
CC, SARDA, & HA Meeting Minutes December 15, 2022
City of Palm Desert Page 12
ALL ACTIONS ARE DRAFT PENDING APPROVAL OF THE FINAL MINUTES
Mayor Kelly closed the public hearing, there being no one else wishing to speak.
MOTION BY COUNCILMEMBER NESTANDE, SECOND BY MAYOR PRO TEM
QUINTANILLA, CARRIED 5-0, to:
1. Find that the report, including attachments, and any additional evidence
provided at the hearing, provides satisfactory evidence to determine that:
A. Good and sufficient reasons have been provided to revoke the Sweet Spot
Club’s business license to preserve the peace, health, safety, or general
welfare of the city.
B. The Sweet Spot Club violated city and state laws.
C. The Sweet Spot Club is conducting a business other than that for which it
is licensed.
2. Adopt Resolution No. 2022-107 entitled “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, REVOKING
BUSINESS LICENSE CERTIFICATE NO. 13709873 FOR THE SWEET SPOT
CLUB LOCATED AT 73338 HIGHWAY 111, #O, PALM DESERT, AND
MAKING FINDINGS IN SUPPORT THEREOF.”
3. With the following commentary, “In the future, perhaps [the licensee] might
have a second chance of getting their business model right.”
INFORMATION ITEMS:
None.
ADJOURNMENT:
The City Council adjourned at 6:10 p.m.
Respectfully submitted,
Níamh M. Ortega
Assistant City Clerk/Assistant Secretary
ATTEST:
Anthony J. Mejia, MMC
City Clerk/Secretary
APPROVED BY CITY COUNCIL: __/__/2023
Item 1B - 12
City of P a lm D esert
Check Register
12/8/2022 -12/8/2022
Bank ID Check umb e r Ch eck Date Ve ndor am e A ccount N umb er T ran saction D es c In voic e A mount Paid
00 00005239 12/08 /2 022 CALIFORNIA JPIA I 104614 4312000 JPIA Mgmt Academy Reg 9/20-22/ INV6581 175.00
00 00005240 12/08 /2022 CBRE INC I 104159 4309000 Professional Real Estate Servi 2022-199842-006 19,500.00
00 00005241 12/08/2022 CENTRAL SQUARE TECHNOLOGIES LLC 1104190 4336000 TRAINING HOURS FOR CENTRALSQUA 369548 900.00
00 00005242 12/08/2022 FAMILY YMCA OF THE DESERT 2424549 4219000 OCT22AQUATIC -SUPPLIES 6442 2,497.97
00 00005242 12/08 /2022 FAMILY YMCA OF THE DESERT 2424549 4309000 OCT22AQUATIC -OTHER EXPENSES 6442 9,125.46
00 00005242 12/08 /2022 FAMILY YMCA OF THE DESERT 2424549 4309300 OCT22AQUA TIC MANAGEMENT FEE: 6442 13,750.00
00 00005242 12/08 /2022 FAMILY YMCA OF THE DES ERT 2424549 4801100 OCT22AQUA TI -FOOD I MERCHANDI 6442 628.16
00 00005242 12/08 /2022 FAMILY YMCA OF THE DESERT 2424549 4802101 OCT22AQUA TIC-CO TRACTED LABOR 6442 73,133 .85
00 00005243 12/08 /2022 FG CREATIVE INC 1104430 4309000 DEC22 Outreach for El PASEO 10088 1,500 .00
00 00005244 12/08 /2022 GRANICUS INC 1104470 4309000 DEC22 SHORT-TERM RENTAL 158920 3,572.85
00 00005245 12/08/2022 K.JMLEY-HORN AND AS SOCIA TES I C . 2134250 5000907 AMENDMENT NO. I FOR ADDITIO AL 23054879 37,480 .58
00 00005246 12/08/2022 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOWABLE EXTRA WORK.AND 100179 394.74
00 00005246 12/08/2022 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOW ABLE EXTRA WORK AND 100180 214.18
00 00005246 12/08 /2022 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOWABLE EXTRA WORK AND 100181 2,521.00
00 00005246 12/08 /2022 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOW ABLE EXTRA WORK AND 100182 2,204 .16
00 00005246 12/08 /2022 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOW ABLE EXTRA WORK AND 100184 2,816.59
00 00005246 12/08 /2022 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOWABLE EXTRA WORK AND 100185 3,782.60
00 00005246 12/08 /2022 MARIPOSA LANDSCAPES INC 1104614 4337001 EXTRAS -EL PASEO / BAJA PARK 100178 11,925 .27
00 00005246 12/08 /2022 MARIPOSA LA DSCAPES INC 1104614 4392101 EXTRAS - E TRADA DEL PASEO 100176 267.00
00 00005247 12/08/2022 RICHARDS WA TSO & GERSHON INC 1104121 4301500 PALM COMM. LGL SVC-10/22 240159 1,985.38
00 00005247 12/08/2022 RICHARDS WATSO & GERSHON INC I 104121 4301500 MILLE !UM LGL SVC-10/22 240159 3,400.11
00 00005247 12/08 /2022 RICHARDS WATSON & GERSHON INC 1104121 4301500 GEN. CITY LGL SVC-10/22 240159 737.09
00 00005247 12/08/2022 RICHARDS WATSON & GERSHON INC 2144490 4390101 CVHC LGL SVC 10/22 240159 3,946.98
00 00005247 12/08/2022 RICHARDS WATSON & GERSHON INC 8714 195 4301500 HA LGL SVC-10/22 240 160 224.26
00 00005247 12/08 /2022 RICHARDS WATSON & GERSHON INC 8734 195 4301500 PALM COMM. LGL SVC-10/22 240159 1,985 .38
00 00005247 12/08/2022 RICHARDS WATSON & GERSHON INC 8734 195 4301500 HAF LGL SVC -10/22 240160 2,905.25
00 00005248 12/08/2022 SANT MADE 1104417 4302600 Design svc for Brightside 2541 1,920.00
Rep ort Date 12/0 8/2 022 Page ~itv & Housing Item 1C-1
C ity of P alm D esert
Check Register
12/8/2022 -12/8 /2022
Bank ID Check N umb er Check Date Ve ndor am e A ccoun t N umb e r T ran sa ction Desc In voice Amount Paid
00 00005248 12/08 /2022 SANT MADE 1104417 4321900 DEC22 Website hosting & Main! 2531 700.00
00 00005249 12/08/2022 SIGNARAMA 1104331 4334000 Decals Yeh #57 City owned INV-114809 312.48
00 00005250 12/08/2022 ST AP LES BUSINESS ADV ANT AGE 1104154 4391500 Standing Desk 3523489396 441.76
00 00005250 12/08/2022 STAPLES BUSINESS ADVANTAGE 1104110 4211000 Office Supplies 3523489370 45 .24
00 00005250 12/08/2022 STAPLES BUSINESS ADVANTAGE 1104111 4211000 Office Supplies 3523489371 44.85
00 00005250 12/08/2022 STAPLES BUSINESS AD VANT AGE 1104430 4211000 Office Supplies -November 3523489361 225.11
00 00005250 12/08 /2022 STAPLES BUSINESS ADVANTAGE 4364650 4211000 Public art Supplies 3523489336 80.45
00 00005250 12/08/2022 STAPLES BUSINESS ADVA TAGE I 104159 4211000 Office Supplies 3523489393 182.38
00 00005250 12/08/2022 STAPLES BUSINESS ADVANTAGE 1104150 4211000 Office Supplies 3523489400 63.53
00 00005251 12/08 /2022 US BANK 1100000 1150100 CC7168-EXPEDIA CSMFO FLIGHT M. 4866914555529350 1.93
00 00005251 12/08 /2022 US BANK 1100000 1150100 CC7168-EXPEDIA CSMFO FLIGHT J . 4866914555529350 1.93
00 00005251 12/08 /2022 US BANK 1100000 1150100 CC7168-EXPED IA CSMFO FLIGHT M . 4866914555529350 142 .60
00 00005251 12/08/2022 USBANK 1100000 1150100 CC7168-EXPEDIA CSMFO FLIGHT J. 4866914555529350 142 .60
00 00005251 12/08/2022 US BANK I 100000 1150100 CC7168-EXPEDIA CSMFO FLIGHT M . 4866914555529350 112.60
00 00005251 12/08/2022 US BANK 1100000 1150100 CC7168-EXPEDIA CSMFO FLIGHT J. 4866914555529350 112 .60
00 00005251 12/08 /2022 US BANK 1100000 1430100 CC4081-ICSC E.CEJA I 0/27/25 4866914555529350 194 .44
00 00005251 12/08/2022 US BANK 1104110 4312500 CC5 I 57-TARGET COUNCIL MEETING 4866914555529350 171.65
00 00005251 12/08/2022 USBANK 1104114 4211000 CC5157-CANVAPRO SUBSCRJPTION 4866914555529350 119.99
00 00005251 12/08/2022 US BANK 1104130 4312500 CC2498-THAI BY BE Z EXEC LUNCH 4866914555529350 697.84
00 00005251 12/08/2022 US BANK 1104150 4362000 CC4081 -PUBLIC TREASURY INSTITU 4866914555529350 147.00
00 00005251 12/08/2022 US BANK 1104154 4219100 CC7 l 68-BLUECOSMO 4866914555529350 54 .54
00 00005251 12/08/2022 US BANK 1104154 4219100 CC7 t 68-BLUECOSMO 4866914555529350 54.54
00 00005251 12/08/2022 USBANK 1104154 4312500 CC2498-LUNCH SPOT POU LUNCH 11 4866914555529350 343.78
00 00005251 12/08 /2022 US BANK 1104154 4312500 CC2498-LUNCH SPOT POU LUNCH 11 4866914555529350 94.28
00 00005251 12/08/2022 US BANK 1104159 4312000 CC4081-CSMFO REG M.ARBAUGH 4866914555529350 470.00
00 00005251 12/08/2022 USBANK 1104159 4312000 CC408 1-CSMFO REG J .BOUNDS 4866914555529350 470.00
00 0000525 1 12/08/2022 USBANK 1104159 4363000 CC7 168-CSMFO DUES M.ARBAUGH 4866914555529350 50.00
Re port Date 12/08 /2 022 Page 2
City & Housing Item 1C-2
City of P alm Desert
Check Register
12/8/2022 -12/8/2022
Bank ID Ch eck N umber Check Date V endor a me A ccount umb er T ran s action Des c In voic e A mount Pa id
00 00005251 12/08 /2022 US BANK 1104190 4336000 CC7 I 68-MISK 4866914555529350 23.00
00 00005251 12/08 /2022 USBA K I 104190 4336000 CC7168-MISK 4866914555529350 25.00
00 00005251 12/08 /2022 US BANK 1104417 4309000 CC408 l-MAILCHIMP/MONTHL Y 4866914555529350 97 .99
00 00005251 12/08/2022 US BANK I 104430 4362000 CC4081-ICSC DUES E.CEJA 4866914555529350 55 .56
00 00005251 12/08 /2022 US BANK I 104470 4312500 CC5157-PANERA ARC LUNCH 10/25 4866914555529350 151.67
00 00005251 12/08 /2022 US BANK 1104470 4312500 CC5157-PA ERA ARC LUNCH 11 /8/2 4866914555529350 151.67
00 00005251 12/08/2022 US BANK I 104470 4312500 CC5157-PANERA ARC LUNCH I 1/22/ 4866914555529350 173 .11
00 00005251 12/08 /2022 US BANK 2304220 4404000 CC5157-FGCI EPOXY FS 0 33 TAB 4866914555529350 448.47
00 01531900 12/08 /2022 Advance Towing 1104210 4304200 Sheriff Towing 22-1101-875 100 .00
00 01531901 12/08 /2022 ALARM MONITORING SERVICES INC I 104340 4331000 ALARM SRVS -CITY HALL & HS 98787 283 .00
00 01531901 12/08 /2022 ALARM MO ITORING SERVICES INC 5104195 4369800 ALARM SRVS-HENDERSON 98790 376.75
00 01531902 12/08 /2022 AMERICAN FORENSIC NURSES I 104210 4390400 FY 22/23 Blood draws/DUI drug 76855 170 .16
00 01531902 12/08/2022 AMERICAN FORE SIC NURSES 1104210 4390400 FY 22/23 Blood draws/DUI drug 76854 267.40
00 01531902 12/08 /2022 AMERICAN FORE SIC NURSES 1104210 4390400 FY 22/23 Blood draws/DUI drug 76853 133 .70
00 01531903 12/08 /2022 AT&T I 104210 4304200 Sheriff LEA Tracking 440935 120 .00
00 01531904 12/08 /2022 B-OK LOCKSMITH 1104331 4334000 Keys & Transponder 10889 442.83
00 01531905 12/08/2022 BECK OIL INC 1104331 4217000 CITY FLEET GAS AND DIESEL 524523 4,490.79
00 01531906 12 /08 /2022 BRIAN K . STEMMER CONSTRUCTION 2304220 4331000 drywall repairs -FS 33 5577 1,200.00
00 01531907 12/08 /2022 CACEO I 104422 4312000 Webinar 3 .2.23 -L.Ritchey 200023303 36.00
00 01531907 12/08 /2022 CACEO 1104422 4312000 Webinar 2.7.2023 L.Ritchey 200023304 36.00
00 01531908 12/08 /2022 CALIFORNIA DESERT NURSERY INC 1104614 4337001 infills -LMA 9 San Pablo 86288 330.38
00 01531909 12/08 /2022 CALIFORNIA SOCIETY OF MUNICIPAL 1104150 4363000 Dues L. Urban 300010250 125.00
00 01531910 12/08/2022 CAMERON NURSERY LLC 1104614 4337001 infills -LMA 9 San Pablo 204989 246.32
00 01531911 12/08 /2022 CARTEGRAPH SYSTEMS LLC 1100000 1430100 CARTEGRAPHEXPIRES 11 /30/23 INV2158 18,913.35
00 01531911 12/08 /2022 CARTEGRAPH SYSTEMS LLC I 104190 4362001 CARTEGRAPH SUBSCRIPTION INV2158 26 ,478 .71
00 01531912 12/08 /2022 Castro, Sarah 1104154 4305600 Live Scan 110667 57.00
00 01531913 12/08/2022 CHARTER COMMUNICATIONS 1104190 4365000 Nov22-City Hall Internet 0345093111622 1,035.00
Report Date 12/08/2022 Page 3 City & Housing Item 1C-3
City of Palm Desert
Check Register
12/8/2022 -12/8/2022
Bank ID Check N umb er Ch eck D ate Vendor Na me Account Numb e r T ran sa ction Des c In voice A mount Paid
00 01531914 12/08 /2022 CHARTER COMMUNICATIONS 2424549 4365000 phone/internet -Aquatic Cente 05255041 11722 280.57
00 01531915 12/08 /2022 CHRIS WILSON PLUMBING HEATING & 2424549 4331101 plumbing srvcs -PDAC 21860886 175.00
00 01531915 12/08/2022 CHRIS WILSO PLUMBING HEATING & 2424549 4331101 plumbing srvcs -PDAC 22210070 302 .50
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. I 104310 4351000 26 Construction meter 306823768022NV22 153 .94
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. I 104310 4351000 68 Construction meter 306749767878NV22 126.90
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. I 104310 4351000 TOWN Ctr Way -Bus Shelter 307113813150NV22 25.88
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 1104330 4351000 I 052 CORPORATION YARD 315 I 77847704NV22 445.73
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 1104340 4351000 44911 Cabrillo Avenue 7 I 2257390932NV22 114.41
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 1104340 4351000 45656 Mountain View 788901403140NV22 15 .15
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 1104340 4351000 45653 Portola Ave 792875403 I 20NV22 15.37
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 1104611 4351000 1131 HOVLEY SOCCER PARK 3 I 5303847830NV22 3,187.50
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 110461 I 4351000 10049 FREEDOM PARK 315491848018NV22 14 ,474.39
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 110461 I 4351000 10364 HOVLEY SOCCER PARK 316695849222NV22 4,499.84
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. I 104614 4351000 74 735 Hovley Lane E -Soccer P I 27363385426NV22 112.24
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 I 051 ST MEDIANS "4" 315175847702NV22 3,193 .82
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 I 089 MEDIANS 315239847766NV22 2,603.30
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 1149 ST MEDIA S 1ORTH 58665 I 849912NV22 221.30
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 1150 WASHINGTON & 1-10 5876 I 58499 I 4NV22 381.86
00 01531916 12/08 /2022 COACHELLA VALLEY WATER D IST. 2304220 4351000 44400 Town Ctr -FS 33 163253444356OC22 520.29
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2304220 4351000 44400 Town Ctr -FS 33 163253444356NV22 457.15
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2304220 4351000 73200 Mesa View Dr FS 67 I 76281476314NV22 581.20
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2734680 4351000 D . I 088 Desert Mirage (Cook) 315237847764NV22 108 .88
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2734682 4351000 13 I 050 Primrose II 315173847700NV22 221.22
00 0 1531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754643 4351000 I I 050 Diamondback 315173847700NV22 50.92
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754680 4351000 18 I 050 Monterey Meadows 315173847700NV22 98.52
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754681 4351000 17 I 050 The Glen 3 I 5173847700NV22 56.23
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754682 4351000 2 I 050 Hovley Estates 315173847700NV22 28 .15
Report D ate 12/08/2022 Page 4
City & Housing Item 1C-4
City of Palm Desert
Check Register
12/8/2022 -12/8/2022
BankID Check umber Check Date Vendor Name Account umber Transaction Desc Invoice Amount Paid
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2754682 4351000 15 I 050 Hovley Estates 3 I 5173847700NV22 32 .83
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754683 4351000 22 I 050 Sonata I 31517384 7700NV22 112 .74
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754684 4351000 20 I 050 Sonata II 3 I 517384 7700NV22 137 .82
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754685 4351000 16 1050 Hovley Collection 315173847700NV22 45 .70
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2754685 4351000 21 I 050 Hovley Collection 315173847700NV22 28.15
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754686 4351000 5 I 050 La Paloma I 315173847700NV22 29.32
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2754686 4351000 19 I 050 La Paloma I 315 I 73847700NV22 31.66
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754687 4351000 6 I 050 La Paloma II 315l73847700NV22 64.49
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754693 4351000 3 I 050 La Paloma Ill 315173847700NV22 56 .31
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST . 2754694 4351000 7 I 050 Sandpiper 3 I 5173847700NV22 81.41
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754695 4351000 8 I 050 Sandpiper 315 I 73847700NV22 64.49
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2754696 4351000 4 1050 Hovley Court West 315 l 73847700NV22 38 .68
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2754697 4351000 14 I 050 Palm Court 315173847700NV22 40.14
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2794374 4351000 12 1050 Waring Court 3 l 5 J 73847700NV22 398 .12
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2804374 4351000 11 1050 Palm Gate 3l5l73847700NV22 35 .17
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2854374 4351000 C. 1088 Kaufman & Broad (Heath 3l5237847764NV22 73 .78
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2864374 4351000 IO 1050 Canyon Crest 3 I 5 I 73847700NV22 63.25
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2874374 4351000 H. 1088 College View Estates I 3 l 5237847764NV22 613.48
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2874680 4351000 F. I 088 The Boulders (Shepherd 3 I 5237847764NV22 271 .55
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2874681 4351000 B. 1088 Sundance W (Kokopclli) 315237847764NV22 85.68
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2874682 4351000 E. I 088 Petunia Place I (Petun 3 l 5237847764NV22 79 .70
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2874683 4351000 A . I 088 Sundance E. (Shepherd 315237847764NV22 841.71
00 01531916 12/08/2022 COACHELLA VALLEY WATER DIST. 2874684 4351000 G. 1088 College View Estates I 3 l 5237847764NV22 110 .19
00 01531916 12/08 /2022 COACHELLA VALLEY WATER DIST. 2994374 4351000 9 1050 PDCC 315173847700NV22 474.70
00 0153.1917 12/08/2022 COLOR CONNECTION, THE 1104614 4337001 ANNUALCOLOR-ELPASEO 33396 6 ,187 .01
00 01531917 12/08 /2022 COLOR CONNECTION , THE 1104614 4337001 ANNUALCOLOR-ELPASEO 33397 10 ,110 .18
00 01531918 12/08 /2022 CONSERVE LANDCARE INC 1104610 4332001 LANDSCAPE REHAB -CC PARK 134997 4,278 .57
Report D ate 12/08/2022 P age 5 City & Housing Item 1C-5
City of Palm Desert
Check Register
12/8/2022 -12/8/2022
Bank ID Check umber Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid
00 01531918 12/08/2022 CONSERVE LANDCARE INC 1104611 4332001 LANDSCAPE REHAB-PARKS 118895 19,475 .00
00 01531918 12/08 /2022 CONSERVELANDCARETNC I 10461 I 4332001 LANDSCAPE REHAB-PARKS 126673 2,000 .00
00 01531918 12/08/2022 CONSERVELANDCAREINC 1104611 4332001 LANDSCAPE REHAB -PARKS 137451 17 ,006.51
00 01531918 12/08 /2022 CONSERVELANDCAREINC 110461 I 4332001 LANDSCAPE REHAB -PARKS PYMT72843 -2,722.50
00 01531918 12/08/2022 CONSERVE LANDCARE INC 1104614 4337001 LANDSCAPE REHAB -MEDIANS 93994-B 375.00
00 01531918 12/08/2022 CONSERVE LANDCARE INC 1104614 4337001 LANDSCAPE REHAB -MEDIANS PYMT67489 -2 ,247 .05
00 01531918 12/08 /2022 CONSERVE LANDCARE INC 1104614 4337001 LANDSCAPE REHAB -MEDIANS PYMT69412 -369.72
00 01531919 12/08 /2022 CONSOLIDATED ELECTRICAL DIST. INC . I 104250 4219000 traffic supplies 5725-1059953 172.50
00 01531920 12/08/2022 CONTRERAS OLMOS, JORGE ALBERTO I 100000 3166500 80% REFUND FOR PVTG22-0002 PYTG22-0002 8.00
00 0 1531920 12/08/2022 CONTRERAS OLMOS, JORGE ALBERTO 1100000 3221100 80% REFUND FOR PVTG22-0002 PYTG22-0002 211.20
00 01531921 12/08/2022 CORNERSTONE REST AURA T SUPPLY & 1104330 4219000 Corp yard supplies 300429 283.74
00 01531922 12/08/2022 County of Riverside Sheri IT Department 1104210 4304000 FY 22/23 Law Enforcement Servi Sl-10000042071 3 ,357 .88
00 01531923 12/08 /2022 D&B VISIONS 2364195 4309000 Consulting services for the Ci 845 3,910 .0 0
00 0153 I 924 12/08/2022 DESERT AIR CONDITIONING INC. 2304220 4331000 HY AC REPAIRS -FIRE ST A TIO NS 231641 272.00
00 01531924 12/08/2022 DESERT ATR CONDITIONING INC. 2304220 4331000 HY AC REPAIRS -FrRE ST A TIONS 231639 495 .00
00 01531924 12/08/2022 DESERT ArR CONDITIONING INC. 2304220 4331000 I-IV AC REPAIRS -FrRE ST A TIONS 231615 286.00
00 01531924 12/08 /2022 DESERT ATR CONDITIONING I C . 2304220 4331000 HY AC REPAIRS -FIRE ST A TIO NS 232218 2,329 .00
00 01531924 12/08/2022 DESERT AIR CONDITION ING INC. 2304220 4331000 HY AC REPAIRS - FIRE ST A TIONS 232722 198.00
00 01531925 12/08/2022 DESERT FIRE EXTINGUISHER 1104330 4331000 FIRE EXT! GU ISHER -CRPYRD 12465425 396.38
00 01531925 12/08 /2022 DESERT FIRE EXTINGUISHER 11 04340 4331000 FIRE EXTINGUTSHER -CITY HALL 12465425 883 .11
00 01531925 12/08 /2022 DESERT FTRE EXTINGU ISHER 2304220 4331000 FIRE EXTINGUISHER -FIRE STA T l 12465425 438 .61
00 01531926 12/08 /2022 DESERT PIPE & SUPPLY 1104611 4332501 faucet parts -Freed om Dog Prk 16575860 20.11
00 01531926 12/08/2022 DESERT PIPE & SUPPLY I 104611 4332501 faucet parts -Freedom Dog Prk 16573330 862.52
00 01531927 12/08 /2022 DESERT SANDS UNIFIED SCHOOL DISTRICTI l 04611 4332501 CATERING OUTREACH AT PALMA VIL 02-2022 3,000.00
00 01531927 12/08/2022 DESERT SANDS UNIFTED SCHOOL DISTRICTI 104416 4306101 Snacks for Veterans Day 09-2023 120 .00
00 01531928 12/08 /2022 DESERT TREE SPRAYING I 104610 4332001 RODENT CONTROL - C IVI C CENTER 1293 250 .00
00 0 1531928 12/08/2022 DESERT TREE SPRAYING 110461 I 4332001 RODENT CO TROL-PARKS 1293 215 .00
Report Date 12/08/2 022 Page 6 City & Housing Item 1C-6
City of Palm Desert
Check Register
12 /8/2022 -12/8/2022
Bank ID Check Number Check Date Vendor ame Account umber Transaction Desc Invoice Amount Paid
00 01531928 12/08 /2022 DESERT TREE SPRAYING I 104611 4391000 RODENT CONTROL -COMM GARDENS 1293 60 .00
00 01531928 12/08/2022 DESERT TREE SPRAYING 1104614 4392101 RODE T CONTROL -ENTRADA DELP 1293 110 .00
00 01531928 12/08/2022 DESERT TREE SPRAYING 2854374 4332100 RODENT CONTROL -KAUFMAN & BRO 1293 60 .00
00 01531928 12/08/2022 DESERT TREE SPRAYING 1104614 4337001 flowers disease contro l -LMA 1347 260.00
00 01531929 12/08/2022 ENGINEERING RESOURCES 4204370 5000454 PROFESSIONAL ENGi EERl GANDD 58405 I 9,219.45
00 01531930 12/08/2022 FIRSTCHOICE COFFEE SERVICE 1104340 4219000 SUPPLY AS NEEDED VARIO US 716922 120.00
00 01531931 12/08 /2022 FORTNET SECURITY INC 1100000 1430100 DMARC EXP 11 /8/23 INV-3 624 3,855.40
00 01531931 12/08/2022 FORTNET SECURITY INC 1104190 4362001 DMARC Analyzer/Cybergraph INV-3624 7,710 .80
00 01531932 12/08/2022 FOSTER GARDNER INC. 1104614 4337001 FERTILIZER-EL PASEO 262662 426.85
00 01531933 12/08 /2022 FREEVOL T USA INC 1100000 3221100 80% REFUND FOR SOLR22-l 127 SOLR22-l 127 211.20
00 01531934 12/08/2022 GENERAL AIR CONDITIO ING & HEATING 1100000 3221100 80% REFUND FOR HVRC22-0821 HVRC22-0821 108 .12
00 01531935 12/08 /2022 GOVERNMENT FINANCE OFFICERS 1104150 4312000 Treasury Mgt Best Prac l /9/23 3074950 400 .50
00 01531936 12/08/2022 HAMMER PLUMBING AND PUMPING INC . 1104611 4331000 CAHUILLA HILLS PARK RESTROOM T 22115-1 380 .00
00 01531936 12/08 /2022 HAMMER PLUMBING AND PUMPING INC . 110461 I 4331000 CAHUlLLA HILLS PARK RESTROOM T 22118-1 380.00
00 01531936 12/08/2022 HAMMER PLUMBING AND PUMPING INC . 1104611 4331000 CAHUlLLA HILLS PARK RESTROOM T 22119-1 380.00
00 01531936 12/08/2022 HAMMER PLUMBING AND PUMPING INC . 1104611 4331000 CAHUILLA HILLS PARK RESTROOM T 22120-1 380.00
00 01531937 12/08 /2022 HARNIK, JAN C. 1104110 4311500 Hamik Mileage7/13/21 -10/29/21 7 /13 /21-10/29/21 51.41
00 01531937 12/08 /2022 HARNIK, JAN C. 1104110 4311500 Hamik Mileage I 1/3/2 1-12/14/21 11/3 /21-12 /1 4/21 76.66
00 01531937 12/08 /2022 HARNIK, JAN C . 1104110 4311500 Hamik Milcagctn/22-3/9/2 2 l /7/22-3 /9/22 38.08
00 01531937 12/08/2022 HARNIK, JAN C. 1104110 4311500 Hamik Mileage 3/20/22-5/31 /22 3/20/22-5/31 /22 79.27
00 01531937 12/08 /2022 HARNIK, JAN C. 1104110 4311500 Hamik Mileage 8/3/22-9/30/22 8/3/22-9/30/22 28 .13
00 01531937 12/08 /2022 HARNlK, JAN C. 1104110 4311500 Hamik Mileage!0/1/22-11/18/22 10/1/22-l l /1 8/22 66 .50
,
00 01531938 12/08 /2022 HOS WHITE CAP CONSTRUCTION SUPPLY 1104310 4332000 SUPPLIES AS NEEDED FOR 50020097601 281.93
00 01531939 12/08/2022 HIGH TECH IRRIGATION INC. 1104611 4332001 fertilizer -LMA 16 University 736569 233.42
00 01531939 12/08 /2022 HIGH TECH IRRIGATION INC . 110461 I 4391000 irrigation supplies -Comm Gar 735778 510 .20
00 01531939 12/08/2022 HIGH TECH IRRIGATION INC. I 104614 4337001 fertilizer -LMA 9 734717 109.50
00 01531939 12/08/2022 HIGH TECH IRRIGATION INC. 1104614 4337001 seed cover & fertilizer -LMA 735846 318.10
Report Date 12/08 /2 022 Page 7
City & Housing Item 1C-7
City o f P a lm Desert
Check Register
12/8/2022 -12 /8/2 022
Bank ID Check N umber Ch eck D ate Ve ndor N ame A ccoun t N umber T ran sa ction Des c In voic e A mount Paid
00 01531940 12/08 /2022 HISTORJCAL SOCIETY OF PALM DESERT 1104417 4312500 Hist Society Lunch T.SOUL 11 /30/2022 50.00
00 01531940 12/08/2022 HISTORJCAL SOCIETY OF PALM D ESE RT 1104800 4388600 Hamik Luncheon 12/7/2022 50 .00
00 01531941 12/08/2022 HOLT ARCHITECTS INC 2304220 4400100 PROVIDE ARCHITECTURAL SERVICES 22-08-010 3,600 .00
00 01531942 12/08 /2022 HORIZON LIGHTING INC. 1104330 4331000 ELECT SRVS -CORPORATION YARD 291689 730.21
00 01531942 12/08/2022 HORIZON LIGHTING INC. 1104330 4331000 ELECT SRVS -CORPORATION YARD 292933 507 .04
00 01531942 12/08/2022 HORIZON LIGHTING INC. 1104330 4331000 ELECT SRVS -CORPORATION YARD 292997 1,388.44
00 01531942 12/08/2022 HORIZON LIGHTING INC . 1104330 4331000 ELECT SRVS -CORPORATION YARD 294153 9,532 .99
00 01531942 12/08 /2022 HORIZON LIGHTING 1 C. 1104340 4331000 ELECT SR VS -CITY HALL 291281 3,559.57
00 01531942 12/08/2022 HORIZON LIGHTING INC . 1104340 4331000 ELECT SRVS -CITY HALL 292241 1,756.78
00 01531942 12/08 /2022 HORIZON LIGHTING IN C. 1104340 4331000 ELECT SRVS -CITY HALL 292243 2,273.94
00 01531942 12/08/2022 HORIZON LIGHTING 1 C. 2304220 4331000 ELECT/LIG HTING -FIRE STATIONS 290498 1,275 .21
00 01531942 12/08 /2022 HORIZON LIGHTING IN C. 2304220 4331000 ELECT/LIGHT ING -FIRE STATIONS 293799 486.75
00 01531943 12/08/2022 HORIZON PROFESSIONAL LANDSCAPE 1104614 4337001 OCT22 LMA 6 -OW LOWER PARKING 6406 1,025.00
00 01531943 12/08/2022 HORIZON PROFESSIO AL LA DSCAPE 2734680 4332000 LMA 7 DESERT MIRAGE 6400 515.00
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2734682 4332000 LMA 7 PRIMEROSE II 6400 310.00
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754643 4332000 LMA 7 DIAMONDBACK 6400 105.00
00 01531943 12/08/2022 HORIZON PROF ESS IO AL LANDSCAPE 2754680 4332000 LMA MONTEREY MEADOWS 6400 130.00
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754681 4332000 LMA 7 THE GLEN 6400 270 .00
Od 01531943 12/08 /2022 HORIZON PROFESSIONAL LA DSCAPE 2754682 4332000 LMA 7 HOVLEY EST A TES 6400 140 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LANDSCAPE 2754683 4332000 LMA 7 SONATA I 6400 335.00
00 01531943 12/08 /2022 HORJZON PROF ESS IONAL LANDSCAPE 2754684 4332000 LMA 7 SONATA II 6400 465 .00
00 01531943 12/08/2022 HORIZON PROFESSIO AL LANDSCAPE 2754685 4332000 LMA 7 HOVLEY COLLECTION 6400 365 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LANDSCAPE 2754686 4332000 LMA 7 LA PALOMA I 6400 150 .00
00 0 1531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754687 4332000 LMA 7 LA PALOMA II 6400 150.00
00 01531943 12/08/2022 HORIZON PROFESSIO AL LANDSCAPE 2754693 4332000 LMA 7 LA PALOMA Ill 6400 130.00
00 01531943 12/08 /2022 HORJZON PROFESSIONAL LANDSCAPE 2754694 4332000 LMA 7 SANPIP ER COURT 6400 155 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LANDSCAPE 2754695 4332000 LMA 7 SANPIPER COURT WEST 6400 160.00
Re port Date 12/08/2022 Page 8
City & Housing Item 1C-8
C ity of Palm Desert
Check Register
12/8/2022 -12/8 /2022
Bank ID Check N umb e r Check Date Vendor am e A ccount N umber T ran s action Desc In voice A moun t Pa id
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAP E 2754696 4332000 LMA 7 HOVLEY COURT WEST 6400 235 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LA DSCAPE 2754697 4332000 LMA 7 PALM COURT 6400 I05 .00
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2784374 4332000 LMA 7VINEYARDS 6400 210 .00
00 0 1531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2794374 4332000 LMA 7 WARING COURT 6400 200 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LA DSCAPE 2804374 4332000 LMA 7 PALM GATE 6400 125.00
00 01531943 12/08/2022 HORIZON PROFESSIO AL LANDSCAPE 28 14374 4332000 LMA 7 THE GROVE 6400 475 .00
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332000 LMA 7 PRESID EN TS PLAZA 111 6400 475 .00
00 01531943 12/08/2022 HORIZO PROFESSIO AL LA DSCAPE 2834374 4332000 LMA 7 PORTOLA PLACE 6400 200 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LANDSCAPE 2854374 4332000 LMA 7 KAUFMAN & BROAD 6400 930.00
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2864374 4332000 LMA 7 CANYON CREST 6400 270 .00
00 01531943 12/08/2022 HORIZON PROF ES SIONAL LANDSCAP E 2874374 4332000 LMA 7 COLLEGE VIEW ESTATES 11 6400 300 .00
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874680 4332000 LMA 7 THE BOULDERS 6400 475 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LANDSCAPE 2874681 4332000 LMA 7 SUNDANCE WEST 6400 265 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LA DSCAPE 2874682 4332000 LMA 7 PETUNIA I 6400 310.00
00 0 1531943 12/08 /2022 HO RIZON PROFESSIO AL LANDSCAPE 2874683 4332000 LMA 7 SUNDANCE EAST 6400 145 .00
00 01531943 12/08/2022 HORIZON PROFESSIO ALLA DSCAP E 2874684 4332000 LMA 7 COLLEGE VIEW EST A TES I 6400 270 .00
00 01531943 12/08/2022 HORIZON PROF ESSIO AL LANDSCAPE 2994374 4332000 LMA 7 PALM DESERT CC 6400 500 .00
00 01531943 12/08 /2022 HORIZON PROF ESSIONAL LANDSCAPE 44 14195 4332000 EXTRAS -DESERT WILLOW PERIMET 6438 1,3 20 .00
00 01 53 1943 12/08 /2022 HORIZON PROF ES SIONAL LANDSCAP E 4414 195 4332000 EXTRAS -DES ERT WILLOW PERIMET 6439 620 .00
00 01531943 12/08/2022 HORIZON PROF ESSIONAL LANDSCAPE 4414195 4332000 OCT22 LMA 6-DESERT WILLOW 6406 7,870.00
00 0 1531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754683 4332100 clean up -LMA 7 Sonata I 6414 240 .00
00 01531943 12/08 /2022 HORIZON PROF ESSIO AL LANDSCAPE 2754686 4332100 tree removal -LMA 7 La Paloma 6440 530 .00
00 01531943 12/08/2022 HORIZON PROFESSIONAL LANDSCAPE 2754686 4332100 infill -LMA 7 La Paloma 6441 450.00
00 0 1531943 12 /08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2814374 4332100 infill -LMA 7 The Grove 6437 156 .2 2
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2824373 4332100 irrigation repairs -LMA 7 Pre 6436 135.00
00 01531943 12/08 /2022 HORIZON PROFESSIONAL LANDSCAPE 2854374 4332100 irrigation repairs -LMA 7 K&B 6413 42 .94
00 0 1531944 12/08 /2022 HR GREEN PAC IFIC INC 1104420 4309000 SEP22 DPTY BLONG OFF ICIAL 157741 35,694.60
Report D ate 12/0 8/2022 Page 9 City & Housing Item 1C-9
City of Palm Desert
Check Register
12/8/2022 -12 /8/2022
Bank ID Check N umber Check Date Vendor Na me Account N umber Transaction Desc Invoice Amount Paid
00 01531944 12/08/2022 HR GREEN PACIFIC INC 1104420 4309000 DPTY BLONG OFFICIAL 155835 I 06 ,152.22
00 01531945 12/08 /2022 IMAGE SOURCE I 104190 4342000 Usage and supplies -New 60 mo 25ARl537891 148.60
00 01531946 12/08/2022 IMPERIAL IRR1GA TION DISTRICT 1 !04250 4351400 S/W COR CC WSH 50 l 55642-NV22 76 .99
00 01531946 12/08/2022 IMPERIAL lRRlGATlON DISTRICT 1 !04250 4351400 S/W COR CC WSH 50155645-NV22 65.49
00 01531946 12/08/2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 40996 WASH ST TRF SIGNAL 50524526-NV22 99.91
00 01531947 12/08/2022 JTB SUPPLY COMPANY INC . 1104250 4219000 traffic supplies 111200 624.95
00 01531948 12/08 /2022 JUNK EXPRESS, THE I 104422 4305500 Abatement Case #22-2123 210242 685.00
00 01531949 12/08 /2022 KOA CORPORATION 2314670 5000202 PRFSNL DESIGN SVC CV LIN PNTRS JC02065-28 16,231.58
00 01531949 12/08/2022 KOA CORPORATION 23 14670 5000202 PRFSNL DESIGN SVC CV LIN PNTRS JC02065 -27 50 ,511.88
00 01531949 12/08 /2022 KOA CORPORATION 2134327 5000903 AMENDMENT NO . 2 FOR ENGINEERIN JC22036-9 4 ,240 .00
00 01531950 12/08/2022 LOCK SHOP INC . I 104611 4332501 lock maint -University Prk A\34737 165 .00
00 01531950 12/08 /2022 LOCK SHOP INC . 2774373 4332100 trash can padlock LMA 7 PP BB00553617 115 .94
00 01531950 12/08 /2022 LOCK SHOP INC. 2774373 4332100 trash can padlock LMA 7 PP BB00553643 137.45
00 01531951 12/08/2022 LOWE'S HOME CENTERS IN C . 1104310 4332000 Street Maint supp lie s 902363-110222 433 .98
00 01531951 12/08/2022 LOWE'S HOME CENTERS INC . 1104310 4332000 Street Maint supplies 923901-112822 154 .54
00 01531951 12/08 /2022 LOWE'S HOME CENTERS INC. 1104310 4391502 Graffiti supplies 901172-111822 233.85
00 01531951 12/08/2022 LOWE'S HOME CE TERS INC. I 104 614 4219000 tie down straps -LMA I Truck 902891-110422 43.91
00 01531951 12/08 /2022 LOWE'S HOME CENTERS INC. 2304220 4404000 gas dryer -FS 33 934167-111 822 1,195 .59
00 01531952 12/08 /2022 M & M SWEEPING INC. 1104310 4332000 NOV22 SWEEPING -CORPY AR 64493 339.16
00 01531952 12/08 /2022 M & M SWEEPING INC. 1104310 4332000 NOV22 COMMERCIAURESID ENTIAL 64371 14 ,374.26
00 01531952 12/08/2022 M & M SWEEPING INC. 1104610 4332100 NOV22 SWEEPING-CC PARK 64493 763 .33
00 01531952 12/08 /2022 M & M SWEEPING INC . 110461 I 4332501 NOV22 SWEEPING-PARKS 64493 602 .92
00 01531952 12/08 /2022 M & M SWEEPING INC. 1104614 4392101 NOV22 SWEEPING -ENTRADA 64493 246 .67
00 01531952 12/08 /2022 M & M SWEEPING INC. 2424549 4331100 NOV22 SWEEPING -AQUA TIC 64493 139.17
00 01531952 12/08 /2022 M & M SWEEPING INC . 2774373 4309103 NOV22 SWEEPING -PRESIDE 64493 592 .50
00 01531952 12/08 /2022 M & M SWEEPING INC . 2824373 4309103 NOV22 SWEEPING -PRESIDE 64493 458.33
00 01531952 12/08 /2022 M & M SWEEPING INC . 5 104195 4369601 NOV22 SWEEPING-PARKVIE 64493 187 .92
Report Date 12/08 /2022 Page 10
i:y& ousin Item 1C-10
City of Palm De sert
Check Register
12/8/2022 -12 /8/2022
Bank ID Check umber Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid
00 01531953 12/08/2022 MARIPOSA LANDSCAPES INC 1104614 4337001 OCT22 LMA 9-EL PASEO /BAJA PARK 99834 18,016.16
00 01531953 12/08/2022 MARIPOSA LANDSCAPES INC 1104614 4392101 OCT22LMA 9-ENTRADA DEL PASEO 99834 5,284.00
00 01531954 12/08/2022 MCI A VERIZON COMPANY 1104344 4365000 PPC Phone Srv 409081925 68.07
00 01531955 12/08/2022 MERCHANTS BUILDING MAINTE ANCE LL<i:104195 4369601 janitorial supplies -Parkview 706447 576 .05
00 01531955 12/08/2022 MERCHANTS BUILDING MAINTENANCE LL6:104195 4369601 janitorial services -Parkview 703553 1,500.00
00 01531955 12/08/2022 MERCHANTS BUILDING MAINTE ANCE LL0::104330 4331000 NOV22 JANTRL-CORPORA TIO YARD 702485 2,667 .98
00 01531955 12/08/2022 MERCHANTS BUILDING MA INTENANCE LL0::104340 4332600 NOV22 JANTRL-CITY HALL 702485 8 ,569.46
00 01531955 12/08/2022 MERCHANTS BUILD! G MAINTENANCE LL0::104340 4332600 JANITORIAL EXTRA SRVS 703552 280 .00
00 01531955 12/08 /2022 MERCHANTS BUILDING MAINTENANCE LL0::104340 4332600 JANITORIAL EXTRA SRVS 706467 300.00
00 01531955 12/08/2022 MERCHANTS BUILDING MAINTENANCE LL0::104344 4331000 NOV22 JANTRL-PORTOLA CC 702485 1,347 .88
00 01531955 12/08/2022 MERCHANTS BUILDING MAINTE ANCE LU'l:254430 4395000 NOV22 JANTRL-iHUB 702485 2,028 .71
00 01531955 12/08 /2022 MERCHANTS BUILDING MAINTE ANCE LL6:I04 I 95 4369500 NOV22 JANTRL-SHERIFF SUBSTA TIO 702485 6,572 .34
00 01531955 12/08/2022 MERCHANTS BUILDING MAINTENANCE LL<i:104195 4369601 NOV22 JANTRL PARKVIEW OFFICE B 702485 7,943 .77
00 01531955 12/08 /2022 MERCHANTS BUILDING MAINTENANCE LL6:104195 4369602 NOV22 JANTRL-STATE BLDG 702485 5,984 .70
00 01531955 12/08/2022 MERCHANTS BUILDING MAINTENANCE LL6:104195 4369800 NOV22 JANTRL-HENDERSON BLDG 702485 988 .10
00 01531956 12/08 /2022 MOBILEMINl 1104159 4391902 Preventative Maintenace 9015916588 797 .35
00 01531957 12/08 /2022 MOTOWORX GARAGE 1104210 4304200 Sheriff Car Maintenance MWG2175 1,634 .08
00 01531958 12/08 /2022 NV5 INC 4004256 4400100 UNDERGROUNDING SUPPORT SERVICE 300437 240 .00
00 01531959 12/08 /2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti supplies 2211 -183801 27.58
00 01531959 12/08/2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti supplies 2211-184432 26.55
00 01531959 12/08 /2022 PAINTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti supplies 2211-184509 305 .44
00 01531960 12/08/2022 PALM DESERT ACE HARDWARE 1104340 4219000 building supplies -City Hall 238770 41.22
00 01531961 12/08/2022 PALMER ELECTRIC 1104611 4332501 ELECT REPAIRS -PARKS 3969 679.41
00 01531961 12/08 /2022 PALMER ELECTRIC 1104614 4332501 ELECT REPAIRS -MEDIANS 3942 763 .00
00 01531961 12/08/2022 PALMER ELECTRIC 1104614 4332501 ELECT REPAIRS-MEDIANS 3950 109 .00
00 01531961 12/08 /2022 PALMER ELECTRIC 1104614 4332501 ELECT REPAIRS-MED IANS 3967 109.00
00 01531961 12/08/2022 PALMER ELECTRIC 1104614 4332501 ELECT REPAIRS -MEDIA S 3971 350.98
Report Date 12/08/2022 Page 11
Ciiy & Housing Item 1C-11
City of Palm D esert
Check Register
12/8/2022 -12/8 /2022
Bank ID Check umber Check Date Ve ndor N am e A ccount umb e r T ran saction Desc In voice A mount Paid
00 01531961 12/08/2022 PALMER ELECTRJC 1104614 4332501 ELECT REPAIRS-MEDIANS 3972 109.00
00 01531961 12/08 /2022 PALMER ELECTRIC 4414195 4332000 ELECT REPAIRS -DESERT WILLOW 4003 1,149.53
00 01531962 12/08/2022 PETRA GEOSCIENCE Inc 4514419 4400100 Design -Phase Geotechnical 114723 4,270 .00
00 0 153 1963 12/08 /2022 PREST VUKSIC ARCHITECTS 4514419 4400100 Discover PD architecture 24283 22,500 .00
00 01531964 12/08 /2022 PROFORMA SOCAL I 104154 4219000 Name Badges BH49003179A 74.50
00 01531965 12/08/2022 QUADIENT LEASING USA INC 1104159 4342000 12.20.22-03.19.23 Mail Machine N9679032 1,173 .36
00 0 1531966 12/08/2022 SAME DAY EXPRESS 4364650 4337200 Maintenance public & city art 120122 4 ,600.00
00 01531966 12/08 /2022 SAME DAY EXPRESS 4364650 4400200 Replace 21 /22 El Paseo Sculptu 113022 3,412.50
00 01531967 12/08 /2022 SIMPLOT PARTNERS 1104614 4337001 mix soil -LMA 9 San Pablo 208139231 114.00
00 01531968 12/08 /2022 SO CAL GAS 1104340 4351200 45653 Portola Avenue Apt. I I 82225 I 2750-NV22 4.93
00 01531968 12/08/2022 SO CAL GAS 1104340 4351200 45653 Portola Avenue Apt. 2 I 84325 I 2590-NV22 11.17
00 01531968 12/08 /2022 SO CAL GAS 1104340 4351200 45656 Mo unta in View Ave I 3802772650-NV22 4.93
00 01531968 12/08/2022 SO CAL GAS 1104344 4351200 45480 Portola Avenue J 6752512422-NV22 29.19
00 01531968 12/08 /2022 SO CAL GAS 2304220 4351200 44400 Town Ctr Wy -FS #33 06242756002-NV22 190 .53
00 01531968 12/08/2022 SO CAL GAS 2304220 4351200 73995 Cou ntry Club Dr -FS#7 I I 3562662000-NV22 100 .82
00 01531968 12/08/2022 SO CAL GAS 2304220 4351200 73200 Mesa View Dr. -FS #67 05412483009-NV22 97 .16
00 01531968 12/08 /2022 SO CAL GAS 2424549 4351200 73751 Magnesia Falls -POOL 13149517933-NV22 14,999.62
00 01531968 12/08 /2022 SO CAL GAS 5104195 4369800 72559 Hwy I I I-Henderson 08946430827-NV22 14 .79
00 01531969 12/08 /2022 SOUTHERN CALIFORN IA ED ISON 1104340 4351400 73510 FW City Hall 700 I I 600861 OOC22 I 0,513.40
00 01531969 12/08 /2022 SOUTHERN CALIFORN IA EDISON 1104340 4351400 44911 Cabrillo Avenue 7004 7 I 50906 I NV22 89.42
00 0 1531969 12/08 /2022 SOUTHERN CALIFORNIA EDISON I 10461 I 4351400 735 IO FW PARKS AL-2 700383536327NV22 4,557 .23
00 01531969 12/08/2022 SOUTHERN CALIFORNIA EDISON 110461 I 4351400 73510 FW PARKS 7005308 I 1124NV22 1,586.75
00 01531969 12/08 /2022 SOUTHERN CALIFORNIA EDISON 2304220 4351400 FIRESTATION 33, 67 , & 71 700028290904NV22 3,868 .13
00 0 1531969 12/08 /2022 SOUTHERN CALIFORNIA EDI SON 5104195 4369800 72559 Hwy 111 Unit A 700044643888NV22 891.74
00 01531970 12/08/2022 ST. FRANCIS ELECTRIC LLC 1104250 4332500 TRFFC SGNL PREVENT/MAINT/EMERG 20016836 2,475.00
00 01531970 12/08 /2022 ST. FRANCIS ELECTRIC LLC I 104250 4332500 TRFFC SGNL PREVENT/MAINT/EMERG 200 16837 334.00
00 0 1531970 12/08 /2022 ST. FRANCIS ELECTRIC LLC 1104250 4332500 TRFFC SGNL PREVENT/MA I T/EMERG 20016838 3,500.00
Re port Date 12/0 8/2 022 Page 12
City & Housing Item 1C-12
City o f P a lm D esert
Check Register
12/8/2022 -12/8 /2022
Ban k ID Chec k N umb e r Ch eck D ate Ve ndor Na me A ccoun t N umb er T ran s action Desc In voice A moun t Paid
00 01531971 12/08/2022 STATEWIDE TRAFFIC SAFETY & SIGNS I 104310 4332000 ADD ADDITIONAL FUNDING FOR VAR 13009899 2,014.50
00 01531971 12/08 /2022 STATEWIDE TRAFFIC SAFETY & SIGNS 1104310 4332000 ADD ADDITIONAL FUNDING FOR VAR 13009919 603.40
00 01531972 12/08/2022 SUNLINE TRANSIT AGENCY 1104310 4332000 NOV 22MAINT OF ACTIVE AND INAC INV06450 6,413.76
00 01531973 12/08/2022 SUPERJOR READY MIX CONCRETE 1104310 4332000 DELIVER CONCRETE MIX AS NEEDED 316512 617 .37
00 01531973 12/08/2022 SUPERIOR READY MIX CONCRETE 1104310 4332000 DELIVER CO CRETE MIX AS EEDED 317585 849.08
00 01531974 12/08/2022 T-MOBILE USA INC 1104331 4334000 NOV 22 LEASED VEHICLE GPS 978220384NV22 1,447 .80
00 01531975 12/08 /2022 TOPS N BARRICADES INC. 1104310 4332000 SUPPLY AS NEEDED FOR VARIOUS S 1097187 994 .57
00 01531975 12/08/2022 TOPS BARRICADES INC . 1104310 4332000 SUPPLY AS NEEDED FOR VARJOUS S 1097188 261.00
00 01531975 12/08/2022 TOPS N BARRICADES INC. 11043 IO 4332000 SUPPLY AS NEEDED FOR VARIOUS S 1097219 157.80
00 01531976 12/08/2022 TPX COMMUNICATIONS 1104190 4365000 NOV22 Internet/Phone Services I 64096286-0 5,351.65
00 01531977 12/08/2022 UNI FIRST CORPORA TIO 1104310 4214000 INDUSTRJAL UNlFORM RENT AL AND 3251861885 189 .73
00 01531977 12/08 /2022 UNIFlRST CORPORATION 1104310 4214000 INDUSTRIAL UNIFORM RENT AL AND 3251864430 205.59
00 01531977 12/08 /2022 UNlFIRST CORPORATION 1104310 4214000 INDUSTRJAL UNIFORM RENTAL AND 3251867038 181 .79
00 01531977 12/08/2022 UNI FIRST CORPORATION 1104310 4214000 INDUSTRJAL UNIFORM RENTAL AND 3251872201 164.43
00 01531978 12/08/2022 UNITED RENTALS 1104416 4306101 Forklift Credit Memo 212405460-002 -1 ,461.09
00 01531978 12/08 /2022 UNITED RENTALS 1104416 4306101 Golf Cart Parade -Forklift re 212405460-00 I 2,825 .28
00 01531979 12/08/2022 VERJZON WIRELESS 1104110 4365000 NOV22 City Council Phone 9921278730 122.45
00 01531979 12/08 /2022 VERJZON WIRELESS 1104111 4365000 NOV22 City Clerk Phones 9921278730 51.30
00 01531979 12/08 /2022 VERIZON WIRELESS 1104130 4365000 NOV22 City Manager Cells 9921278730 263 .73
00 01531979 12/08/2022 VERJZON WIRELESS 1104150 4365000 NOV22 Finance Cell 9921278730 50 .63
00 01531979 12/08 /2022 VERJZON WIRELESS I 104154 4365000 NOV22 Human Resources Cell 9921278730 102 .60
00 01531979 12/08/2022 VERJZON WIRELESS 1104190 4365000 NOV22 IT Cells 9921278730 65 .00
00 01531979 12/08/2022 VERJZON WIRELESS I 10421 I 4306001 NOV22 COPS Cell Phones 9921278730 148 .87
00 01531979 12/08 /2022 VERIZON WIRELESS 1104300 4365000 NOV22 Public Works Cell 9921278730 1,892 .62
00 01531979 12/08/2022 VERIZON WIRELESS 1104420 4365000 NOV22 B&S Cell 9921278730 368.77
00 01531979 12/08 /2022 VERJZON WIRELESS I 104421 4365000 NOV22 Permit Center Cell 9921278730 102 .60
00 01531979 12/08 /2022 VERJZON WIRELESS 1104422 4365000 NOV22 Code Cell 9921278730 338.23
Report Date 12/08/2022 Page 13
iiy& • ous1ng Item 1C-13
City of Palm De sert
Check Register
12/8/2022 -12/8 /2022
Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid
00 01531979 12/08/2022 VERIZON WIRELESS 1104430 4365000 NOV22 Economic Dev Cell 9921278730 153.90
00 01531979 12/08 /2022 VERIZON WIRELESS I 104470 4365000 NOV22 Planning Cell 9921278730 195.28
00 01531980 12/08 /2022 VERlZO WIRELESS 1104210 4304200 Sheriff Location Fees 902230691 I 55 .00
00 01531981 12/08 /2022 VINTAGE ASSOCIATES 110461 I 4332001 OCT 22 LMA 16-PARKS 226322 25 ,342 .00
00 01531981 12/08 /2022 VfNTAGE ASSOCIATES 110461 I 4332501 OCT22LMAl6-PARKS 226322 1,100.00
00 01531981 12/08/2022 VINTAGE ASSOCIATES 2764374 4332000 OCT 22LMA 16 -SP COMM GARDENS 226322 812.00
00 01531981 12/08 /2022 VfNTAGE ASSOCIATES 2764374 4332000 OCT 22 LMA 16 -HAYSTACK DR 226322 1,824.00
00 01531982 12/08 /2022 WATERLI E TECHNOLOGIES I C 2424549 4211100 CHEMICAL ACQUlSITIO SERVICES 5611210 480.57
00 01531982 12/08 /2022 WATERLfNE TECHNOLOGIES I C 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5611801 1,445 .31
00 01531982 12/08 /2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITIO SERVICES 5612170 1,540 .83
00 01531982 12/08 /2022 WATERLI E TECHNOLOGIES I C 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5612230 153.35
00 01531982 12/08 /2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5612353 480 .57
00 01531982 12/08 /2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5612826 721.67
00 01531983 12/08/2022 WEST COAST ARBORISTS rNC I 104610 4332001 HARDWOOD PRUNfNG -CC PARK 190615 16 ,204.40
00 01531983 12/08 /2022 WEST COAST ARBORISTS rNC I 104610 4332001 HARDWOOD PRUNING-CC PARK 192046 1,191.50
00 01531983 12/08 /2022 WEST COAST ARBORISTS rNC 1104611 4332001 HARDWOOD PRUNING -PARKS 192046 13 ,225.65
00 01531983 12/08/2022 WEST COAST ARBORISTS rNC 1104614 4337001 HARDWOOD PRUNrNG -MEDIANS 192370 11 ,200.10
00 01531983 12/08 /2022 WEST COAST ARBORISTS INC 1104614 4337001 HARDWOOD PRUNING -MEDIANS 192046 22 ,638.50
00 01531983 12/08 /2022 WEST COAST ARBORISTS INC 1104614 4392101 HARDWOOD PRUNING -ENTRADA 192370 2,62 1.30
00 01531984 12/08/2022 WESTERN PUMP fNC 1104331 4334000 VEHICLE COMPLIANCE TESTING AND W47977 700 .00
00 01531985 12/08 /2022 WINGED SOLUTIONS INC 1104610 4332001 OCT22CIVIC CENTER PARK LAGOON WS103122CC 799 .50
00 01531986 12/08 /2022 XEROX FINANCIAL SERVICES 1104190 4342000 Xerox 60 mo. Copier Lease 3592583 802.71
00 01531986 12/08 /2022 XEROX FfNANCIAL SERVICES I 104190 4342000 Xerox 60 mo. Copier Lease 3594637 191.98
Report Date 12/08/2022 Page 14 City & Housing Item 1C-14
Bank ID Check umber Check Date V endor N ame
Audited and Found Correct
¢D~~
Report Date 12/0 8/2022
City of P alm De sert
Check Register
12/8/2022 -12/8/2022
A ccount Number Transaction Desc
Page 15
Invoice Amount Paid
Total For Bank ID -00
966,133.68
City & Housing Item 1C-15
Bank ID Check Number Check Date Vendor Name
10 00001570 12/08 /2022 RICHARDS WATSON & GERSHON rNC
Audited and Found Correct
~c~o=-
Report Date 12/08/2022
City of Palm Desert
Check Register
12/8/2022 -12 /8/2022
Account Number Transaction Desc
7034121 4301500 PMP LGL SVC -10/22
Invoice Amount Paid
240160 4 ,087.74
Total For Bank ID -10
4 ,087.74
Page 16 Successor Agency Item 1C-16
City of Palm Desert
Check Register
12/16/2022 -12/16/2 022
Bank ID Check umb er Check Date Vendor Name Acco unt umber Transaction Desc Invoice Amount Paid
00 00005252 12/16/2022 Amazon Capital Services Inc . 8704195 4404000 Filing Cabinet IVJV-4FIQ-7CKM 2,130.38
00 00005253 12/16/2022 CVAG 6100000 2282500 NOVEMBER 2022 TUMF PDTUMFI 12022 63,666.00
00 00005254 12/16/2022 CDWLLC 5304190 4404000 Computer Equipment FH51804 1,78 0 .25
00 00005255 12/16/2022 COACHELLA VALLEY CONSERVATION 6100000 2280800 NOVEMBER 2022 MSHCP PDMSHCPl 12022 40,905.00
00 00005255 12/16/2022 COACHELLA VALLEY CONSERVATION 6100000 2280800 LESS I% AD MIN FEE PDMSHCPI 12022 -409.05
00 00005256 12/16/2022 COUNTY OF RIVERSIDE A !MAL SERVlCESI 100000 3411700 JL22 LIC ENSING CREDIT AN0000002532 -2,676.00
00 00005256 12/16/2022 COUNTY OF RIVERSIDE ANIMAL SERVICES I 104230 4309000 JL22 Professional Services: AN0000002532 22,760.40
00 00005256 12/16/2022 COUNTY OF RIVERSIDE ANIMAL SERVICES I 104230 4309000 JL22 Over-Time Field Services AN0000002532 2,586.28
00 00005256 12/16/2022 COUNTY OF RIVERSIDE A LMAL SERVICES! 104230 4309000 JL22 Shelter Services AN0000002532 11,707 .10
00 00005256 12/16/2022 COUNTY OF RIVERSIDE A !MAL SERVICES I 104230 4309000 JL22 License Processing AN0000002532 1,657.10
00 00005256 12/16/2022 COUNTY OF RIV ERS ID E A !MAL SERVICES I 104230 4309000 JL22 Operation & Maintenance AN0000002532 396.72
00 00005257 12/16/2022 ECS IMAGING INC 1104190 436200 1 Additional Laserfiche Licenses 17420 11,109.00
00 00005258 12/16/2022 ENTERPRISE HOLDINGS I C 1104210 4304200 FY 22/23 Car rentals for PD Po 31062353 1,335.36
00 00005258 12/16/2022 ENTERPRISE HOLDINGS INC I 104210 4304200 FY 22/23 Car rentals for PD Po 31435925 1,309.56
00 00005259 12/16/2022 FG CREATIVE INC 1104417 4322301 Homeless Brochure 10092 693.20
00 00005259 12/16/2022 FG CREATIVE IN C I 104417 4321700 Courtesy Cart Photos 11 /30 10093 500.00
00 00005259 12/16/2022 FG CREATIVE INC 2424549 4309000 DC22 Advertisement Services 10089 3,000 .00
00 00005259 12/16/2022 FG CREATIVE INC 2714491 4321500 NV22 Advertising Services for 10090 3,083 .00
00 00005259 12/16/2022 FG CREATIVE INC 2714491 4321500 Advertising Services for 10082 4 .00
00 00005260 12/16/2022 GRAN ICUS INC 1104190 4362001 Domain Name Change 159235 800.00
00 00005261 12/16/2022 HEAL TH EQUITY ADMIN I 104154 4309000 ADMIN FEE 11 -2022 2052862-4447432 233 .75
00 00005262 12/16/2022 HEALTHEQUITY INC 6 100000 2281900 HCFSA 2022 PAYMENTS WE 110722 2052862-4392720 454.04
00 00005262 12/16/2022 HEAL TH EQUITY INC 6 100000 2281900 HCFSA 2022 PAYMENTS WE 111422 2052862-4412696 502 .84
00 00005262 12/16/2022 HEAL THEQUITY INC 6 100000 2281900 HCFSA 2022 PAYMENTS WE 112122 2052862-443644 0 7 13 .11
00 00005262 12/16/2022 HEAL THEQUITY INC 6100000 2281900 HCFSA 2022 PAYME TS WE I 12 822 2052862-4468833 617.38
00 00005263 12/16/2022 IDEAP EDDLER LLC 11 04417 4309000 NV22 Social Media SVCS 50Fl2 1968 2,477.50
00 00005263 12/16/2022 IDEAPEDDLER LLC 1104417 4309000 NV22 PR Services 20F8 1969 2 ,605 .00
Report Date 12/16/2 022 Pa ge
City & Housing Item 1C-17
City of Palm D esert
Check Register
12/16/2022 -12/16/2022
Bank ID Ch ec k Number Check D ate Ve ndor a me A ccount N umber T ransa ction Des c In vo ic e A mount Paid
00 00005263 12/16/2022 IDEAPEDDLER LLC 1104417 4309000 NV22 Media Management Service 1945 3,333 .33
00 00005264 12/16/2022 STAPLES BUSINESS ADVANTAGE I 104154 4211000 Office Supplies 3523990189 197 .16
00 00005264 12/16/2022 STAPLES BUSINESS ADVANTAGE 1104154 4391500 Standing desk 3523489423 441.76
00 00005264 12/16/2022 STAPLES BUSINESS ADVANTAGE 8734195 4211000 OFFlCE SUPPL1ES 3523489404 106.02
00 00005264 12/16/2022 STAPLES BUSINESS ADVANTAGE 1104110 4211000 Office Supplies 3522995028 212.86
00 00005264 12/16/2022 STAPLES BUSINESS ADV ANT AGE 1104111 4211000 Office supplies 3524783725 99.18
00 01531987 12/16/2022 AMERICAN ASPHALT SOUTH INC 2110000 2060000 REL RET P 115748 I C42450 RELRET-P751-21 97 ,989 .69
00 01531987 12/16/2022 AMERICAN ASPHALT SOUTH INC 2130000 2060000 REL RET P 115748 I C42450 REL RET-P751-21 11 ,761.75
00 01531988 12/16/2022 AMERICAN FORENSIC NURSES 1104210 4390400 FY 22/23 B lood draws/DUI drug 76909 66.85
00 01531988 12/16/2022 AMERICAN FORENSIC NURSES 1104210 4390400 FY 22/23 Blood draws/DUI drug 76908 237 .01
00 01531989 12/16/2022 Big Wheel Tours Inc 4254430 4393000 SCS Grant SCS-BWT 500 .00
00 01531990 12/16/2022 BURKE WILLIAMS & SORENSEN LLP 1104121 4301500 DESERT SURF LGL SVC-11/22 294044 7,889 .00
00 01531990 12/16/2022 BURKE WILLIAMS & SORENSEN LLP 1104121 4301600 City LGL Svc 286390 30.00
00 01531990 12/16/2022 BURKE WILLIAMS & SORENSEN LLP 1104121 4301600 City LGL SVC 288011 140 .00
00 01531990 12/16/2022 BURKE WILLIAMS & SORENSEN LLP 1104121 4301600 City LGL Svc 289522 45 .57
00 01531991 12/16/2022 CACEO 1104422 4312000 CACEO MDL2 1/8-13/23 D .MORA 200022894 500.00
00 01531992 12/16/2022 CALIFORNIA MUNICIPAL STATISTIC 1104159 4309000 2 1/22 CAFR STATS 22112901 550.00
00 01531993 12/16/2022 CANNO E, RICHARD 1104470 4312000 SCAG SUMMIT 12/1/22 PER DIEM 12/1/22 111.00
00 01531993 12/16/2022 CANNONE, RICHARD 1104470 4312000 SCAG SUMMIT 12/1 /22 HOTEL 12/1/22 211.47
00 01531993 12/16/2022 CANNO E, RICHARD I 104470 4312000 SCAG SUMMIT 12/1 /22 TRAIN 12/1/22 26 .00
00 01531994 12/16/2022 CHARTER COMMUNICATIONS 1104190 4365000 DC22 -Internet Services 0036098120122 386.32
00 01531995 12/16/2022 COST AR REAL TY INFORMATION INC l 100000 1430100 Real Estate SFTW EXP I 0/31 /23 120173560 3,493.68
00 01531995 12/16/2022 COST AR REAL TY INFORMATION INC 1104190 4362001 Real Estate software 120173560 6,987 .36
00 01531996 12/16/2022 DANIEL MORA 1100000 1150100 CACEO MDL2 1/8-13/23 D.MORA ADV PROM 1/13 /23 407.00
00 01531996 12/16/2022 DANIEL MORA 1100000 I 150100 CACEO MDL2 1/8-13/23 D .MORA ADV MILE l/13 /23 166 .25
00 01531997 12/16/2022 ESCOBEDO, CHRISTOPHER I 104130 4312000 SCAG SUMMIT 12/1 /22 PER DIEM 12/1 /22 111.00
00 01531997 12/16/2022 ESCOBEDO, CHRISTOPHER 1104130 4312000 SCAG SUMMIT 12/1/22 HOTEL 12/1/22 211.47
Report Date 12/16/2 022 Page 2 City & Housing Item 1C-18
City of P a lm D esert
Check Register
12/16/2022 -12/16/2022
B ank ID Ch eck N umb e r Chec k Date Ve ndor N am e Ac count N umb er T ran saction D es c Invoic e A mount Paid
00 01531997 12/16/2022 ESCOBEDO, CHRISTOPHER 1104130 4312000 SCAG SUMMIT 12/1/22 TRAIN 12/1 /22 23 .50
00 01531998 12/16/2022 FRONTIER COMMUNICATIO S INC I 104159 4365000 D/U Circuit Fred Waring 7605686932-NV22 57 .28
00 01531998 I 2/16/2022 FRONTIER COMMUNICATIONS INC 1104210 4306001 Phone Svc 7608629848-NV22 131.59
00 01531998 12/16/2022 FRONTIER COMMUNICATIONS INC I 104250 4365000 Traffic Signal line SVC 7603459 l 46-NV22 57 .28
00 01531998 12/16/2022 FRONTIER COMMUN I CA TIO S INC I 104344 4365000 PCC Phone Srv 7605682560-NV22 138.14
00 01531998 12/16/2022 FRONTIER COMMUNICATIONS INC 2294210 4391400 Valley Crimestoppers Hotline 76034 I 7867-NV22 170 .75
00 01531998 12/16/2022 FRO TIER COMMUNICATIO S INC 2714491 4369500 EP Phone Svc 76067490 l 2-NV22 119 .06
00 01531998 12/16/2022 FRO TIER COMMUNICATIONS INC 5104195 4369601 Parkview Bldg Alann Srv 7603468393-V22 159.43
00 0 1531998 12/16/2022 FRONTIER COMMUNICATIONS INC 5104195 4369601 Parkview Bldg Phone Srv 760674 I 960-NV22 95.32
00 01531998 12/16/2022 FRO TIER COMMUNICA TIO S INC 5104195 4369601 Parkvicw Bldg Fire Alam1 760779 I 904-NV22 85.61
00 01531998 12/16/2022 FRONTIER COMMUNICATIONS INC 5104195 4369601 Parkview Bldg Alarm Srv 760836 I I 42-NV22 92.06
00 01531998 12/16/2022 FRONTIER COMMU !CATIONS INC 5104195 4369602 State Bldg internet Srv 3 IO I 746 I 65-NV22 55 .98
00 01531998 12/16/2022 FRONTIER COMMUNICATIO S INC 5104195 4369800 Henderson Bldg Phone Sr 76077667 l 5-NV22 223 .94
00 01531999 12/16/2022 HAMPTON INN 1100000 1150100 CACEO MDL2 1/8-13 /23 D.MORA ADV LDG 1/13 /23 903.17
00 01532000 12/16/2022 IMAGE SOURCE 1104190 4342000 Usage and supplies -New 60 mo 25ARl54084I 1,7 08 .29
00 01532000 12/16/2022 IMAGE SOURCE I 104190 4342000 Usage and supplies -New 60 mo 25ARl54l 143 104.77
00 01532001 12/16/2022 IMPRESSION DES IGN I 104154 4219000 PDUPullovers -Cohort # I 14290 735 .67
00 01532002 12/16/2022 J.L. ENDICOTT INC I 104111 4211000 Council Chamber Name Plates 9982 953 .87
00 01532003 12/16/2022 LOWE'S HOME CENTERS INC. I 104250 4219000 frafiic supplies 902749-100622 101.14
00 01532003 12/16/2022 LOWE'S HOME CENTERS INC. I 1043 JO 4332000 street maint supplies 902052-081222* 51.16
00 01532003 12/16/2022 LOWE'S HOME CE TERS INC. 1104310 4332000 street maint s upplies 923895-102822 122 .82
00 01532003 12/16/2022 LOWE'S HOME CENTERS INC. 1104340 4219000 bug zappers -City Hall 902156-112322 245 .61
00 01532003 12/16/2022 LOWE'S HOME CENTERS INC . 2304220 4404000 equipment supplies -FS 33 979105-060822 127 .60
00 0 1532004 12/1 6/2022 MAGER, VANES SA 1104110 4309000 Coffee with the Mayor -Dec 22 037755 7.20
00 01532004 I 2/16/2022 MAGER, VANES SA 1104110 4309000 Coffee with the Mayor -DC22 10021428989 20 .98
00 01532005 12/16/2022 NANCE , MICHELLE 1104111 4211000 Election Cert Ppr -reimburse 1443870750 94 .97
00 01532006 12/16/2022 NIELSEN MERKSAMER PARRINELLO GROSS 104121 4301500 Audit Lgl Svc thru 11 /22 250412 193 .50
Report Date 12/16/2022 Page 3 Jty & Housing Item 1C-19
City of Palm Desert
Check Register
12/16/2022 -12/16 /2022
Bank ID Check Numbe r C hec k D ate Ve ndor N am e Accoun t N umb e r T ra nsactio n Desc Invoice A moun t Pai d
00 01532007 12/16/2022 PARK CONSUL TrNG GROUP INC. 1104190 4309000 Land Mni,'lnnt and Prmttng COPD20221 l 50,000.00
00 01532008 12/16/2022 PASCO DOORS 4504161 4400100 CITY HALL SECURITY DOOR I 0231-IJ 218,500.00
00 01532009 12/16/2022 PROFORMA SOCAL 1104154 4219000 Business Ca rd s BH49003052A 111.86
00 01532010 12/16/2022 R DEPENDABLE CONSTRUCTION INC 4000000 2060000 RTNT Pl 15723 C37960E RTNT 3214 -1,290 .3 9
00 01532010 12/16/2022 R DEPENDABLE CONSTRUCTION INC 4004161 4400100 CITY COUNCIL CHAMBERS RENO 3214 25,807.79
00 01532011 12/16/2022 RASIX COMPUTER CENTER INC I 104190 4212000 Toner ID933l4 366.44
00 01532012 12/16/2022 RIVERSIDE COUNTY SHERIFF-PSEC I 104210 4304200 SP22 PD Police radio opera PE0000000548 621.36
00 01532012 12/16/2022 RIVERSIDE COU TY SHERIFF-PS EC 1104210 4304200 OC22 PD Police radio opera PE0000000585 621.36
00 01532012 12/16/2022 RIVERSIDE COUNTY SHERIFF-PS EC 1104211 4306001 SP22 Citizens on Patrol ra PE0000000547 573.75
00 01532012 12/16/2022 RIVERSIDE COUNTY SHERIFF-PSEC I 104211 4306001 OC22 C iti zens on Patrol ra PE0000000584 573 .75
00 01532013 12/16/2022 SHRED-IT USA 1104111 4309000 City C lerk I 0 /28 and I I /8 8002753879 40.18
00 01532013 12/16/2022 SHRED-IT USA 1104150 4211000 Finance I 0/28 and 11 /8 8002753879 40 .16
00 01532013 12/16/2022 SHRED-IT USA 1104154 4309000 HR I 0/28 and 11 /8 8002753879 40.17
00 01532013 12/16/2022 SHRED-IT USA 1104300 4309000 Pub Wo rks 10/28 and 11 /8 8002753879 40 .16
00 01532013 12/16/2022 SHRED-IT USA I 104430 4211000 Econ Dev I 0 /28 and I 1 /8 8002753879 40 .16
00 01532013 12/16/2022 SHRED-IT USA I 104470 4309000 Code 10/28 and 11 /8 8002753879 40.16
00 01532014 12/16/2022 TRA SAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental In s 11-30-22 2504812504 1,320.90
00 01532014 12/16/2022 TRANSAMERICA EMPLOYEE BENEFITS 1100000 2161600 Supplmental Ins 11-30-22 25048 12 504 336.86
00 01532015 12/16/2022 TRI PEPI SMITH & ASSOC!A TES INC 1104114 4309000 Educate Voters on rank choice 9150 7 11.97
00 01532015 12/16/2022 TRI PEPI SMITH & ASSOClA TES IN C 1104114 4309000 Educate Voters on rank choice 8832 8,732.77
00 01532015 12/16/2022 TRI PEPI SMITH & ASSOCIATES IN C 1104114 4309000 Educate Voters on rank choice 9017 38,113 .8 1
00 01532016 12/16/2022 U S POSTMASTER I 104417 4302600 Brightside Postage for FY 22-2 JAN/FEB 2023 6,699 .97
00 01532017 12/16/2022 UNITED STORM WATER INC . 2890000 2060000 REL RET Pl 15710 / C42330 REL RET-P501-21 33.75
00 01532017 12/16/2022 UNITED STORM WATER INC. 4200000 2060000 REL RET Pl 15710 / C42330 REL RET-P501-21 7,767.50
00 01532018 12/16/2022 VECTOR USA I 104190 4362001 Configuration and training 94756 2,325 .00
00 01532019 12/16/2022 V ER IZON SELECT SERVlCES INC 1104159 4365000 NV22 Toll Free 13 l 822689NV22 2.32
00 01532020 12/16/2022 VERlZON WlRELESS 11041 IO 4365000 City Council Mifi NV22 992 164786 1 38 .01
Report Date 12/16/2022 Page 4 ~itv & Housing Item 1C-20
City of Palm Desert
Check Register
12/16/2 0 22 -12/16/2022
Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid
00 0 1532020 12/16/2022 VERIZON WIRELESS 11 04 190 4365000 IT Mifi NV22 992164786 1 266.07
00 0 15 32020 I 2/16/2022 VER IZON W IRELESS 1104300 4365000 Publ ic Works Mifi NV22 9921647861 119.03
00 01532020 12/16/2022 VERIZON W IRELESS 11 04420 4365000 Building Inspector Mifi NV22 9921647861 223.47
00 0 1532020 12/16/2022 VERIZON WIRELESS 11 04422 4365000 Code Mifi NV22 992164786 1 266.07
00 0 1532020 12/16/2022 V ERIZO N WIRELESS 1104470 436 5000 Dev Services Mi fi NV22 992164 786 1 38 .01
00 0 15 32021 12/16/2022 WITTMAN ENTERPRISES LLC 2304220 4309000 NOV22 EMS Billing Services 221 10547 11 ,382.00
00 01532022 12/16/2022 XEROX FINANCIAL SERVICES I 104 190 4342000 Xerox 60 mo . Copier Lease 3638573 540 .19
00 0 1532023 12/16/2022 XPRES S GRAPH IC S 11 04417 4361000 Desert W ill ow Broc hu re 22-50799 224.70
A ud ited an d Fo und Correc t Ex]t37
Q C ity Ma nage r
Total For Bank ID -00
692 ,203.65
Report Date 12/16 /2 022 Page 5 City & Housing Item 1C-21
City of Palm Desert
Check Register
12/22/2022 -12/22 /2022
Bank ID Check Number Check Date Vendor N ame Account Number Transaction Desc Invoice Amount Paid
00 00005265 12/22 /2022 AETNA RESOURCES FOR LIVING I 104154 4309000 JN23 Empl oyee Ass ista nce E0282740 173.75
00 00005266 12/22 /2022 CDWLLC I 104 190 4212000 Tech Eq ui pment FL73845 107.03
00 00005266 12/22/2022 CDWLLC I 104190 4212000 Tech Eq uipment FL74762 39.79
00 00005267 12/22/2022 DESERT ACCESS AND MOBILITY INC 2204800 4388000 CDB G F unding FY 2 1-22 CDBG 21-22-2 1,202.86
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 11 0433 1 4334000 234LD4 MAINTENANCE FBN4629091 117.25
00 00005268 12/22/2022 ENTERPRISE FM TRUST I 10433 1 4334000 22V3 PJ MAINTENANCE FBN4629091 92.83
00 00005268 12/22/2022 ENTERPRISE FM TRUST I 10433 1 4334000 22V3QC MAINTENANCE FBN4629091 92.83
00 00005268 12/22 /2022 ENTERPRIS E FM T RUST I 10433 1 4334000 22V3RD MAI TENANCE FBN4629091 88 .97
00 00005268 12/22/2022 ENTERPRISE FM T RUST 1104331 4334000 22V458 MAINTENANCE FBN462909I 92 .83
00 00005268 12/22/2022 ENTERPRISE FM TRUST 11 04331 4334000 22V3P MA I TENANCE FBN4629091 92 .83
00 00005268 12/22/2022 ENTERPRISE FM TRUST 110433 1 4334000 22V3S3 MAINTENANCE FBN462909 1 92.83
00 00005268 12/22/2022 ENTERPRISE FM TRUST 11 04331 4334000 22V3 PC MA1NTENANCE F BN4 629091 92.83
00 00005268 12/22 /2022 ENTERPRISE FM TR UST 11 04331 4334000 22MTQF MAINTENANCE FBN4629091 119 .74
00 00005268 12/22 /2022 ENTERPRISE FM T RUST 1104331 4334000 22MG3C MAINTENANCE FBN4629091 90.96
00 00005268 12/22/2022 ENTERPRISE FM T RUST I 104331 4334000 22MG3H MAINTENANCE FBN4629091 90.96
00 00005268 12/22/2022 ENTERPRISE FM TRUS T 11043 31 4334000 22MG55 MAINTENANCE FBN4629091 88.97
00 00005268 12/22 /2022 ENTERPRI SE FM TRUST I 10433 1 4334000 22MG58 MAINTENANCE FBN 4629091 75.67
00 00005268 12/22 /2022 ENTERPRISE FM TRUST I 10433 1 4334000 22MTQG MAINTENANCE FBN4629091 11 7 .93
00 00005268 12/22 /2022 ENTERPRISE FM T RUST I 10433 I 4334000 22 MG42 MAINTENANCE FBN4629091 88.97
00 00005268 12/22 /2022 ENTE RPRIS E FM T RUST I 10433 1 4334000 22MG5R MAINTENANCE FBN 4629091 92 .83
00 00005268 12/22 /2022 ENTERPRISE FM TRUST I 10433 I 4334000 22MG5W MAINT E ANCE FBN4629091 92.83
00 00005268 12/22 /2022 ENTERPRISE FM T RUST I 10433 1 4334000 22MTQB MAINTENANCE FBN4629091 128.15
00 00005268 12/22 /2022 ENTERPRISE FM T RUST I 10433 1 4334000 22MTQ D MAINTENANCE FBN4629091 122.73
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 11 04331 4334000 22MG34 MAINTENANCE FBN4629091 92.83
00 00005268 12/22/2022 ENTERPRI SE FM TRUST I 10433 1 4334000 22MG4H MAINTENANCE FBN4629091 88.97
00 00005268 12/22/2022 ENTERPRISE FM TRUST 110433 1 4334000 22MG3S MAINT ENANCE FBN4629091 75.67
00 00005268 12/22/2022 ENTERPRI SE FM TRUST 1104331 4334000 22 MG5X MAINTENANCE FBN4629091 92.83
R eport Date 12/22 /2022 Page Item 1C-22
City of Palm D esert
Check Register
12/22/2022 -12/22/2022
Bank ID Ch eck N umber Ch eck Date Vendor N ame Accoun t N umb er Tran saction Desc In voice A moun t Paid
00 00005268 12/22 /2022 ENTERPRJSE FM TRUST 110433 1 4334000 22MG63 MAINTENANCE FBN462909 1 92.83
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 110433 1 4334000 22MP7V MAJNTENANCE FBN4629091 92.83
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3QW MAINTENANCE FBN4629091 92 .83
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3MJ MAINTENANCE FBN4629091 92.83
00 00005268 12/22/2022 ENTERPRISE FM TRUST I 104331 4334000 22V3NF MA INTENANCE FBN4629091 92.83
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 1104331 4334000 22V3P3 MAINTENANCE FBN4629091 92.83
00 00005268 12/22/2022 ENTERPRISE FM TRUST I 104331 4334000 22V3P5 MAINTENANCE FBN462909I 92.83
00 00005268 12/22/2022 ENTERPRISE FM TRUST 1104331 4334000 22V3P8 MAINTENANCE FBN4629091 92.83
00 00005268 12/22/2022 ENTERPRISE FM TRUST 5304331 4344000 234LD4 LEASE FBN4629091 910.24
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22V3PJ LEASE FBN4629091 652.46
00 00005268 12/22 /2022 ENTERPRJSE FM TRUST 5304331 4344000 22V3QC LEASE FBN462909I 659.59
00 00005268 12/22 /2022 ENTERPRJSE FM TRUST 530433 1 4344000 22V3RD LEASE FBN462909I 388.44
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 5304331 4344000 22V458 LEASE FBN4629091 638.93
00 00005268 12/22 /2022 ENTERPRJSE FM TRUST 5304331 4344000 22V3PN LEASE FBN4629091 665 .88
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22V3S3 LEASE FBN4629091 652.46
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22V3PC LEASE FBN462909I 652.46
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MTQF LEASE FBN4629091 833 .16
00 00005268 12/22 /2022 ENTERPRJSE FM TRUST 5304331 4344000 22MG3C LEASE FBN462909I 699.00
00 00005268 12/22 /2022 ENTERPRJSE FM TRUST 5304331 4344000 22MG3 H LEASE FBN462909I 669 .33
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG55 LEASE FBN462909I 543 .38
00 00005268 12/22 /2022 ENTERPRJSE FM TRUST 5304331 4344000 22MG58 LEASE FBN462909I 535.52
00 00005268 12/22/2022 ENTERPRISE FM TRUST 5304331 4344000 22MTQG LEASE FBN4629091 910.77
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22MG42 LEASE FBN4629091 479.23
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG5R LEASE FBN4629091 590.37
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22MG5W LEASE FBN4629091 582 .39
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 530433 1 4344000 22MTQB LEASE FBN4629091 1,004 .34
00 00005268 12/22 /2022 ENTERPRJSE FM TRUST 5304331 4344000 22MTQD LEASE FBN4629091 1,003.70
Report Date 12/22 /2022 Page 2 Item 1C-23
City of P alm Desert
l Check Re gister ,
12/22/2 022 -12/22/2022
Bank ID C heck N um be r C heck D ate Vendor Na me A ccoun t N umb e r T ran sa ction D es c In voice A moun t P aid
00 00005268 12/22/2022 EN TERPRIS E FM TRUST 53 04331 4344000 22MG34 LEASE FBN4629091 596.17
00 00005268 12/22/2022 ENTE RPRIS E FM TRUST 530433 1 4344000 22MG4 H LEASE FBN462909 I 473.25
00 00005268 12/22 /2022 ENTERPRI SE FM TRUST 530433 1 4344000 22MG3S LEASE FBN462909I 448 .52
00 00005268 12/22/2022 ENTERPRI SE FM TRUST 530433 1 4344000 22MG5X LEASE FBN4629091 582.39
00 00005268 12/22 /2022 ENTERPRISE FM TRUST 5304331 4344000 22MG63 LEASE FBN462909I 582.39
00 00005268 12/22 /2022 ENTERPRI SE FM TRUST 530433 1 4344000 22MP7V LEASE FBN4629091 594.40
00 00005268 12/22 /2022 ENTERPRIS E FM TRUST 5304331 4344000 22V3QW LEASE FBN462909 1 587.93
00 00005268 12/22 /2022 ENTE RPRIS E FM TRUST 530433 1 4344000 22V3MJ LEASE FBN462909 1 618.74
00 00005268 12/22 /2022 ENTERPRI SE FM TRUST 53043 31 4344000 22V3NF LEASE FBN4629091 6 15.78
00 00005268 12/22/2022 ENTE RPRI SE FM TRUST 530433 1 4344000 22V3P3 LEASE FBN4629091 652.46
00 00005268 12/22/2022 ENTERPRJ SE FM TRUST 530433 1 4344000 22Y3 P5 LEASE FBN 462909 1 652.46
00 00005268 12/22/2022 ENTERPRISE FM TRUST 530433 1 4344000 22V3P8 LEASE FBN462909 1 652.46
00 00005269 12/22/2022 GRAN ICUS INC 1104190 4362001 18,0 50 FY 22/23 155501 2,250.00
00 00005270 12/22/2022 HARTFORD LIFE AND ACCIDE T 1100000 2160700 LT D Premi um 09/2022 463786326002 3,516.84
00 00005270 12/22/2022 HARTFO RD LIFE AND ACCIDE T 1100000 2 160700 LTD Premium I 0/2022 463785959929 3,663.64
00 00005270 12/22/2022 HARTFORD LTFE AND ACCIDENT 1100000 2160700 LTD Premium 11 /2022 463783844467 3.602.26
00 00005270 12/22/2022 HA RT FO RD LIF E AND ACC IDENT 1100000 2161000 Life and AD&D Premium 09/2022 463786326002 1,877.27
00 00005270 12/22/2022 HA RTFO RD LIFE AND ACCIDENT 1100000 2 16 1000 Life and A D&D Premium 10/2022 463785959929 1,948 .75
00 00005270 12/22/2022 HARTFORD LIFE AND ACCIDENT 1100000 2 161000 Life and A D&D Premi um 11 /2022 463783844467 1,910.6 1
00 00005270 12/22/2022 HARTFORD LIFE AND ACCIDENT 1100000 2 161 800 STD Premium 09 /2022 463786326002 1,426 .69
00 00005270 12/22/2022 HARTFORD LIF E AND ACCIDENT 1100000 2161800 STD Premium I 0/2022 463785959929 1,473.57
00 00005270 12/22/2022 HARTFORD LIFE AND ACCIDENT 1100000 2161800 STD Premium 11 /2022 463783844467 1,479.90
00 00005270 12/22 /2022 HARTFORD LIFE AND ACCIDENT 11 04 150 4112200 L TD,LF,A D,STD Rounding 09/2022 463786326002 177.00
00 00005270 12/22/2022 HARTFORD LIFE AND ACCIDENT 1104150 4112200 L TD,LF,AD,STD Rounding 10/2022 463785959929 65.7 1
00 00005270 12/22 /2022 HARTFORD LTFE AND ACCIDENT 1104150 4112200 L TD,LF,AD,STD Rounding 11 /2022 4637838444 67 34.30
00 00005271 12/22 /2022 MARIPOSA LANDSCAPES INC 1104614 4337001 LMA I ALLOWABLE EXTRA WORK AN D 100606 4,823.83
00 00005271 12/22 /2022 MARIPO SA LANDSCAPES IN C 11046 14 4337001 NV22 LMA I MONTHLY LANDSCAPE 100252 41 ,12 5 .38
Report Date 12/22/2022 Page 3 Item 1C-24
City of Palm Desert
Check Register
12/22/2022 -12/22 /2022
Bank ID Check Number Check Date Vendor ame Account Number Transaction Desc Invoice Am ount Paid
00 00005272 12/22/2022 STA PL ES BUSINESS ADVANTAGE 11 04150 421 IO00 Office suppli es 3524783744 506.30
00 00005272 12/22 /2022 STA PLES BUSI ESS ADVANTAGE 1104470 421 IO00 SUPPLIES: BANKERS BOXES 3525288559 64.43
00 01532024 12/22 /2022 ACCURATE FIRST AID SERVICES LLC 11 04330 42 19000 FIRST AID SUPPLIES -CORPY ARD C-1724 109 .65
00 01532025 12/22 /2022 AIR & HOSE SOUR CE INC 11043 3 1 4334000 RIM Fleet #386 City owned 486936 676.43
00 01532026 12/22/2022 ALARM MO !TORI G SERVICES IN C 1104340 4331000 ALARM S RVS -CITY HALL & HS 98824 6 12.42
00 01532026 12/22 /2022 ALARM MONITORING SERVI CES INC 1104340 433 1000 ALARM SRV S -CITY HALL & HS 98974 412.00
00 0 15 32026 12/22/2022 ALARM MONITORING SERVICES INC 5 104 195 4369601 ALARM SRVS -PARKVTEW BLDG 98930 412 .00
00 01532027 12/22 /2022 AMERICAN FORE S IC NURSES 11 042 10 4390400 FY 22/23 Blood draws/DUI drug 76945 200.55
00 0 1532027 12/22 /2022 AMERICAN FORENSIC NURSES 11 04210 4390400 FY 22/23 Blood draws/DUI drug 76946 267.40
00 01532028 12/22 /2022 ANDE RSON COMMUNICAT ION I C 1104310 4365000 DC22 RADIO REPEATER SERVICE 19708 250.00
00 01532029 12/22 /2022 APPLIANCE MEDIC BERTHEOLA 1104330 4331000 APPLIANCE SRVS / REPAIRS 93246 305.46
00 0 1532029 12/22 /2022 APPLIANCE MEDIC BERTHEOLA 11 04340 4331000 AP PLI ANCE SRVS / REPA IRS 93246 72 1.78
00 0 1532030 12/22 /2022 ASSUREHIRE INC 11 04 15 4 4309000 Background check 44214 241.75
00 01532031 12/22 /2022 BLINDS ETC . 4254430 4395000 BLIND INSTALLATION-iHUB BUIL 24226 2,500.00
00 0153203 1 12/22 /2022 BLINDS ETC. 4254430 4395000 CHANGE ORDER NO. I FOR T HE 24226 6,408 .29
00 01532031 12/22 /2022 BLINDS ETC. 5 104195 4369500 BLIND INSTALLATION -SHERIFFS 24191 3.232.81
00 01532032 12/22 /2022 BURRTEC 277437 3 4351800 TRASH PICKUP SRV PP East 433101-12/22 8,150.62
00 0 1532032 12/22 /2022 BURRTEC 2774373 4351800 TRASH PI CKUP SRV PP West 433 I 04 -1 2/22 6,774.12
00 0 1532032 12/22 /2022 BURRTEC 5 104195 436960 1 737 10 FW TRAS H PIC KUP SRV 208 162 -1 2/22 480.29
00 01532032 12/22/2022 BURRT EC 5 1041 95 4369602 73720 FW TRASH PICKUP SRV 208189-1 2/22 336.69
00 01532033 12/22/2022 CALIFORN IA PARK & RECREA TI ON 1104300 4363000 CPRS 2023 Membership Dues -SM I 43683-SM2023 170 .00
00 01532034 12/22/2022 CARTEGRAPH SYSTEMS LLC I 104300 4309000 CARTEGRAPHIMPLIOF4 INV2295 18,750.00
00 0 1532035 12/22/2022 CEPEDA-ESCOBEDO , BERTHA 1104159 4219100 EOC Radio Purchase REIMB-BCEl222 495.60
00 01532036 12/22/2022 CHARTER COMMUN ICATIO NS 11041 90 4365000 DC22 -Corp Yard Internet 1093262120722 72.63
00 0 15 32037 12/22 /2022 COACHELLA VALLEY ASSOCIATION 23845 15 4363000 FY 2022-2023 1st q uarter AB 27 CV23082-22 12,8 11.40
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 8734492 4400100 DC22 PDH A-42162 Verd in Ln 79198 I 390090DC22 8.01
00 0 1532038 12/22 /2022 COAC HELLA VALLEY WATER DIST. 873 4492 4400100 NV22 PDHA -42162 Verdin LN 79 I 98 I 390090NV22 12.65
Report Date 12/22 /2022 Page 4 Item 1C-25
City of Palm D esert
Check Register
12/22/2022 -12/22/2022
Bank ID C heck N umber Check D ate Ve ndor N am e Account Numb er Tran saction Desc In voice A mount Paid
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104340 4351000 {A) I 057 City Hall 315187847714NV22 269.82
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104344 4351000 (B) I 057 Portola CC 315187847714NV22 417.68
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104610 4351000 248 RAC WELL RMT BY LAKE 332429853174OC22 1,396.05
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104610 4351000 248 RAC WELL RMT BY LAKE 332429853174NV22 3,089.84
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104610 4351000 1093 CIVIC CENTER PARK 315245847772NV22 10,019.56
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104611 4351000 1054 CITY PARKS 315181847708NV22 4,254.67
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 I 055 ST MEDIANS "5" 315183847710NV22 12 ,202.01
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 I 0528 Entrada /Eric Johnson 3 I 7287849814NV22 703.20
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 1104614 4351000 I 150 WASHINGTON & 1-10 587615849914DC22 340.79
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 2424549 4351000 1141 AQUATIC CENTER 5 I 254 I 849896NV22 1,423 .70
00 01532038 12/22 /2022 COACHELLA VALLEY WATER DIST. 2764374 4351000 I 0560 HAYSTACK 33055 I 849952NV22 2,273.89
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 2764374 4351000 I 0561 HAYSTACK 330559849954NV22 4,789.90
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 2774373 4351000 (3) 1056 Presidents Plaza 315185847712NV22 1,374 .68
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 2774373 4351000 (5) I 056 Presidents Plaza 315185847712NV22 1,053.50
00 01532038 12/22/2022 COACHELLA VALLEY WATER DIST. 2784374 4351000 (I) 1056 Vineyards 315185847712NV22 82.70
00 0 1532038 12/22/2022 COACHELLA VALLEY WATER DIST. 2784374 4351000 (7) I 056 V ineyards 315185847712NV22 116.05
00 0 1532038 12/22/2022 COACHELLA VALLEY WATER DIST. 2814374 4351000 ( 4) I 056 T he Grove 315185847712NV22 288.83
00 0 1532038 12/22 /2022 COACHELLA VALLEY WATER D IST. 2824373 4351000 (2) I 056 Presidents Plaza 3 315185847712NV22 119 .26
00 01532038 12/22 /2022 COAC HELLA VALLEY WATER DIST. 2824373 4351000 (8) I 056 Presidents Plaza 3 3 I 5 I 85847712NV22 66.91
00 01532038 12/22 /2022 COACHELLA VALLEY WATER DIST. 2834374 4351000 (6) I 056 Portola Place 3 I 5 I 85847712NV22 42.34
00 01532038 12/22 /2022 COACHELLA VALLEY WATER DIST. 5104195 4369601 (1) 1161 -73710 FW 652499886934NV22 107.57
00 01532038 12/22 /2022 COACHELLA VALLEY WATER DIST. 5104195 4369601 (3) 1161 -73710 FW FP 652499886934NV22 86.99
00 01532038 12/22 /2022 COACHELLA VALLEY WATER DIST. 5104195 4369602 (2) 1161 -73720 FW 652499886934NV22 68.96
00 01532038 12/22 /2022 COACHELLA VALLEY WATER DIST. 5104 195 4369800 (4) 1161 -72559 Hwy 111 652499886934NV22 85.34
00 0 1532038 12/22/2022 COACHELLA VALLEY WATER DIST. 5104 195 4369800 (5) 1161 -72559 Hwy 111 FP 652499886934NV22 46.39
00 0 1532039 12/22/2022 COACHELLA VALLEY WATER DIST 1104614 4337001 Landscape Plan Check P92 7-22 22-14028 540.00
00 01532040 12/22/2022 COMMERCIAL DOOR METAL SYSTEMS INC2304220 4331000 door repairs -FS #33 56232 501.56
Report Date 12/22 /2022 Page 5 Item 1C-26
City of Palm Desert
'., Check Register
12/22/2022 -12/22/2022
Bank ID Check Number Check Date Vendor Name Account Number T ransaction Desc Invoice Am ount Paid
00 01532040 12/22 /2022 COMMERCIAL DOOR M ETAL SYSTEMS IN C2304220 4331000 metal door installation FS #67 56517 1,147.17
00 01532041 12/22 /2022 DATA T ICKET IN C 1104422 4309000 NV22 SVC PARK.ING TICKET PROCES 145746 228.69
00 01532042 12/22/2022 DESERT AlR CONDITJONING INC. 1104330 4331000 EXTRASHVAC-CORPYARD 232739 196 .00
00 01532042 12/22 /2022 DESERT AlR CONDITlONING INC. I 104340 4331000 EXTRAS HVAC -CITY HALL 232615 993.69
00 01532042 12/22 /2022 DESERT AIR CONDITJONING INC. 1104340 4331000 EXTRAS HVAC -CITY HALL 2326 16 966.22
00 01532043 12/22 /2022 DESERT ELECTRI C SUPPLY 5104195 4369601 lamps -Parkview S3034943.00I 80 .31
00 01532044 12/22 /2022 DESERT FIRE EXTINGUISHER 5 104 195 4369601 FIRE EXTI GUlSHER -PARKVTEW B 12466488 1,107 .16
00 01532044 12/22 /2022 DESERT FIRE EXTINGU ISHE R 5 104195 4369800 F IRE EXT INGUISH ER -HENDERSON 12464641 91.58
00 01532045 12/22/2022 DESERT NAPA AUTO PARTS 1104331 4334000 Fleet supplies #87 Leased 975563 49.53
00 01532045 12/22/2022 DESERT NAPA AUTO PARTS 1104331 4334000 Gas addi ti ves #72 City owned 976140 74 .29
00 0 15 32046 12/22/2022 DESERT Pl PE & SUPPLY 1104340 433 1000 plumbing parts -Ci ty Hall 16570130 74.38
00 01532046 12/22/2022 DESERT PIPE & SUPPLY 1104340 4331000 toilet seats -City Hall 16580960 53 .26
00 01532047 12/22 /2022 DESERT RECREATION DISTRICT 1104344 4309000 OC22SVCS FOR PORTOLA COMMUNITY 3313 8,896.79
00 01532047 12/22 /2022 DESERT RECREATIO DISTRICT 11046 10 4309200 OC22SERVICES FOR CITY PARKSAND 3312 42,865.66
00 01532048 12/22 /2022 DESERT RECYCLING IN C 1104310 4332000 NV22RECYCLING FACILITY DISPOSA 16144 422.00
00 01532049 12/22/2022 DOKKEN ENGINEERING 2 134359 4400100 PROVIDE ENGINEERING AND 42380 10,790.00
00 01532050 12/22 /2022 DRAGON'S EXTERM INATOR 1104611 4331000 EXTRA SERVICES -PARKS 89220440 250.00
00 01532051 12/22 /2022 EISENHOWER OCCUPATIONAL H EALT H SV«:ID4 I 54 4305600 DOT 134429 160 .00
00 01532052 12/22/2022 ELITE CUSTOM CONSTRUCTION 4254430 4395000 INS T ALLA TIO OF AN INTERIOR DO EC-37023-1 23,750.00
00 01532052 12/22 /2022 ELI TE CUSTOM CONSTRU CTION 4254430 4395000 CHANGE ORDER NO. I TO INSTALL EC-3702 3-1 3 ,475 .00
00 01532053 12/22 /2022 ENGINEERING RESOURCES 4204370 5000454 PROFESSIONAL ENG IN EER.ING AND D 58451 17,348 .75
00 01532054 12/22 /2022 EP BLACK LABEL 1104 800 4306201 Frosty Fest Sponsorship C44550 112 2,500.00
00 01532055 12/22 /2022 FIESTA FORD 110433 1 4334000 LEASED#007 VEHICLE REPAIRS 503029 99.00
00 01532055 12/22 /2022 FIESTA FORD 110433 1 4334000 LEASED#005 VEHICLE REPAIRS 511232 72.76
00 01532055 12/22 /2022 FIESTA FORD 1104331 4334000 LEASED#005 VEHICLE REPAIRS 5 11235 676.41
00 01532056 12/22 /2022 FLOCK SAFETY 22942 10 4391400 AUTOMATED LICENSE PLATE RECOGN INVl 809 84 ,907.01
00 0 1532056 12/22/2022 FLOCK SAFETY 22942 10 4391400 AUTOMATED LICENSE PLATE RECOGN INV2546 30,625.00
Report D ate 12/22 /2022 Page 6 Item 1C-27
C ity of Palm Desert
Check Register
12/22/2022 - 12 /22/2022
Bank ID Ch eck N umb e r Ch eck Date Ve ndor Nam e Account N umb er T ran saction Des c In vo ic e A mount Paid
00 0 1532057 12/22 /2022 FUEL PROS fNC 11 0433 1 4334000 Fuel pump repairs 65739 I, 161.24
00 01532058 12/22 /2022 FULTON DISTRIBUTING 1104340 4219000 SUPPLY AS NEEDED VARIOUS JANIT 588196 62.95
00 01532058 12/22 /2022 FULTON DISTRIBUTJNG 1104610 4219000 TRASHCAN LJNER -CC PARK 588564 1,114.15
00 01532058 12/22 /2022 FULTON DISTRIBUTJNG 1 !04611 4219000 TRASHCAN LJNERS-PARKS 588564 1,114 .14
00 01532059 12/22 /2022 HEALTH METRICS fNC. 1104154 4305600 Onsite Hearing Tests 2022 20833 700.00
00 01532060 12/22 /2022 HORIZON LIGHTING JNC . 1104340 4331000 ELECT SRVS -CITY HALL 300069 1,071.83
00 01532061 12/22/2022 HORIZON PROFESSIONAL LANDSCAPE 1104614 4337001 NV22 LMA 6-DW LOWER PARKING LT 6429 1,025.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LA DSCAPE 2734680 4332000 NV22 LMA 7 DESERT MIRAGE 6423 515.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2734682 4332000 NV22 LMA 7 PRIMEROSE II 6423 310.00
00 01532061 12/22 /2022 HORIZON PROFESS IONAL LA DSCAPE 2754643 4332000 NV22 LMA 7 DIAMO DBACK 6423 105 .00
00 01532061 12/22/2022 HORIZON PROFESS IONAL LA DSCAPE 2754680 4332000 NV22 LMA MONTER EY MEADOWS 6423 130.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 275468 1 4332000 NV2 2 LMA 7 TH E GLEN 6423 270.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754682 4332000 NV22 LMA 7 HOVLEY ESTATES 6423 140 .00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LA DSCAPE 2754683 4332000 NV22 LMA 7 SO ATAI 6423 335.00
00 01532061 12/22/2022 HORIZON PROFESSIONAL LANDSCAPE 2754684 4332000 NV2 2 LMA 7 SO ATA II 6423 465 .00
00 0 1532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754685 4332000 NV22 LMA 7 HOVLEY COLLECTION 6423 365.00
00 0 1532061 12/22 /2022 HORIZON PROFESS IONAL LANDSCAPE 2754686 4332000 NV22 LMA 7 LA PALOMA I 6423 150.00
00 0 1532061 12/22 /2022 HORIZON PROFESS IONAL LANDSCAPE 2754687 4332000 NV22 LMA 7 LA PALOMA II 6423 150 .00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754693 4332000 NV22 LMA 7 LA PALOMA Ill 6423 130 .00
00 0 1532061 12/22 /2022 HORIZON PROFESS IONAL LANDSCAPE 2754694 4332000 NV22 LMA 7 SA PIPER COURT 6423 155.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2754695 4332000 NV22 LMA 7 SANP IPER COURT WEST 6423 160.00
00 01532061 12/22/2022 HORIZON PROFESSIONAL LANDSCAPE 2754696 4332000 NV22 LMA 7 HOVLEY COURT WEST 6423 235.00
00 0 1532061 12/22/2022 HORIZON PROFESSIONAL LANDSCAPE 2754697 4332000 NV22 LMA 7 PALM COURT 6423 105.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2784374 4332000 NV22 LMA 7 VfNEYARDS 6423 210.00
00 0 1532061 12/22/2022 HORIZON PROFESSIONAL LANDSCAPE 2794374 4332000 NV22 LMA 7 WARING COURT 6423 200.00
00 0 1532061 12/22/2022 HORIZON PROFESS IONAL LANDSCAPE 2804374 4332000 NV22 LMA 7 PALM GATE 6423 125 .00
00 0 1532061 12/22/2022 HORIZON PROFESSIONAL LANDSCAPE 2814374 4332000 NV22 LMA 7 THE GROVE 6423 475.00
Rep ort D ate 12/22 /2022 Page 7 Item 1C-28
City of Palm De sert
Check Register
12/22/2022 -12/22 /2022
Bank ID C heck Number Check Date Vendor ame Acco unt Number Transaction Desc Invoice Amount Paid
00 01532061 12/22 /2022 HORIZON PROFESS IONAL LANDSCAPE 2824373 4332000 NV22LMA 7 PRESIDENTS PLAZA lll 6423 475.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2834374 4332000 NV22 LMA 7 PORTOLA PLACE 6423 200.00
00 015 32061 12/22/2022 HORJZON PROFESSIONAL LANDSCAPE 2854374 4332000 NV22 LMA 7 KAUFMAN & BROAD 6423 930.00
00 01532061 12/22 /2022 HORJZON PROFESSIONAL LANDSCAPE 2864374 4332000 NV22 LMA 7 CANYO CREST 6423 270.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874374 4332000 NV22 LMA 7 COLLEGE ESTATES II 6423 300.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874680 4332000 NV22 LMA 7 THE BOULDERS 6423 475.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874681 4332000 NV22 LMA 7 SUNDANCE WEST 6423 265 .00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874682 4332000 NV22 LMA 7 PETUN IA I 6423 310.00
00 0 1532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874683 4332000 NV22 LMA 7 SUNDANCE EAST 6423 145 .00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 2874684 4332000 NV22 LMA 7 COLLEGE ESTATES I 6423 270.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LA DSCAPE 2994374 4332000 NV22 LMA 7 PALM D ESERT CC 6423 500.00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LA DSCAPE 4414195 4332000 ADDITIONAL FUNDS FOR SA D REMO 6452 39,600 .00
00 01532061 12/22 /2022 HORIZON PROFESSIONAL LANDSCAPE 4414 195 4332000 NV22 LMA 6-DESERT WILLOW PERI 6429 7,870.00
00 01532061 12/22/2022 HORIZON PROFESSIONAL LANDSCAPE 2774373 4332100 trash enclosure clean up PP I/ 6442 1,360.00
00 01532062 12/22/2022 HR GREEN PACIFIC INC 2334670 5000201 FINANCIAL REVIEW FOR THE NORTH 158188 800 .00
00 01532063 12/22/2022 ICMA I 104300 4363000 ICMA 2023 Member hip Dues -CG 549006-CG2023 200 .00
00 01532064 12/22/2022 IMPERIAL IRRIGATION D ISTRICT 1104250 4351400 Di nah Shore Dr/Shopper 50087402-NV22 49.66
00 01532064 12/22 /2022 IMPERIAL IRRIGATION DISTRICT I 104250 4351400 Dinah Shore Dr/M iriam 5008741 l -NY22 49.00
00 0 1532064 12/22/2022 IMPERIAL [R.RIGATION DISTRICT I 104250 4351400 72800 Dinah Shore Drive 50087423-NV22 70 .99
00 01532064 12/22 /2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 Dinah Shore Dr/Monterrey 50087432-NY22 82 .99
00 0 1532064 12/22 /2022 IMPERIAL IRRIGATION DISTRICT I 104250 4351400 Din ah Shore Dr/Monterey 50087443-NV22 51.33
00 01532064 12/22 /2022 IMPERIAL IRRIGATION DISTRJCT I 104250 4351400 Dinah Shore Dr/Miriam 50087452-NV22 74 .83
00 01532064 12/22 /2022 IMPERIAL IRRIGATION DISTRICT 1104250 4351400 3 7998 Gerald Ford Dr 50514026-NV22 45 .00
00 01532064 12/22 /2022 IMP ERIAL IR.RIGA TION DISTRICT I 104250 4351400 37996 Gerald Ford Dr Signal LT 50514028-NV22 70 .82
00 01532064 12/22/2022 IMPERIAL lRRlGA TION DISTRICT 11 04250 4351400 75396 Frank Si natra Dr 50540835-NV22 51 .99
00 01532064 12/22/2 022 IMP ERIAL IRRI GATION DISTRICT 1104250 4351400 75394 Frank Sinatra Dr St Ligh 50540839-NV22 45 .17
00 0 1532064 12/22 /2022 IMPERIAL IRRIGATION DISTRICT I 104250 435 1400 75398 Frank Sinatra Dr 50540840-NY22 56.00
Report Date 12/22 /2022 Page 8 Item 1C-29
City of Palm Desert
Check Regis t er
12/22/2022 - 12/22/2022
Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid
00 01532064 12/22/2022 IMPERIAL IRRJGATION DISTRICT 1104250 435 1400 33 108 Mont Safety Lt 50650535-NV22 133.52
00 01532064 12/22/2022 IMPERIAL IRRIGATION DISTRICT 11 046 14 4351400 34249 Monterey Ave 50488446-NV22 26.16
00 01532065 12/22/2022 lMPERJAL SPRINKLER SUPPLY lNC 1104611 4332001 irrigation supplies -Joe Mann 8739403-00 I 407 .8 0
00 01532066 12/22 /2022 lMPRESSIO DESIGN I 104310 4214000 Decals for safety jackets 14301 280 .1 5
00 01532067 12/22 /2022 JOE GONSALVES & SON CORP 11 04 11 2 4309000 JN23 Legis lative advocates. 160382 3,000 .00
00 01532068 12/22 /2022 JON'S FLAGS & POLES TNC 11 04340 4331000 door for llag pole -City Hall F87140 233.81
00 01532069 12/22 /2022 KI PALLAS TEXTILES 4504161 4400100 COUNCIL CHAMBERS SEA TTNG 14440791 50 ,115 .17
00 01532070 12/22/2022 KIPLfNGER LEITER, TH E 1104150 4362000 Subscription - I yr 6022870528 124 .00
00 01532071 12/22 /2022 LAWYERS TITLE COMPANY 2324370 5000455 Preliminary Report P627-22 622694235 400.00
00 01532071 12/22 /2022 LAWYERS TITLE COMPANY 2324370 5000455 Preliminary Report P627-22 622694236 400.00
00 0 1532071 12/22/2022 LAWYERS TITLE COM PANY 2324370 5000455 Pre liminary Report P627-22 622694364 400 .00
00 0 1532071 12/22/2022 LA WYERS T ITLE COM PANY 2324370 5000455 Pre liminary Report P627-22 622694365 400.00
00 0 1532071 12/22/2022 LA WYERS TITLE COMP ANY 2324370 5000455 Preliminary Report P627-22 622694751 400.00
00 01532071 12/22/2022 LA WYERS TITLE COMPANY 2324370 5000455 Pre liminary Report P62 7-22 622694752 400.00
00 01532072 12/22/2022 LOCK SHOP INC. 1104340 4219000 keys -C ity Hall AA00064648 44.09
00 01532072 12/22/2022 LOCK SHOP INC. 1104340 4331000 repair door -City Hall Al34789 280 .07
00 01532073 12/22/2022 LOWE'S HOME CENTERS INC. 1104310 42 19000 Safety supplies 902295 -111 822 215 .52
00 01532073 12/22/2022 LOWE'S HOME CENTERS IN C. 1104310 4391502 Graffiti su pplies 901576-120122 102 .79
00 01532073 12/22/2022 LOWE'S HOME CENTERS INC . 1104330 4331000 RIM Corp yard Bldg 90273 7-1 20222 551 .69
00 01532073 12/22 /2022 LOWE'S HOME CENTERS INC. 1104330 4331000 RIM Corp yard Bldg 903221-120622 268.29
00 01532073 12/22/2022 LOWE'S HOME CENTERS INC. 11 04340 4219000 hand dolly's -City Hall 901440-11 2822 279.44
00 01532074 12/22/2022 MATICH CORPORATION 2110000 2060000 RTNT Pl 16076/C43l30 RTNT PP#03 -8,667.65
00 01532074 12/22/2022 MATICH CORPORATION 2110000 2060000 RTNT Pl 16076/C43130 RTNT PP#04 -14,070.13
00 01532074 12/22/2022 MATICH CORPORATION 211431 I 4391505 COOK ST. IMPOVEMENT-SBI FUNDS PP #03 173,352.83
00 01532074 12/22/2022 MA TICH CORPORATION 2 1143 11 4391505 COOK ST. JMPOVEMENT-SBI FUNDS PP#04 281 ,402 .65
00 01532075 12/22/2022 MAXWELL SECURITY SERV ICES 1104340 4309000 PROVID E AFTER-HOURS PHYSI CAL 22 121 81 400.00
00 01532076 12/22/2022 MOBILE MIN I 1104159 4391902 COV ID Testing Site Mobi le 9016059846 913.61
Report Date 12 /22 /2022 Page 9 Item 1C-30
c' City of Pa lm D esert
Check Register
12/22/2022 -12/22/2022
Bank ID Check N umb er Check Date Ve ndor N am e A ccount N umber Tra nsaction Desc In voice A mount Paid
00 0 1532076 12/22/2022 MOB ILE MINI 1104 159 439 1902 COVID Testing Site Generator 90 16077666 1,610.86
00 01532077 12/22/2022 MOWERS PLUS INC 1104331 4334000 PERFORM AS NEEDED REPAIRS TOT 263754 35.92
00 01532078 12/22/2022 NV5 INC 4004256 4400100 UNDERGROUNDING SUPPORT SERVICE 303214 517 .50
00 01532079 12/22/2022 OTIS ELEVATOR CO I 104330 4309000 DC22 ELEVATOR SVC-CORP YARD 100400978058 209.20
00 01532079 12/22/2022 OTIS ELEV A TOR CO 5 104 195 4369500 DC22 ELEVATOR SVC SHERJFF SS 100400976550 206.02
00 01532080 12/22/2022 OZZIE'S INTERNATIONAL TIRE & AUTO 1104331 4334000 VEH#61GENERALFLEETREP 31953 947.76
00 01532080 12/22/2022 OZZTE'S INTERNATIONAL TIRE & AUTO 110433 1 4334000 VEH#65 GENERAL FLEET REP 31979 618 .56
00 01532080 12/22/2022 OZZIE'S INTERNATIONAL TIRE & AUTO 110433 1 4334000 VEH#57 GENERAL FLEET REP 31988 517.00
00 0 1532080 12/22/2022 OZZIE'S INTERNATIONAL TIRE & AUTO 11 0433 1 4334000 VEH#66 GENERAL FLEET REP 32069 760.39
00 01532081 12/22/2022 PA INTERS WAREHOUSE OF PALM DESERT 1104310 4391502 Graffiti supplies 2211 -184601 101.81
00 01532082 12/22/2022 PALM DESERT ACE HARDWARE 1104340 4219000 building supplies -City Hall 239006 55 .20
00 01532082 12/22/2022 PALM DESERT ACE HARDWARE 1104611 4219000 hose adapter -Freedom 239038 19.37
00 0 1532083 12/22/2022 PARKHOUSE TIRE INC . 1104331 4334000 VEH#56 TIRE REPAIR/REPLACEMENT 2030220550 896.78
00 01532084 12/22/2022 PATTON DOOR & GATE 1104330 4331000 RIM OVERHEAD DRS -CORPORA TIO 89323 125 .00
00 01532084 12/22/2022 PATTON DOOR & GATE 1104330 4331000 RIM OVERHEAD DRS -CORPORATION 89324 125.00
00 0 1532084 12/22 /2022 PATTON DOOR & GA TE 2304220 4331000 RIM OVERHEAD DRS -FIRE ST A TIO 89322 250.00
00 0 1532084 12/22 /2022 PATTON DOOR & GATE 2304220 433 1000 RIM OVERHEAD DRS - FIRE STA TIO 89326 250 .00
00 0 1532084 12/22 /2022 PATTON DOOR & GATE 2304220 4331000 RIM OVERHEAD DRS-FIRE STA TIO 89327 250 .00
00 01532084 12/22 /2022 PATTON DOOR & GATE 2304220 4331000 RIM OV ERHEAD DRS -FIRE STA TIO 889 10 125 .00
00 0 1532085 12/22 /2022 POWERFUL PEST MANAGEMENT 1104340 4331000 ADD IT IONAL PEST CONTROL SERVIC 273 192 250.00
00 01532086 12/22 /2022 POWERSTRJDE BATTERY COMPANY INC 1104331 4334000 Golf cart repairs P696855 318.85
00 01532087 12/22 /2022 PS Appraisals lnc 1104430 4309000 Appraisals for COPD properties 0355 -1122 550.00
00 0 1532088 12/22/2022 READ W ITH ME VOLUNTEER PROGRAMS I 104800 4388000 Outside Agency FY 22-23 C43480J 5,000.00
00 0 1532089 12/22 /2022 SIGNATURE TRUCK TOPS 1104331 4334000 RIM Fleet #87 leased 8156 1,136.58
00 0 1532090 12/22/2022 SIMPLOT PARTNERS 1104310 4219000 Safety supp li es 208140357 27 .93
00 01532090 12/22/2022 SIMPLOT PARTNERS 110433 1 4334000 RIM Fleet #386 City owned 208140386 52.81
00 0 1532090 12/22 /2022 SIMPLOT PARTNERS 110433 1 4334000 RIM Fleet #386 City owned 208140537 23.10
Report Date 12/22/2022 Page 10 Item 1C-31
City of Palm Desert
Check Register
12/22/2022 -12/22/2022
Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid
00 01532090 12/22/2022 S IMPLOT PARTNERS I 104610 4332001 FERTILIZER -PARKS 208140251 I , 187.4 1
00 01532091 12/22/2022 SO CAL GAS 8734492 4400100 DC22 PDHA-42162 Ve rdin Ln l 2 l 82805700DC22 0 .33
00 01532091 12/22 /2022 SO CAL GAS 8734492 4400100 NV22 PDHA-42162 Verdin Ln l 2 l 82805700NV22 10 .09
00 0 153209 1 12/22/2022 SO CAL GAS 11 04330 4351200 74605 42nd Ave SHOP 05382896 I 49-DC22 42.92
00 01532091 12/22/2022 SO CAL GAS 1104340 4351200 73 510 FW City Hall 2009271000 l-NV22 371.07
00 0 1532092 12/22 /2022 SOUTHERN CALIFORNIA E DI SON 110425 0 4351400 PD Srv Area 19 LS-1-E 700400365524NV22 3,199 .10
00 01532092 12/22/2022 SOUTHERN CALIFORNIA E DISON 1104250 4351400 (14) SHEPHERD N/O CHTNOOK 700413 9502 7INV22 16 .28
00 0 1532092 12/22 /2022 SOUTHERN CA LIFORNI A ED ISON I 104250 4351400 (16) A STREET S/O 42ND 700413950271 NV22 28 .61
00 01532092 12/22 /2022 SOUTHERN CALIFO RNIA EDISON I 104250 4351400 (2 1) DAISY/SHEPARD 7004 13 95027 1 NV22 14.40
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON I 104250 435 1400 (28) A lpin e & Shepherd 70041395027 1NV22 14.40
00 0 1532092 12/22/2022 SOUTHERN CALIFO RNI A EDISON I 104250 4351400 (29) (S hep ard Lane / Scholar L 7004 1395027 1 NV22 28.61
00 0 1532092 12/22 /2022 SOUTHERN CALIFORN IA EDISON 11 04250 435 1400 (32) (Jeri Lane) 700413950271NV22 16.28
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 1104250 4351400 (33) SHEPHERD /PORTOLA 7004l395027I NV22 I6.28
00 0 1532092 12/22 /2022 SOUTH ER CALIFO RN IA EDI SON 11 04250 435 1400 (34) PETUNIA II (Wi ndfl ower/Sh 700413950271 NV22 14.40
00 01532092 12/22/2022 SOU TH ERN CA LIFORN IA EDISON I 104250 435 1400 (35) COLLEGE VIEW Ill (Acad/Sh 7004 13 950271 NV22 14.40
00 01532092 12/22/2022 SOUTHERN CALIFO RNIA EDISON I 104250 4351400 Traffic lamps LS-2 70052404 5271NV22 292 .14
00 01532092 12/22/2022 SOUTHERN CALIFO RNI A EDISON I 104250 4351400 Street lit es LS-3 600001510277NV22 457 .69
00 0 1532092 12/22/2022 SOUTHERN CALIFOR l A ED ISON I 104250 4351400 TRAFF IC S IGN ALS TC-I 60000 1002544NV22 7,481.95
00 01532092 12/22 /2022 SOU TH ERN CALIFOR IA EDISON 11043 30 4351400 74705 42nd PED 700 l l 7253442NV22 1,586.73
00 0 1532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 1104340 4351400 43980 1/2 San Pab lo Rd 70033928 1893NV22 4,008 .32
00 01532092 12/22/2022 SOUTHERN CALIFORN IA EDISON 1104340 4351400 73510 FW City Hall 700 I 1600861 0NV22 7,121.23
00 0 1532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 1104344 4351400 45480 Portola CC 7004 18878578NV22 1,062.86
00 0 1532092 12/22 /2022 SOUTH ERN CALIFORNIA EDISON 11046 10 4351400 737 IO FW Pumpsta tion 700169234934 NV22 4,779 .78
00 01532092 12/22 /2022 SOU TH ERN CA LI FO RNI A EDISON 11046 10 4351400 CC Park -San Pab lo 700167703344NV22 4,419 .30
00 01532092 12/22/2022 SOUTHERN CALTFORNlA EDISON 11 046 14 4351400 Street Power PEDESTALS 70001 90 19320NV22 2,534.43
00 0 1532092 12/22/2022 SOUTHERN CA LI FO RNI A ED ISON I 1046 14 435 1400 43556 l /2 San Pab lo 700654070741 NV22 139.63
00 01532092 12/22 /2022 SOUTHERN CALIFORN IA ED ISON 2424549 4351400 7375 1 Magnes ia Fa ll s Dr POOL 7000 I 92 I 9986N V22 9,398.94
R eport Date 12/22 /2022 Page 11 Item 1C-32
City of Palm Desert
C Check Register
12/22/2022 -12/22/2022
Bank ID Check umber Check Date Vendor Name Account Number Transaction Desc Invoice A mount Paid
00 01532092 12/22/2022 SOUTHERN CALIFORNIA ED ISON 2724374 435 1400 (6) PARKVIEW ESTATES 700413950271NV22 449.05
00 01532092 12/22/2022 SOUTHERN CALIFOR IA EDISON 2734680 4351000 (3) Desert Mirage 7000 I 7585033NV22 19.24
00 01532092 12 /22 /2022 SOUTHERN CALIFORNIA EDISON 2734680 4351400 (7) DESERT MIRAGE/COOK 7004l395027INV22 73.68
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 2734681 4351400 (8) SANDCASTLES 700413950271 NV22 174.03
00 0 1532092 12/22 /2022 SOUTHERN CALIFORN IA EDISON 2734682 4351000 ( 4) Pr im rose 7000 I 7585033NV22 15.37
00 01532092 12/22 /2022 SOUTHER CAUFORNIA EDISON 2734682 4351400 {12) HOVLEY/HEMMTNGWAY 7004l395027INV22 24 .77
00 0 1532092 12/22 /2022 SOUTHERN CALTFORNIA EDISON 2754643 4351400 (25) DIAMONDBACK 700413950271NV22 14.40
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 2754680 4351000 (21) Monterey Meadows 700017585033NV22 15 .21
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA ED ISON 2754680 4351400 (1) MONTEREY /MEAD. ASSMT 700413950271 NV22 7 1.61
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2754681 4351000 (20) The Glen 7000l 7585033NV22 15.71
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA ED ISON 2754682 4351000 ( 18) Hovlcy Estates 7000 I 7585033NV22 34 .37
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2754683 4351000 ( 19) Sonata I 700017585033NV22 15.94
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 2754683 4351400 (3) SONATA-HOVLEY 700413950271NV22 14.40
00 01532092 12/22/2022 SOUTHERN CALIFORNIA ED ISON 2754684 4351000 (5) Sonata II 7000 l 7585033NV22 16.16
00 01532092 12/22/2 022 SOUTHERN CALIFORNIA EDISON 2754684 4351400 (4) HOVLEY-POSADA-FONDA 700413950271 NV22 32 .73
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2754685 4351000 (7) Hovley Collection 7000l7585033NV22 30.74
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2754685 4351400 (10) HOVLEY COLLECTION 700413950271 NV22 32 .73
00 01532092 12/22 /20 22 SOUTHERN CALIFORNIA ED ISON 2754686 4351000 (8) La Paloma I 7000l 7585033 NV22 34.3 7
00 01532092 12/22/2 022 SOUTHERN CALIFORNIA ED ISON 2754686 4351400 (13) AVE ARCADIA/HOVLEY 700413950271 NV22 14.40
00 01532092 12/22/2 022 SOUTHERN CALIFORNIA ED ISON 2754687 4351000 (10) La Paloma II 7000 I 7585033NV22 15 .37
00 0 1532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2754687 4351400 (17) AVE . ROSARJO/HOVLEY 700413950271 NV22 14.40
00 0 1532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 2754693 4351000 (14) La Paloma Ill 7000l 7585033NV22 15.71
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2754694 4351000 ( 11) Sandpiper 7000 l 7585033NV22 31 .08
00 0 1532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2754694 4351400 (22) HOVLEY LN /SANDPIPER 7004l395027INV22 14.31
00 0 1532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2754695 4351000 (12) Sandpiper West 700017585033NV22 31 .08
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 2754695 4351400 (23) HOVLEY LN /SANDPIP ER W 700413950271 NV22 14 .30
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA ED ISON 2754696 4351000 (13) Hovley West 7000 I 7585033NV22 15.00
R eport Date 12 /22 /2022 Page 12 Item 1C-33
City of Palm Desert
Check Register
12/22/2 022 -12 /22 /2022
Bank ID Check Number Check Date Vendor ame Account Number Transaction Desc Invoice Amount Paid
00 01532092 12/22/2022 SOUTHERN CALIFO RNI A ED ISON 275 4696 4351400 (2 4) 40764 Hovle y Ct 7004 1395027 1 NV22 14.40
00 01532092 12/22/2022 SOUTHERN CALIFO RNIA ED ISON 275 4697 4351400 (18) PALM CT/HOVLEY LN 7004 13 95027 1 NV22 14.40
00 0 15 32092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2764374 4351000 (I ) Canyon Cove 7000 I 7585033NV22 34.48
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2764374 4351400 (2) HAYSTACK LIGHTING DIST. 70041395027 1 NV22 37 .63
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 2774373 4351400 (22) Presi dents Plaza E/W 7000 I 7585033NV22 270.16
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 2784374 4351000 (2) Vineyards 700017585033NV22 15.37
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDIS ON 2784374 4351400 (5) VINEY ARD S 7004 1395027INV22 121.57
00 01532092 12/22 /2022 SOUTHERN CALIFORN IA EDIS ON 28 14374 4351000 (6) The Grove 700017585033NV22 29.87
00 01532092 12/22 /2022 SOUTHERN CALIFORN IA E DISON 28 14374 4351400 (9) GROVE 7004 1395027 1 NV22 354.42
00 0 1532092 12/22 /2022 SOUTHERN CALIFORN IA ED IS ON 2824373 435 1400 ( 15) Presidents Plaza Ill 7000l 7585033NV22 169.99
00 0 15 32092 12/22 /2022 SOUTHERN CALIFORN IA EDI SON 2824373 4351400 (23) Presidents Plaza Ill 7000 l 7585033NV22 62 .87
00 0 1532092 12/22 /2022 SOUTHERN CALIFORN IA EDI SON 2834374 435 1000 ( 17) Portola Pl ace 7000 I 7585033NV22 15 .37
00 0 15 32092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2854374 4351000 (9) K& Bat PD 7000 I 7585033NV22 16.41
00 01532092 12/22 /2022 SOUTH ERN CA LIFORNIA EDIS ON 2854374 435 1400 (19) FRANK SI ATRA W/O PORTOLA 700413950271 NV22 32 .73
00 01532092 12/22 /2022 SOUTHERN CALIFORN IA ED ISON 2874374 435 1400 (20) COLLEGE V IEW/SHEPPARD 700413950271 NV22 28.6 1
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDI SON 2874 681 435 1400 (30) SUNDANCE W (Kokopell i / S 7004l3950271NV22 14.40
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA E DISON 28 74682 4351400 (26) PETUNIA I (Petuni a / Shep 70041395027 1 NV22 14.40
00 01532092 12/22 /2022 SOUTH ERN CALIFORN IA ED ISON 2874682 435 1400 (27) PETUNIA I (W Petu11ia/Shep 70041395027 1 NV22 14.40
00 01532092 12/22 /2022 SOUTHERN CALIFORN IA EDIS ON 2874683 435 1400 (31) SUNDANCE E (C hinook / She 70041395027 1 NV22 14.40
00 01532092 12/22 /2022 SOUTHERN CALIFORN IA ED IS ON 2994374 435 1000 (16) Palm Desert CC 700017585033NV22 21.96
00 0 15 32092 12/22 /2022 SOUTHERN CALIFORN IA EDISON 2994374 435 1400 (11 ) PALM DESE RT C.C. 700413950271 NV22 2,650 .8 1
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 2994374 435 1400 (15) MICHIGAN I CA 70041395027 1NV22 90 .62
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDI SON 5 104 195 4351400 737 10 FW Dr Ste 116 7003394 17 I 88NV22 64.23
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 5 1041 95 435 1400 73720 FW STE I00A 700066496069NV22 777.93
00 01532092 12/22/2022 SOUTHERN CALIFORNIA EDISON 5104195 4351400 (1) 73710 & 73720 FW STE 700485 107 855NV22 2,590 .72
00 01532092 12/22/2022 SOUTHERN CALIFORNI A EDI SON 5 1041 95 4369601 (2) 73710 FW Dr DR2 / HM I 700485107855NV22 691.00
00 01532092 12/22 /2022 SOUTHERN CALI FORN IA EDI SON 5 1041 95 4369602 (3) 73720 FW Dr HM 700485 107 855NV22 403 .75
Report Date 12/22 /2022 Page 13 Item 1C-34
) ) City of Palm Desert
1 1 Check Register
12/22/2022 -12/22/2022
Bank ID Check Number Check Date Vendor Name Account Number Transaction Desc Invoice Amount Paid
00 01532092 12/22 /2022 SOUTHERN CALIFORNIA EDISON 8734492 4400100 DC22 PDHA-42162 Verdin Ln 700744861024DC22 225.73
00 01532093 12/22 /2022 STATE WATER RESOURCES CONTROL 1104396 4400100 Annual Penni! Fee 7/1/22 -6/30/ SW-0246230 17,666.00
00 01532094 12/22/2022 TILDEN-COIL CONSTRUCTORS INC 4500000 2060000 RTNT Pl l 5697/C342400 RTNTPP#06 -1,486.14
00 01532094 12/22 /2022 TILDEN-COIL CONSTRUCTORS INC 4504161 4400100 DESIGN-BUILD OF THE DEVELOPMEN PP#06 29,722.90
00 01532095 12/22/2022 TOPS N BARRJCADES INC. 11 04331 4334000 RIM Fleet #72 City owned 1097280 456.75
00 01532096 12/22/2022 VECTORUSA 4500000 2060000 RTNT Pl 16095/C43860 RTNT94942 -1 ,11 9.32
00 01532096 12/22/2022 VECTOR USA 4504 161 4400100 SECURITY CAMERA INST ALL -94942 22,386.54
00 01532097 12/22/2022 VERIZON WIRELESS 1104154 4219100 DC22-EOC Phone Services 9922328311 355.01
00 0 1532097 12/22/2022 VERIZON WIRELESS 1104300 4365000 DC22 Pub li c Works/Cell Mifi 9922328311 91.21
00 01532098 12/22/2022 VI T AGE ASSOC IA TES 1104611 4332001 EXTRAS -PARKS 226914 564.13
00 01532098 12/22/2022 VI TAGE ASSOCIATES 1104611 4332001 EXTRAS -PARKS 2269 16 1,260.21
00 01532099 12/22/2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CH EM ICAL ACQUISITION SERVICES 5603348 1,277.11
00 01532099 12/22/2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEMICAL ACQUISITION SERVICES 5613182 1,153 .36
00 01532099 12/22/2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEM ICAL ACQUISITION SERVICES 561377 1 720 .85
00 01532099 12/22/2022 WATERLINE TECHNOLOGIES INC 2424549 4211100 CHEM ICAL ACQUISITION SERVICES 5613844 204.47
00 01532100 12/22/2022 WEST COAST ARBORISTS INC 11 046 10 4332001 MISC TREE WORK-CIVIC CTR PAR 192981-A 1,659.50
00 01532100 12/22/2022 WEST COAST ARBORJSTS IN C 11046IO 4332001 HARDWOOD PRUNING -CC PARK 192982-A 4,766.00
00 01532100 12/22/2022 WEST COAST ARBORISTS IN C 1104614 4337001 MISC TREE WORK-MEDIANS 192981-A 11 ,300.95
00 01532100 12/22/2022 WEST COAST ARBORJSTS INC 11 046 14 4337001 HARDWOOD PRUNI G -MEDIANS 192982-A 24 ,425.75
00 01532100 12/22/2022 WEST COAST ARBORJSTS IN C 2754682 4309500 HARDWOOD PRUNING-HOVLEY ESTA 192982-A 714.90
00 01532100 12/22/2022 WEST COAST ARBORISTS INC 28743 74 4309500 HARDWOOD PR UNING -COLLEGE V IE 192982-A 119.15
00 01532100 12/22/2022 WEST COAST ARBORISTS IN C 2874684 4309500 HARDWOOD PRUNING -COLLEGE VIE 192982-A 2,144.70
00 01532100 12/22/2022 WEST COAST ARBORISTS IN C 4414195 4332000 MISC TREE WORK -DESERT W ILLOW 19298 1-A 2,489.25
Report D ate 12/22/2022 Page 14 Item 1C-35
Bank ID C heck N umber C heck Date
Audited and Found Correct
R ep ort D a te 12 /22 /2022
Ve ndor N am e
Examined and Approved
Katlttee11 Kett11
Kathleen Kelly (Dec 22 , 2022 1½s PST)
Mayor or Mayor Pro-Tern
City of P alm Desert
Check Register
12/22/2022 -12/22 /2022
A ccount N umb er
Page
T ra ns action D es c
Examined and Approved
-~ii!J/r=: <lHim7 (Dec 22, 2022 17:27 EST)
City Manager
15
Invoice A mount Paid
Total For Ba nk ID -00
1,188,184.98 Item 1C-36
Item 1C-37
Item 1C-38
Item 1C-39
Item 1C-40
Item 1C-41
Item 1C-42
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To : BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE , DEPUTY CITY CLERK
From :
Date : December 20 , 202a
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
THE VENUE SUSHI BAR AND SAKE LOUNGE ; 73111 EL PASEO STE 103, PALM DESERT , CA 92260-4269
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 Tuesday, December 27 , 2022 .
Responding Department: Building and Safety
Response:
[Z] No comment -okay to present to City Council.
D Refer to
Date: January 3, 2023
-related comments
(attach additional sheets , if necessary): ______________ _
D Other -Additional comments (attach additional sheet s , if necessary):
Item 1D-1
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To : BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE , DEPUTY CITY CLERK
From:
Date: December 20 , 202a
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
THE VENUE SUSHI BAR AND SAKE LOUNGE ; 73111 EL PASEO STE 103 , PALM DESERT, CA 92260-4269
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 Tuesday, December 27 , 2022 .
Responding Department: Development Services : PlannindE]Date: December 29 , 2022
Response:
[Z] No comment -okay to present to City Council.
D Refer to -related comments
(attach additional sheets , if necessary): ______________ _
D Other -Additional comments (attach additional sheets , if necessary):
Item 1D-2
Department of Alcoholic Beverage Control State of California
APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S)
ABC 211 (6199)
TO:Department of Alcoholic Beverage Control
34-160 GATEWAY DR.
STE 120
File Number: 642900
Receipt Number: 2767750
Geographical Code: 3318
PALM DESERT, CA 92211
(760) 324-2027
Copies Mailed Date: December 15, 2022
Issued Date:
DISTRICT SERVING LOCATION: PALM DESERT
First Owner:
Name of Business:
Location of Business:
County:
Is Premises inside city limits?
Mailing Address:(If different
from
premises address)
Type of license(s):
Transferor's license/name:
License Type
47 -On-Sale General Eating Place
License Type
Application Fee
47 -On-Sale General Eating Plac<
ONURAL GROUP, LLC
THE VENUE SUSHI BAR & SAKE LOUNGE
73111 EL PASEO
STE 103
PALM DESERT, CA 92260-4269
RIVERSIDE
Yes Census Tract:
39575 DESERT SUN DR
RANCHO MIRAGE, CA 92270-3658
0451.17
47 Dropping Partner: Yes
487939 I VERA, SOFIA
Transaction Tvoe Master Seconda!)'. LT And Count
ICO y
Transaction Description Fee Code Dup Date Fee
INT ER-COUNTY TRANSFER NA 0 10/08/22 $6,275 .00
ANNUALFEE P40 12/15/22 $1,290.00
Total $7,565 .00
Have you ever been convicted of a felony? No
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? No
STATE OF CALIFORNIA
Applicant Name(s)
ONURAL GROUP, LLC
County of RIVERSIDE Date: October 8, 2022
No
Item 1D-3
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To : BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE , DEPUTY CITY CLERK
From :
Date : December 19 , 202a
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
SHOREBIRD 73061 El Paseo STE 8 Palm Desert , CA 92260
A copy of the subject ABC License App li cat ion is attached for your review and
recommendation to the City Council or to anothe r department(s) for further act ion . A
response is required . Please mark the approp ri ate response below and return to
my office by Monday, December 26 , 2022 .
Responding Department: Development Services : Plannin dE!Date: December 29, 2022
Response:
[Z] No comment -okay to present to City Council.
D Refer to -related comments
(attach additional sheets , if necessary): ______________ _
D Other -Additional comments (attach addit ional sheets , if necessary):
Item 1D-4
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To : BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE , DEPUTY CITY CLERK
From :
Date : Decembe r 19 , 202a
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
SHOREBIRD 73061 El Paseo STE 8 Palm Desert, CA 92260
A copy of the subject ABC License Application is attached for your review and
recommendat ion to the City Council or to another department(s) for further action . A
response is requ ired . Please mark the appropriate response below and return to
my office by Monday, December 26 , 2022 .
Responding Department: Building and Safety
Response:
[Z] No comment -okay to present to City Counci l.
D Refer to
Date: January 3. 2023
-related comments
(attach additional sheets , if necessary): ______________ _
D Other -Additional comments (attach additional sheets , if necessary):
Item 1D-5
Department of Alcoholic Beverage Control
APPLICATION FOR ALCOHOLIC BEVERAGE LIC
ABC 211 (6/99)
TO: Department of Alcoholic Beverage Control
34-160 GATEWAY DR .
STE 120
PALM DESERT, CA 92211
(760) 324-2027
DISTRICT SERVING LOCATION: PALM DESERT
File Number: 642064
Receipt Number: 2762837
Geographical Code: 3318
Copies Mailed Date: November 18, 2022
Issued Date: ·
First Owner:
Name of Business :
SHOREBIRD EL PASEO LLC
SHOREBIRD
Location of Business: 73061 EL PASEO
STE8
PALM DESERT, CA 92260
County : RIVERSIDE
Yes Census Tract: 0451.17 Is Premises inside city limits?
Mailing Address:(lf different
from
100 WILSHIRE BLVD STE 700
SANTA ONfCA, CA 9041>1-3602
premises address)
Type oflicense(s): 47
Transferor's license/name:
License Type Transaction Type
47 -On-Sale General Eating Place ORI
License Type
Application Fee
4 7 -On-Sale General Eating Plac<
Transaction Description
ADD PRIMARY LICENSE TYPE
ANNUAL FEE
Have you ever been convicted of a felony? No
Fee Code
NA
P40
Dropping Partner : Yes
Secondary LT And Count
Dup Date Fee
0 09/30/22 $16,560.00
0 11/16/22 $1,290 .00
Total $17 ,850.00
Have you ever violated any provi sio ns of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? No
No_
STATE OF CALIFORNIA
Applicant Name(s)
County of RIVERSIDE Date: September 30, 2022
SHOREBIRD EL PASEO LLC
Item 1D-6
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To : BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE , DEPUTY CITY CLERK
From :
Date : December 19 , 202a
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
Cowboy Cantina 72620 El Paseo Palm Desert, CA 92260 -3321
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 be low and return to
my office by Monday, December 26 , 2022 .
Responding Department: Development Services : PlannindE]Date: December 29, 2022
Response:
I ✓ I No comment -okay to present to City Council.
D Refer to -related comments
(attach additiona l sheets , if necessary): _____________ _
D Other -Additional comments (attach additional sheets , if necessary):
Item 1D-7
CITY OF PALM DESERT
CITY CLERK DEPARTMENT
INTEROFFICE MEMORANDUM
To: BUILDING AND SAFETY DIVISION AND PLANNING DIVISION
MICHELLE NANCE , DEPUTY CITY CLERK
From :
Date : December 19 , 202a
Subject: APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE(S) BY:
Cowboy Cantina 72620 El Paseo Palm Desert , CA 92260-3321
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, December 26, 2022 .
Responding Department: Build ing and Safety Date: January 3, 2023
Response:
I ✓ I No comment -okay to present to City Council.
D Refer to -related comments
(attach additional sheets , if necessary): _____________ _
D Other -Additional comments (attach additional sheets , if necessary):
Item 1D-8
Department of Alcoholic Beverage Control State of California
~~~~~TI0N FOR ALCOHOLIC BEVERAGE LICEN ffi NDITIONAL
TO:Department of Alcoholic Beverage Control
34-160 GA TE WAY DR.
STE 120
File Number: 641831
Receipt Nwnber: 2762656
Geographical Code: 3318
PALM DESERT, CA 92211
(760) 324-2027
Copies Mailed Date: November 15, i022
Issued Date:
DISTRICT SERVING LOCATION : PALM DESERT
First Owner: DESERT COWBOY USA LLC
Name of Business :
Location of Business:
County:
Is Premises inside city limits?
Mailing Address:(lf different
-trom
premises address)
Type of license(s):
Transferor's license/name:
License Type
4 7 • On-Sale General Eating Place
License Type
Application Fee
4 7 -On-Sale General Eating Place
COWBOY CANTINA
72620 EL PASEO
PALM DESERT, CA 92260-3321
RIVERSIDE
Yes
41995 BOARDWALK
STEJ
PALM DESERT, CA 92211 -9065
47
Transaction Type Master
ORI y
Transaction Description Fee Code
ADD PRIMARY LICENSE TYPE NA
ANNUAL FEE P40
Have you ever been convicted of a felony? No
Census Tract: 0451.16
Dropping Partner: Yes
Second!!Q'. LT And Count
Dup Date Fee
0 09/29/22 $16 ,560 .00
0 11/15/22 SI ,290.00
Total $17,850.00
Have you ever violated any provisions of the Alcoholic Beverage Control Act, or regulations of the
Department pertaining to the Act? No
No
STATE OF CALIFORNIA
Applicant Narne(s)
County of RJVERSIDE Date: September 29, 2022
DESERT COWBOY USA LLC
... ,-
!!~ C) ... (.) 9 "-Oo.,.:
Wen• X
>•1&1 a:(
-:IICII) ""•w C"')
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Item 1D-9
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CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Shawn Muir, Senior Management Analyst
REQUEST: CONSIDER REQUEST BY MR. RAFAEL BALLEJOS TO APPROVE FEE
WAIVER FOR REMEMBRANCE FOR VICTIMS OF COVID-19 EVENT
RECOMMENDATION:
Consider request by Mr. Rafael Ballejos to approve fee waiver for Remembrance for Victims of
COVID-19 event at Civic Center Park including a temporary waiver for Section 11.01.140
(Amplified Sound in City Parks) of the City of Palm Desert Municipal Code.
BACKGROUND/ANALYSIS:
The purpose of the Remembrance for Victims of COVID-19 event is to provide a platform for
those who would like to express how their loved one, family member, or friend lived as a person
and as a community member.
During the event, each member of the public who would like to speak will be given a limited time
to share their thoughts. The event organizer, Refael Ballejos will host the entire event. Mr.
Donnie Cook assisted in organizing the event in remembrance of his sister, Julie Hinkle Cook
who was a victim of COVID-19.
FINANCIAL IMPACT:
The applicable fees for use of the park for this event includes a $230 facility use fee, a $20
administration fee, and a refundable $100 cleaning deposit. The facility use fee is collected by
DRD on the City’s behalf and remitted to the City. The administration fee is retained by DRD.
Staff is conveying the request from Mr. Ballejos to waive the $230 facility use fee. Staff
recommends charging the $20 administration fee, and the refundable $100 cleaning deposit.
Description Duration Rate Total
Civic Center Park Amphitheater 1 day $230 / day $230.00
Administration Fee $20.00
Cleaning Deposit $100.00
Proposed Waiver of Fees -$230.00
Total $120.00
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
I I
I I
Item 1E - 1
ATTACHMENTS:
1. Facility Use Application
Item 1E - 2
._I _1n_su_r_an_c_e_o_~i_F_o_rm_50_1_c _3 n i Depos it Fee o J Rental Fee o J Signed App. o ! _E_m.,_p_. l_ni_tl _al_s ____ _,
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This application , vdlen properly filled oul approved and signed by Ille District Manage< or his authorized representative becomes a permit to use
the facilities descri bed for the time(s) and purpo$e herein set forth . The applican t agrees to abide by the terms. rules and regula tions ol thi s permit
set forth on the atta ched pages and other regula tion s of ORO es tablished for tho use of these premises and to pay such fees as may be required .
A
Non-Profit: Y -N
City :
Phone: Alt Phone:
Treasurer: Phone :
Scheduler: Phone:
Facility
Name and Location:
Frequency of Use: Ono time I Monthly I Bi-Weekly I Weekly
Clrete On •
Start Date:
Start T ime:
Use of kitchen: y
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End Time :
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I. the undersigned , In consideration of th e use of lhe above noted premises, hereby agree to abide by ond enforce the rules and regula!lons
pertaining to the use of the facli Ues requested. I save a'ld hold harmles s and Ind emnify th e Desert Recreation District and its representatives
from any and al claims of llabl,ity resulting from the use of such facili ti es , while under my organization's jurisdiction .
I fu'1her und ers tand that I / my organization will be held responsible in case of d amage to any part of the facility being used by the
orgaruation I ,-, s nt. W w'JI pay for r airs or replacement of any equipment and/or item (s) damaged during the usage or sa id fa cility
and agree to rv e II ne essa bor I to/etum Lile facility In a clean and orderly condition .
S ignat ure Date
Desert Recrea li on D istrict ■ Phone: 760-347-3484 ■ Address: 45-305 Oasis St In di o, CA. 92201
1
Item 1E - 3
WAI VER AND RELEASE OF LIABILITY AGREEMEN T TO INDEMNIFY DISTRICT
The undersigned hereby acknowledges that he/she/they ag r ee to rent from ORD the above-mentioned facility. In connection herewith, the undorslgned hereby releases ORD, its present and fulure directors, officers, employees, agents and representatives from any and all claims, costs, e xpenses, demands, debts, controversies, damages and cau ses o f action, wh ich th e unders igned may now have or may herea fte r have by reason of use and/or rental of the property. Except as may result from the sole negl~ OLwillfulmisconduclof uDnRuD-------------
The undersigned further agrees to indemnify and hold harmless ORD from any and all cl aim s, cost, e xpenses, domands, deb ts, controve rsies, damages and causes of action, including claims of exposure to communicab le diseases, of any third party arising from the use and/or rental of the property during the time period the property ts rented to the undersigned.
The undersigned further a grees to waive any and all rights provided by Section 1542 of the California Civil Code which provides: "A general reloase does not extend to claims which the creditor does not know or suspect to exist in favor at the time or executing the release which, if known to him, must have materially affected his settlement v.~t h the debtor."
THE UNDERSIGNED HAS CAREFULLY READ THIS AGREEMENT ANO FULLY UNDERSTANDS ITS CONTENTS. THE UNDERSIGNED IS AWARE THAT THIS IS A RELEASE OF LIABILITY BETWEEN THE UNDERSIGNED AND ORD AND/OR ITS AFFILIATES A ND ORGANIZAT IONS AND S IGNS I T OF HI S/HER FREE W ILL.
--:-,,---------20 ___ in _________ Califomia
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Auth orized ORD Signature
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Item 1E - 4
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Item 1E - 5
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Item 1E - 6
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Shawn Muir, Senior Management Analyst
REQUEST: CONSIDER REQUEST BY MR. BRYAN LOPEZ TO APPROVE
TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES FOR
FUTURE FOOD MARKET AT CIVIC CENTER PARK
RECOMMENDATION:
Consider request by Mr. Bryan Lopez to approve a temporary waiver of Palm Desert Municipal
Code Sections 11.01.140 (Amplified Sound in City Parks) and 11.01.080 Q (Vendor Sales in
City Parks) for Future Food Market at Civic Center Park.
BACKGROUND/ANALYSIS:
Future Food Market is a mini food festival that focuses on vegan foods and products. The event
is free and open to the public, and will be held on Saturday, January 21, 2023. Approximately
20 food vendors are expected to attend, as well as merchandise vendors that promote a healthy
vegan lifestyle. No animal products will be sold at the event.
This is the first Future Food Market that has been held since the COVID-19 pandemic began.
The previous two events were held at California State University San Bernardino, Palm Desert
campus and at the University of California Riverside, Palm Desert campus (see attached
photos).
A waiver is requested for this event because the organizer has proposed to bring in merchandise
vendors. Should the City Council deny this approval, the event will be held with only Riverside
County Health Department-approved food vendors.
Strategic Plan
Approval of the Future Food Market event would help address the following priorities outlined in
the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together:
•Economic Development Priority 3: Create and attract entertainment and events to
enhance and expand the Palm Desert economy and lifestyle.
•Tourism and Marketing Priority 2: Grow existing events and develop new events to
enhance the desirability of Palm Desert as a year-round destination.
FINANCIAL IMPACT:
This event would provide a positive impact to the City by increasing the number of premier events
within the City and potential sales tax revenue from visitors.
Item 1F - 1
City of Palm Desert
APPROVE FUTURE FOOD MARKET
Page 2 of 2
The City will assess a $230 per day per area facility use fee, a $40 per hour maintenance worker
fee, and a $20 administrative fee for this event. In addition, a $100 per area per day refundable
cleaning deposit is collected prior to the event.
Description Duration Rate Total
Civic Center Park Amphitheater 1 day $230 / day $230.00
Maintenance Worker 8 hours $40 / hour $320.00
Total Facility Use Fees $550.00
Administration Fee $20.00
Cleaning Deposit $100.00
Total $670.00
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Facility Use Application
2. Photos
Item 1F - 2
Item 1F - 3
Item 1F - 4
Item 1F - 5
Item 1F - 6
Item 1F - 7
Item 1F - 8
Item 1F - 9
FUTURE FOOD MARKET – PREVIOUS EVENT PHOTOS
Item 1F - 10
FUTURE FOOD MARKET – PREVIOUS EVENT PHOTOS
Item 1F - 11
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Shawn Muir, Senior Management Analyst
REQUEST: CONSIDER REQUEST BY MR. STEVEN GEIGER TO APPROVE FEE
WAIVER FOR HOLOCAUST REMEMBRANCE DAY EVENT
RECOMMENDATION:
Consider request by Mr. Steven Geiger to approve a fee waiver for Holocaust Remembrance
Day event at Civic Center Park including a temporary waiver for Section 11.01.140 (Amplified
Sound in City Parks) of the City of Palm Municipal Code.
BACKGROUND/ANALYSIS:
The Gerald R. Ford Chapter of Mensch Foundation International proposes to hold the Holocaust
Remembrance Day event on January 27, 2023. This event has been held on an annual basis
since 2010. The purpose of the event is to remember the many victims of the Holocaust,
celebrate those who survived, and remind the world to never forget what happened. The United
Nations General Assembly designated January 27 as the official date for the Holocaust
Remembrance Day to coincide with the liberation of the Auschwitz concentration camp. The
event will include a variety of musical performances and speakers. A remembrance walk from
the park amphitheater to the Palm Desert Holocaust Memorial will serve as a moving conclusion
to the program.
FINANCIAL IMPACT:
The applicable fees for the use of the park for this event include a $230 facility use fee, a $20
administration fee, and a refundable $100 cleaning deposit. The facility use fee is collected by
DRD on the City’s behalf and remitted to the City, and the administration fee is retained by DRD.
Staff is conveying the request from Mr. Geiger to waive the $230 facility use fee. Staff
recommends charging the $20 administration fee, and the refundable $100 cleaning deposit.
Description Duration Rate Total
Civic Center Park Amphitheater 1 day $230 / day $230.00
Administration Fee $20.00
Cleaning Deposit $100.00
Proposed Waiver of Fees -$230.00
Total $120.00
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Item 1G - 1
City of Palm Desert
APPROVE HOLOCAUST REMEMBRANCE DAY
Page 2 of 2
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Facility Use Application
Item 1G - 2
Item 1G - 3
Item 1G - 4
Item 1G - 5
Item 1G - 6
Item 1G - 7
Item 1G - 8
Item 1G - 9
Item 1G - 10
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Shawn Muir, Senior Management Analyst
REQUEST: APPROVE TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES
FOR PALM DESERT YOUTH SPORTS ASSOCIATION OPENING DAY
OF BASEBALL & SOFTBALL AT CIVIC CENTER PARK
RECOMMENDATION:
Approve a temporary waiver of certain parks ordinances for Palm Desert Youth Sports
Association (PDYSA) opening day of Baseball & Softball at Civic Center Park, including the
following sections of the Palm Desert Municipal Code:
a. 11.01.20 (Hours of Use in City Parks);
b. 11.01.140 (Amplified Sound in City Parks);
c. 1 1.01.080-H (Camping);
d. 11.01.080 O (Placement of Advertising Signage in City Parks); and
e. 11.01.080 Q (Vendor Sales in City Parks).
BACKGROUND/ANALYSIS:
The PDYSA Opening Day Ceremony for youth baseball/softball has gained popularity over the
years and has turned into a community event. Staff and PDYSA work cooperatively every year
to produce a festive and safe environment. In previous years, the City Council’s Community
Sponsorship Program provided up to $7,000 towards the PDYSA Opening Day Ceremony.
Opening Day is scheduled for Saturday, March 18, 2023, with an estimated attendance of 2,500
people. The event program typically includes an introduction of keynote speakers, the national
anthem, and acknowledgement of the fine facilities offered by the City of Palm Desert. PDYSA
uses a sound system for the ceremony and allows space for vendors during the event, which
both require Council approval. PDYSA is also proposing to add a variety of food trucks, bounce
houses, and small-scale events focused on the players and their families.
Strategic Plan
Approval of the PDYSA opening day event would help address the following priorities outlined
in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together:
• Economic Development Priority 3: Create and attract entertainment and events to
enhance and expand the Palm Desert economy and lifestyle.
FINANCIAL IMPACT:
As a Palm Desert-based Youth Recreation League, PDYSA is not assessed fees for the use of
City fields. Therefore, this action has no fiscal impact to the general fund.
1H - 1
City of Palm Desert
APPROVE PDYSA OPENING DAY
Page 2 of 2
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Facility Use Application
1H - 2
1H - 3
1H - 4
1H - 5
1H - 6
1H - 7
1H - 8
1H - 9
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Shawn Muir, Senior Management Analyst
REQUEST: CONSIDER REQUEST BY MR. SAM BAKKER TO APPROVE
TEMPORARY WAIVER OF CERTAIN PARKS ORDINANCES FOR
WATER LANTERN FESTIVAL AT CIVIC CENTER PARK
RECOMMENDATION:
Consider request by Mr. Sam Bakker to approve temporary waiver of certain parks ordinances
for Water Lantern Festival at Civic Center Park including Palm Desert Municipal Code sections
as follows:
a. 11.01.20 (Hours of Use in City Parks);
b. 11.01.140 (Amplified Sound in City Parks);
c. 11.01.080 O (Placement of Advertising Signage in City Parks); and
d. 11.01.080 Q (Vendor Sales in City Parks).
BACKGROUND/ANALYSIS:
The Water Lantern Festival was voted the number one cultural event of 2019 by USA Today and
provides an emotional experience in which thousands of people come together to reflect. This
is a ticketed, for-profit event. Tickets are sold online and on the day of the event ticket holders
will receive a kit to build and launch their own lantern at the Civic Center Park ponds.
The event would take place Saturday, March 11, 2023, from 3:30 p.m. to 8:00 p.m., with load-in
on the Friday, March 10, from 9:00 a.m. - 12:00 p.m. The area of the Park for the event includes
the ponds and surrounding areas where there will be food trucks and vendors for attendees to
enjoy. The event will not be closed to the public. Those who have not purchased a ticket online
may still view the water lanterns and enjoy the vendors.
The event site map is located at
www.google.com/maps/d/u/0/edit?mid=1YBT8RV9_s__OoWiij6yIroRFsrRNiCo&usp=sharing
A Water Lantern Festival was previously held at Civic Center Park on Sunday, November 13,
2022. The event was well-attended, with an estimated 2,000 people present. The organizers
were responsible in overseeing the cleanup after the event, and there was no damage to the
pond, equipment, or other areas. A temporary waiver as indicated in the recommendation is
being requested because the organizer has proposed to bring in various merchandise vendors.
Should the City Council deny this request, the event will be proposed to only permit Riverside
County Health Department-approved food vendors.
Strategic Plan
Approval of the Water Lantern Festival event would help address the following priorities outlined
in the 2013-2033 Strategic Plan, Envision Palm Desert – Forward Together:
Item 1I - 1
City of Palm Desert
APPROVE WATER LANTERN FESTIVAL
Page 2 of 2
• Economic Development Priority 3: Create and attract entertainment and events to
enhance and expand the Palm Desert economy and lifestyle.
• Tourism and Marketing Priority 2: Grow existing events and develop new events to
enhance the desirability of Palm Desert as a year-round destination.
FINANCIAL IMPACT:
This ticketed event would provide a positive impact to the City by increasing the number of
premier events within the City and potential sales tax revenue from visitors.
Below is a detailed description of the park fees that will be paid by the event organizer:
Description Duration Rate Total
Civic Center Park Amphitheater 1 day $230 / day $230.00
Maintenance Worker 8 hours $40 / hour $320.00
Total Facility Use Fees $550.00
Administration Fee $20.00
Refundable Cleaning Deposit $100.00
Total $670.00
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Facility Use Application
2. General Event Overview
3. Palm Desert Water Lantern Festival Overview
Item 1I - 2
Item 1I - 3
Item 1I - 4
Item 1I - 5
Item 1I - 6
Item 1I - 7
Item 1I - 8
Item 1I - 9
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Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Bassam AL-Beitawi, Transportation Manager
REQUEST: AWARD CONTRACT NO. C44440 TO ECONOLITE SYSTEMS, INC. OF
ANAHEIM, CALIFORNIA FOR TRAFFIC SIGNAL HARDWARE UPGRADE
IN THE AMOUNT OF $412,560 (PROJECT NO. 569-23)
RECOMMENDATION:
1. Award Contract No. C44440 to Econolite Systems, Inc. of Anaheim, California for the Traffic
Signal Hardware Upgrade project in the amount of $412,560.
2. Authorize the Director of Finance to set aside a contingency in the amount of $35,000 for
unforeseen conditions.
3. Authorize the City Manager or designee to review and approve written requests for the use
of contingency for unforeseen conditions up to the contingency amount per Section 3.30.170
of the Palm Desert Municipal Code.
4. Authorize the City Manager to execute the agreement.
BACKGROUND/ANALYSIS:
The Traffic Signal Hardware Upgrade Project is an annual contracted maintenance program,
which consists of upgrading and replacing existing traffic signal hardware. This contract will
address hardware replacements at 69 of the City’s 99 signalized intersections. Hardware to be
replaced includes vehicular indications, internally illuminated street name signs, pedestrian push
buttons, signal heads, and related hardware.
The Project was advertised for bid on November 10, 2022, and on December 7, 2022, two bids
were received via the City of Palm Desert online OpenGov bidding portal with the following
results:
CONTRACTOR LOCATION TOTAL BASE BID
Econolite Systems, Inc. Anaheim, CA $412,560
Elecnor Belco Electric, Inc Chino, CA $822,388
The lowest bid is four percent (4%) higher than the engineer’s estimate, which is likely due to
continued price increases for materials and services. Staff reviewed the bid received from
Econolite Systems, Inc., and determined that they are the lowest responsible bidder submitting
a responsive bid.
Econolite Systems, Inc. is a Southern California-based company with more than 20 years of
experience performing services like those needed for the subject project. Econolite is a nationally
known traffic signal equipment vendor and service provider for traffic signal equipment.
Currently, they have active contracts with more than 15 cities in Southern California. The City
1J - 1
City of Palm Desert
Award Contract to Econolite Systems, Inc.
Page 2 of 2
has contracted with Econolite on recent projects for traffic signal work, and Econolite has also
been a subcontractor on area projects including CV Link and CV Sync. The contractor is also
an approved vendor with the City and has a positive history of experience with City contracts.
The recommended total contract price is $412,560, which includes the Total Base Bid of
$324,998 and Alternate Bid Items of $87,562. The low bidder is determined by the Total Base
Bid.
Strategic Plan:
While the Traffic Signal Upgrade Project is an ongoing maintenance activity and is not a specific
objective of the Strategic Plan, maintaining and upgrading the City’s traffic signal hardware
contributes to roadway safety and efficient traffic flow.
FINANCIAL IMPACT:
The Traffic Signal Hardware Upgrade Project is included in the approved Capital Improvement
Project (CIP) List for Fiscal Year 2022-2023 under Measure A Fund Account No. 2134250-
5000906. The account currently has an available balance of $449,108.68, and the contract
amount including contingency totals $447,560.00; therefore, the general fund has no financial
impact.
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Agreement
2.Payment & Performance Bonds
3.Contractor’s Proposal
1J - 2
-1- CONTRACT & BOND FORMS
CONTRACT FOR CONSTRUCTION
This Contract for Construction (“Contract”), No. C44440, is made and entered into this 12th day of
January 2023, by and between City of Palm Desert, a Charter City and 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, sometimes hereinafter called the “City” and
Econolite Systems, Inc., sometimes hereinafter called “Contractor.”
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by these
presents do covenant and agree with each other as follows:
ARTICLE 1. SCOPE OF WORK.
The Contractor shall perform all Work within the time stipulated in the Contract, and shall provide
all labor, materials, equipment, tools, utility services, and transportation to complete all of
the Work required in strict compliance with the Contract Documents as specified in Article
5, below, for the following Project:
Traffic Signal Hardware Upgrade
Project No. 569-23
Contract No. C44440
Contractor is an independent contractor and not an agent of the City. The Contractor and its
surety shall be liable to the City for any damages arising as a result of the Contractor’s failure to
comply with this obligation.
ARTICLE 2. TIME FOR COMPLETION.
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 Ninety (90) calendar 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.
ARTICLE 3. CONTRACT PRICE.
The City shall pay to the Contractor as full compensation for the performance of the Contract,
subject to any additions or deductions as provided in the Contract Documents, and
including all applicable taxes and costs, the sum of Four Hundred Twelve Thousand
Five Hundred Sixty Dollars ($412,560.00). Payment shall be made as set forth in the
General Conditions. The City will pay to Contractor compensation based upon the
prices set forth in the Bid Schedule.
ARTICLE 4. LIQUIDATED DAMAGES.
Contractor acknowledges that the City will sustain actual damages for each and every day
completion of the Project is delayed beyond the Contract Time. Because of the nature
of the Project, it would be impracticable or extremely difficult to determine the City’s
actual damages. Accordingly, in accordance with Government Code section 53069.85,
1J - 3
-2- CONTRACT & BOND FORMS
it is agreed that the Contractor will pay the City the sum of $1,000.00 for each and
every Day of delay beyond the time prescribed in the Contract Documents for finishing
the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this
is not paid, the Contractor agrees the City may deduct that amount from any money
due or that may become due the Contractor under the Contract. This Section does not
exclude recovery of other damages specified in the Contract Documents. Liquidated
damages may be deducted from progress payments due Contractor, Project retention
or may be collected directly from Contractor, or from Contractor's surety. These
provisions for liquidated damages shall not prevent the City, in case of Contractor's
default, from terminating the Contractor.
ARTICLE 5. COMPONENT PARTS OF THE CONTRACT.
The “Contract Documents” include the following:
Notice Inviting Bids
Instructions to Bidders
Bid Forms
Bid Acknowledgement
Bid Schedule
Bid Guarantee
Designation of Subcontractors
Information Required of Bidders
Non-Collusion Declaration Form
Iran Contracting Act Certification
Public Works Contractor DIR Registration Certification
Performance Bond
Payment (Labor and Materials) Bond
Contract for Construction
General Conditions
Special Conditions
Specifications
Addenda
Construction Plans and Drawings
Standard Specifications for Public Works Construction “Greenbook”, latest edition, Except
Sections 1-9
Standard Plans of the City of Palm Desert, latest edition
Standard Plans for Public Works Construction, latest edition
Caltrans Standard Specifications, latest edition, Except Division 1
Caltrans Standard Plans, latest edition
California Manual on Traffic Control Devices for Streets and Highways (CAMUTCD), latest
edition
Work Area Traffic Control Handbook, latest edition
Reference Specifications
Approved and fully executed Change Orders
Permits
Any other documents contained in or incorporated into the Contract
The Contractor shall complete the Work in strict accordance with all of the Contract Documents.
1J - 4
-3- CONTRACT & BOND FORMS
All of the Contract Documents are intended to be complementary. Work required by one of the
Contract Documents and not by others shall be done as if required by all. In the event of conflict,
the various Contract Documents will be given effect in the order set forth in the General
Conditions. This Contract shall supersede any prior agreement of the parties.
ARTICLE 6. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE.
Each and every provision of law required to be included in these Contract Documents shall be
deemed to be included in these Contract Documents. The Contractor shall comply
with all requirements of applicable federal, state and local laws, rules and regulations,
including, but not limited to, the provisions of the California Labor Code and California
Public Contract Code which are applicable to this Work.
ARTICLE 7. INDEMNIFICATION AND INSURANCE
A. Indemnification
1. To the fullest extent permitted by law, Contractor shall immediately defend (with
counsel of the City’s choosing), indemnify and hold harmless the City, its officials,
officers, agents, employees, and representatives, and each of them from and
against:
(a) Any and all claims, demands, causes of action, costs, expenses, injuries,
losses or liabilities, in law or in equity, of every kind or nature whatsoever, but
not limited to, injury to or death, including wrongful death, of any person, and
damages to or destruction of property of any person, arising out of, related to,
or in any manner directly or indirectly connected with the Work or this Contract,
including claims made by subcontractors for nonpayment, including without
limitation the payment of all consequential damages and attorney’s fees and
other related costs and expenses, however caused, regardless of whether the
allegations are false, fraudulent, or groundless, and regardless of any
negligence of the City or its officers, employees, or authorized volunteers
(including passive negligence), except the sole negligence or willful
misconduct or active negligence of the City or its officials, officers, employees,
or authorized volunteers;
(b) Contractor’s defense and indemnity obligation herein includes, but is not
limited to damages, fines, penalties, attorney’s fees and costs arising from
claims under the Americans with Disabilities Act (ADA) or other federal or state
disability access or discrimination laws arising from Contractor’s Work during
the course of construction of the improvements or after the Work is complete,
as the result of defects or negligence in Contractor’s construction of the
improvements;
(c) Any and all actions, proceedings, damages, costs, expenses, fines, penalties
or liabilities, in law or equity, of every kind or nature whatsoever, arising out of,
resulting from, or on account of the violation of any governmental law or
regulation, compliance with which is the responsibility of Contractor;
(d) Any and all losses, expenses, damages (including damages to the Work itself),
attorney’s fees, and other costs, including all costs of defense which any of
1J - 5
-4- CONTRACT & BOND FORMS
them may incur with respect to the failure, neglect, or refusal of Contractor to
faithfully perform the Work and all of Contractor’s obligations under Contract.
Such costs, expenses, and damages shall include all costs, including
attorney’s fees, incurred by the indemnified parties in any lawsuit to which they
are a party.
2. Contractor shall immediately defend, at Contractor’s own cost, expense and risk,
with the counsel of the City choosing, any and all such aforesaid suits, actions or
other legal proceedings of every kind that may be brought or instituted against the
City, its officials, officers, agents, employees and representatives. Contractor shall
pay and satisfy any judgment, award or decree that may be rendered against the
City, its officials, officers, employees, agents, employees and representatives, in
any such suit, action or other legal proceeding. Contractor shall reimburse the City,
its officials, officers, agents, employees 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. The only limitations on this provision shall
be those imposed by Civil Code section 2782.
3. The provisions of this Article shall survive the termination of this Contract
howsoever caused, and no payment, partial payment, or acceptance of occupancy
in whole or part of the Work shall waive or release any of the provisions of this
Article.
B. Insurance
1. Without limiting Contractor’s indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during
the term of this Contract, policies of insurance of the type and amounts described
below and in a form that is satisfactory to City.
2. 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 $2,000,000 per occurrence, $4,000,000
general aggregate, for bodily injury, personal injury, and property damage, and a
$4,000,000 completed operations aggregate. The policy must include contractual
liability that has not been amended. Any endorsement restricting standard ISO
“insured contract” language will not be accepted.
3. 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 Contract, 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.
4. 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, automotive liability and
1J - 6
-5- CONTRACT & BOND FORMS
employer’s liability. Such policy or policies shall include the following terms and
conditions:
A drop-down feature requiring the policy to respond in the event that any
primary insurance that would otherwise have applied proves to be uncollectible
in whole or in part for any reason;
(a) Pay on behalf of wording as opposed to reimbursement; and
(b) Concurrency of effective dates with primary policies; and
(c) Policies shall “follow form” to the underlying primary policies; and
(d) Insureds under primary policies shall also be insureds under the umbrella
or excess policies.
5. Workers’ Compensation Insurance. Contractor shall maintain Workers’
Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance
(with limits of at least $1,000,000) for Contractor’s employees in accordance with
the laws of the State of California, Section 3700 of the Labor Code. In addition,
Contractor shall require each subcontractor to similarly maintain Workers’
Compensation Insurance and Employer’s Liability Insurance in accordance with
the laws of the State of California, Section 3700 for all of the subcontractor’s
employees. Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of the City, its officers, agents,
employees and volunteers.
6. Pollution Liability Insurance. Environmental Impairment Liability Insurance shall
be 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 $1,000,000 dollars
per claim and in the aggregate. All activities contemplated in this Contract 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.
7. Builder’s Risk Insurance. Upon commencement of construction and with
approval of City, Contractor shall obtain and maintain builder’s risk insurance for
the entire duration of the Project until only the City has an insurable interest. The
Builder’s Risk coverage shall include the coverages as specified below.
(a) The named insureds shall be Contractor and City, including its officers,
officials, employees, and agents. All subcontractors (excluding those solely
responsible for design Work) of any tier and suppliers shall be included as
additional insureds as their interests may appear. Contractor shall not be
required to maintain property insurance for any portion of the Project following
transfer of control thereof to City. The policy shall contain a provision that all
proceeds from the builder’s risk policy shall be made payable to the City of
Palm Desert. The City will act as a fiduciary for all other interests in the Project.
1J - 7
-6- CONTRACT & BOND FORMS
(b) Policy shall be provided for replacement value on an "all risk" basis for the
completed value of the project. There shall be no coinsurance penalty or
provisional limit provision in any such policy. Policy must include: (1) coverage
for any ensuing loss from faulty workmanship, Nonconforming Work, omission
or deficiency in design or specifications; (2) coverage against machinery
accidents and operational testing; (3) coverage for removal of debris, and
insuring the buildings, structures, machinery, equipment, materials, facilities,
fixtures and all other properties constituting a part of the Project; (4) Ordinance
or law coverage for contingent rebuilding, demolition, and increased costs of
construction; (5) transit coverage (unless insured by the supplier or receiving
contractor), with sub-limits sufficient to insure the full replacement value of any
key equipment item; (6) Ocean marine cargo coverage insuring any Project
materials or supplies, if applicable; (7) coverage with sub-limits sufficient to
insure the full replacement value of any property or equipment stored either on
or off the Site or any staging area. Such insurance shall be on a form
acceptable to City to ensure adequacy of terms and sublimits and shall be
submitted to the City prior to commencement of construction.
C. Other Provisions or Requirements
1. 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. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
2. 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, its agents, representatives, employees or subcontractors.
Contractor must maintain general liability and umbrella or excess liability insurance
for as long as there is a statutory exposure to completed operations claims. The
City and its officers, officials, employees, and agents shall continue as additional
insureds under such policies.
3. 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.
4. Products/Completed Operations Coverage. Products/completed operations
coverage shall extend a minimum of three (3) years after project completion.
Coverage shall be included on behalf of the insured for covered claims arising out
of the actions of independent contractors. If the insured is using subcontractors,
the Policy must include work performed “by or on behalf” of the insured. Policy
1J - 8
-7- CONTRACT & BOND FORMS
shall contain no language that would invalidate or remove the insurer’s duty to
defend or indemnify for claims or suits expressly excluded from coverage. Policy
shall specifically provide for a duty to defend on the part of the insurer. The City,
its officials, officers, agents, and employees, shall be included as additional
insureds under the Products and Completed Operations coverage.
5. City’s Rights of Enforcement. In the event any policy of insurance required under
this Contract does not comply with these requirements, 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 Contract.
6. 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.
7. 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 and volunteers, 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, agents, officials, employees and volunteers and shall require similar
written express waivers and insurance clauses from each of its subcontractors.
8. 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.
9. 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 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.
10. Notice of Cancellation. Contractor agrees to oblige its insurance agent or broker
and insurers to provide to 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.
1J - 9
-8- CONTRACT & BOND FORMS
11. Additional Insured Status. General liability, automobile liability, and if applicable,
pollution liability policies shall provide or be endorsed to provide that the City and
its officers, officials, employees, agents, and volunteers shall be additional
insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies. Coverage shall be at least as broad as coverage
provided by ISO’s Owners, Lessees, or Contractors Additional Insured
Endorsement for the ongoing (i.e. ISO Form CG 20 10 07 04) and completed
operations (i.e. ISO Form CG 20 37 07 04) of Contractor.
12. 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.
13. 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.
14. 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.
15. City’s Right to Revise Requirements. 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 substantial additional 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.
16. 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.
17. 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 Contract, and that involve or may involve coverage under
any of the required liability policies.
18. 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.
1J - 10
-9- CONTRACT & BOND FORMS
19. 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.
ARTICLE 8. PREVAILING WAGES.
Contractor shall be required to pay the prevailing rate of wages in accordance with the Labor
Code which such rates shall be made available at the City’s Office or may be obtained
online at http://www.dir.ca.gov and which must be posted at the job site.
ARTICLE 9. FALSE CLAIMS.
Contractor acknowledges that if a false claim is submitted to the City, it may be considered fraud
and Contractor may be subject to criminal prosecution. Contractor acknowledges that
the False Claims Act, California Government Code sections 12650, et seq., provides
for civil penalties where a person knowingly submits a false claim to a public entity.
These provisions include within their scope false claims made with deliberate
ignorance of the false information or in reckless disregard of the truth or falsity of the
information. In the event the City seeks to recover penalties pursuant to the False
Claims Act, it is entitled to recover its litigation costs, including attorneys’ fees.
Contractor hereby acknowledges that the filing of a false claim may the Contractor to
an administrative debarment proceeding wherein Contractor may be prevented from
further bidding on public contracts for a period of up to five (5) years.
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1J - 11
-10- CONTRACT & BOND FORMS
IN WITNESS WHEREOF, this Contract has been duly executed by the above-named parties, on
the day and year 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
ECONOLITE SYSTEMS, INC.
A CORPORATION
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number
END OF CONTRACT
1J - 12
-11- CONTRACT & BOND FORMS
BOND FORMS
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert, a Charter City and 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, (hereinafter referred to as the “City”) has awarded to
Econolite Systems, Inc. (hereinafter referred to as the “Contractor”) an agreement for Contract
No. C44440, (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 December 12, 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, Econolite Systems, Inc., the undersigned Contractor and Fidelity and
Deposit Company of Maryland 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 Four Hundred Twelve Thousand Five Hundred Sixty DOLLARS, ($412,560.00), 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 (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, 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 part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney’s
fees, incurred by the City in enforcing such obligation.
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 the 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.
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
1J - 13
-12- CONTRACT & BOND FORMS
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:
i. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. 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.
iii. Permit the City to complete the Project in any manner consistent with California
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.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
1J - 14
-13- CONTRACT & BOND FORMS
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
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges is $_______________________________.
(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)
1J - 15
-14- CONTRACT & BOND FORMS
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
NOTE: This acknowledgment is to be completed for Contractor/Principal.
1J - 16
-15- CONTRACT & BOND FORMS
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
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.
END OF PERFORMANCE BOND
1J - 17
-16- CONTRACT & BOND FORMS
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Palm Desert, a Charter City and municipal corporation organized and
operating under the laws of the State of California (hereinafter designated as the “City”), by action
taken or a resolution passed December 12, 2022, has awarded to Econolite Systems, Inc.,
hereinafter designated as the “Principal,” a contract for the work described as follows: Contract
No. C44440 (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated December 12, 2022, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein 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 Four Hundred Twelve Thousand Five Hundred
Sixty DOLLARS, ($412,560.00) 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 Civil Code Section 9100, 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 Revenue and Taxation
Code Section 18663, 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 the 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 Civil Code Section 9100 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 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
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-17- CONTRACT & BOND FORMS
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 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 the 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 Civil Code
Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract 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 Contract, including but not limited to, the provisions
of Sections 2819 and 2845 of the California Civil Code.
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
1J - 19
-18- CONTRACT & BOND FORMS
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
NOTE: This acknowledgment is to be completed for Contractor/Principal.
1J - 20
-19- CONTRACT & BOND FORMS
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
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.
END OF PAYMENT BOND
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1J - 25
City of Palm Desert
PW - Capital Improvement Projects
Randy Bowman, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
2022-23 Traffic Signal Hardware Upgrade
RESPONSE DEADLINE: December 7, 2022 at 2:00 pm
Report Generated: Wednesday, December 14, 2022
Econolite Systems, Inc. Proposal
CONTACT INFORMATION
Company:
Econolite Systems, Inc.
Email:
dmccombs@econolite.com
Contact:
Dana McCombs
Address:
1250 N. Tustin Avenue
Anaheim, CA 92807
Phone:
(714) 575-5688
Website:
www.econolite.com
Submission Date:
Dec 7, 2022 1:22 PM
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
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PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2022-23 Traffic Signal Hardware Upgrade
Page 2
ADDENDA CONFIRMATION
No addenda issued
QUESTIONNAIRE
1. BID ACKNOWLEDGMENT*
To 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.
A. In response to the Contract Documents for project number 2022-IFB-150 and in accordance with the accompanying
Instructions to Bidders, the undersigned hereby proposes to the City to furnish all labor, technical and professional services,
supervision, materials and equipment, other than materials and equipment specified as furnished by the City, and to perform
all operations necessary and required to construct the Project in accordance with the provisions of the Contract Documents
and any addenda thereto, and at the prices stated opposite the respective items set forth in the Bid Schedule.
B. This Bid constitutes a firm offer to the City which cannot be withdrawn for 90 calendar days after the date set for opening of
Bids, or until a Contract is executed by the City and a third party, whichever is earlier.
C. The undersigned certifies that it has examined and is fully familiar with all of the provisions of the Contract Documents and any
addenda thereto; that it has carefully checked all of the words and figures shown in its Bid Schedule; that it has carefully
reviewed the accuracy of all statements in this Bid and attachments hereto; and that it understands and agrees that the City
will not be responsible for any errors or omissions on the part of the undersigned in preparing this Bid.
D. If awarded a Contract, the undersigned agrees to execute and deliver to the City within ten (10) Days after date of receipt of
Notice of Award, a signed Contract and the necessary Performance Bond, Payment Bond, and Certificates of Insurance and
Endorsements.
E. All Bid Forms, which have been completed and executed by undersigned Bidder, are incorporated by this reference and made
a part of this Bid.
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
2022-23 Traffic Signal Hardware Upgrade
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Page 3
F. The undersigned is hereby representing that it is and will be properly licensed both at the time that it submits a Bid as wel l as
at the time the Contract is awarded, if the Contract is awarded to the undersigned.
1. If Individual Contractor. Undersigned certifies that it is now licensed in accordance with the provisions of the Contractor's
License Law of the State of California; or
2. If Joint Venture. Undersigned certifies that the individual members of the joint venture are now licensed in accordance
with the provisions of the Contractor's License Law of the State of California.
I hereby certify under penalty of perjury under the laws of the State of California that all of the information submitted in connection
with this Bid and all of the representations made herein are true and correct.
Confirmed
2. BID SCHEDULE*
IMPORTANT:
THE ELECTRONIC #BID SCHEDULE MUST BE COMPLETED BY EACH BIDDER AND PROPERLY SUBMITTED ON OPENGOV PROCUREMENT.
FAILURE TO COMPLETE THE BID SCHEDULE WILL RESULT IN AN INCOMPLETE AND NON -RESPONSIVE BID.
THE ELECTRONIC BID SCHEDULE WILL BE INCORPORATED INTO THE CONTRACT DOCUMENTS.
The costs for any Work shown or required in the Contract Documents, but not specifically identified as a line item are to be included
in the related line items and no additional compensation shall be due to Contractor for the performance of the Work. All blank spaces
appearing in the Electronic Bid Schedule must be filled in. Failure to fill in any blank spaces may render the bid non-responsive.
The estimated quantities for Unit Price items are for purposes of comparing Bids only and th e City makes no representation that the
actual quantities of work performed will not vary from the estimates. Final payment shall be determined by the Engineer from
measured quantities of work performed based upon the Unit Price.
If the Contract Documents specify Alternate Bid items, the City can choose to include any, all, or none of the Alternate Bid items in the
Work. If the City selects any of the Alternate Bid items, the corresponding Alternate Bid prices shall be added to or deducte d from
Base Bid Price for the Work. The City can award/select Alternate Bid items at any time(s).
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PROPOSAL DOCUMENT REPORT
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Page 4
I certify that I have read, understood the above statement.
Confirmed
3. BID GUARANTEE*
IF SUBMITTING AN ORIGINAL BID BOND: Please download the Bid Bond Form under #ATTACHMENTS, and Mail or hand deliver in a
sealed and labeled envelope including the Project Number, Project Title, and Project Due Date visible on the outside of the envelope
to the City Clerk's Office located at 73-510 Fred Waring Drive, Palm Desert, CA 92260 before the bid submittal deadline.
IF SUBMITTING CASH OR CASHIER'S CHECK: Mail or hand deliver in a sealed and labeled envelope including the Project Number,
Project Title, and Project Due Date visible on the outside of the envelope to the City Clerk's Office located at 73-510 Fred Waring
Drive, Palm Desert, CA 92260 before the bid submittal deadline.
IF SUBMITTING AN E-BID BOND: follow E-Bid Bond instructions.
Hard Copy Original Bid Bond (delivered before bid submittal deadline)
4. E-Bid Bond
Please enter your Bid Bond information from Surety2000 below ONLY IF YOU ARE NOT SUBMITTING A HARD COPY BID BOND, CASH,
OR CASHIER'S CHECK.
Bond ID: No response submitted
Vendor ID: No response submitted
5. Enter Surety Company "Name" who Issued Bid Guarantee *
This information will be verified against the California Department of Insurance Website.
Fidelity and Deposit Company of Maryland/Zurich
Click to Verify Value will be copied to clipboard
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
2022-23 Traffic Signal Hardware Upgrade
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PUBLIC WORKS - 2022-23 Traffic Signal Hardware Upgrade
Page 5
6. DESIGNATION OF SUBCONTRACTORS*
Please download the below documents, complete, and upload.
• DESIGNATION_OF_SUBCONTRACTO...
DESIGNATION_OF_SUBCONTRACTORS.pdf
7. BIDDER INFORMATION AND EXPERIENCE FORM*
Please download the below documents, complete, and upload.
• BIDDER_INFORMATION_AND_EXPE...
BIDDER_INFORMATION_AND_EXPERIENCE_FORM.pdf
8. 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, organizat ion, 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, sought by
agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any ove rhead,
profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not,
directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged informa tion or
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.
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
2022-23 Traffic Signal Hardware Upgrade
PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2022-23 Traffic Signal Hardware Upgrade
Page 6
Confirmed
9. PUBLIC WORKS CONTRACTOR DIR REGISTRATION CERTIFICATION*
Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal,
or enter into a contract to perform public work must be registered with the Department of Industrial Relations. See
http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with
the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is
currently registered as a contractor with the Department of Industrial Relations.
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
A. Bidder shall maintain a current DIR registration for the duration of the project.
B. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its contract with subcontractors and ensure
that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the
project.
C. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-
responsive.
Confirmed
10. CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION*
I am aware of the provisions of section 3700 of the 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 I will comply with such
provisions before commencing the performance of the work of this Contract.
Confirmed
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
2022-23 Traffic Signal Hardware Upgrade
PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2022-23 Traffic Signal Hardware Upgrade
Page 7
11. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database
969067
Click to Verify Value will be copied to clipboard
12. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000052909
Click to Verify Value will be copied to clipboard
13. Type of Business*
C Corporation (if corporation, two signatures are required)
14. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
Econolite Systems, Inc.
Click to Verify Value will be copied to clipboard
15. How many years has Bidder’s organization been in business as a Contractor? *
20
16. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
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PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2022-23 Traffic Signal Hardware Upgrade
Page 8
C. Physical Business Address
D. Email Address
E. Phone Number
John W. Tracey
Chief Financial Officer
2150 N. Tustin Avenue, Anaheim, CA 92807
jtracey@econolite.com
(714)575-5553
PRICE TABLES
BASE BID ITEMS
Line Item Location Unit of Measure Unit Cost
1 Country Club Drive at Palm Greens / Via Portofino Lump Sum $2,296.00
2 Country Club Drive at Portola Avenu Lump Sum $2,728.00
3 Country Club Drive at Desert Springs Drive / Desert Willow Lump Sum $1,050.00
4 Country Club Drive at Cook Street Lump Sum $23,726.00
5 Country Club Drive at Desert Falls Parkway / The Lakes Lump Sum $4,302.00
6 Country Club Drive at El Dorado Drive Lump Sum $3,881.00
7 Country Club Drive at Indian Ridge / Palm Valley Lump Sum $6,227.00
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
2022-23 Traffic Signal Hardware Upgrade
PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2022-23 Traffic Signal Hardware Upgrade
Page 9
Line Item Location Unit of Measure Unit Cost
8 Country Club Drive at Oasis Club Drive / Tamarisk Row Lump Sum $1,208.00
9 Country Club Drive at Resorter Blvd / Liberty Lump Sum $6,533.00
10 Country Club Drive at Park Center/ Barrington Lump Sum $2,271.00
11 Monterey Avenue at Dick Kelly Lump Sum $1,229.00
12 Dinah Shore Drive at Toni Way Lump Sum $2,271.00
13 Portola Avenue at Julie / College Lump Sum $10,913.00
14 Gerald Ford Drive at Technology Drive Lump Sum $13,185.00
15 Gerald Ford Drive at Pacific / Dinah Shore Lump Sum $10,622.00
16 Monterey Avenue at Hovley Lane West Lump Sum $2,346.00
17 Monterey Avenue at Clancy Lane / Avenue Del Sol Lump Sum $2,346.00
18 Monterey Avenue at Gran Via / Las Palmas Lump Sum $7,644.00
19 Hovley Lane East at Coorporate Way Lump Sum $4,286.00
20 Hovley Lane East at Cook Street Lump Sum $17,595.00
21 Hovley Lane East at Beacon Hill / Largo Lump Sum $4,617.00
22 Hovley Lane East at Beacon Hill / Largo Lump Sum $2,346.00
23 Hovley Lane East at El Dorado Drive Lump Sum $5,073.00
24 Hovley Lane East at Indian Ridge / Casbah Lump Sum $6,227.00
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
2022-23 Traffic Signal Hardware Upgrade
PROPOSAL DOCUMENT REPORT
PUBLIC WORKS - 2022-23 Traffic Signal Hardware Upgrade
Page 10
Line Item Location Unit of Measure Unit Cost
25 Hovley Lane East at Oasis Club Drive Lump Sum $5,257.00
26 Hovley Lane East at Warner Trail Lump Sum $2,730.00
27 Portola Avenue at De Anza Lump Sum $6,227.00
28 Portola Avenue at Rutledge Way Lump Sum $4,084.00
29 Portola Avenue at Magnesia Drive Lump Sum $3,704.00
30 Portola Avenue at Quick Silver Drive Lump Sum $3,601.00
31 Portola Avenue atChaparral / Via Venezia Lump Sum $9,080.00
32 Portola Avenue at Hovley Lane East Lump Sum $1,941.00
33 Portola Avenue at Hovley Lane West / Silver Sands Lump Sum $14,308.00
34 Fred Waring Drive at Monterey Avenue Lump Sum $1,193.00
35 Fred Waring Drive at College of the Desert (C.O.D) Lump Sum $7,643.00
36 Fred Waring Drive at San Pablo Avenue Lump Sum $8,909.00
37 Fred Waring Drive at Portola Avenue Lump Sum $8,938.00
38 Fred Waring Drive at Deep Canyon Road Lump Sum $4,127.00
39 Fred Waring Drive at Phyllis Jackson Lump Sum $9,330.00
40 Fred Waring Drive at Cook Street Lump Sum $9,215.00
41 Fred Waring Drive at California Lump Sum $3,971.00
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PROPOSAL DOCUMENT REPORT
IFB No. 2022-IFB-150
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Page 11
Line Item Location Unit of Measure Unit Cost
42 Fred Waring Drive at Warner Trail Lump Sum $6,414.00
43 Fred Waring Drive at Desert Breezes / Community Church Lump Sum $14,697.00
44 Cook St. at Aztec Drive Lump Sum $5,907.00
45 Cook St. at Merle Drive Lump Sum $4,670.00
46 Cook Steet at 42nd Avenue / Green Way Lump Sum $10,595.00
47 Frank Sinatra Drive at College Lump Sum $8,204.00
48 Cook Street at Berger Drive West / University at Lump Sum $10,792.00
49 Cook Street at Gerald Ford Drive at Lump Sum $4,698.00
50 Fred Waring Drive at Town Center Way / One Qail Place Lump Sum $6,621.00
51 Town Center Way at Hahn Way Lump Sum $1,610.00
52 Monterey Avenue at San Gorgonio Way Lump Sum $1,610.00
ALTERNATIVE BID ITEMS
Line Item Location Unit of Measure Unit Cost
AA-1 Washington Street at Avenuve of the States Lump Sum $11,143.00
AA-2 Washington Street at Hovley Lane East / 42nd Street Lump Sum $11,056.00
AA-3 Washington Street at Harris Lane Lump Sum $2,896.00
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PROPOSAL DOCUMENT REPORT
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Line Item Location Unit of Measure Unit Cost
AA-4 Washington Street at Country Club Drive Lump Sum $12,734.00
AA-5 Washington Street at Mountain View / Palm Royal Lump Sum $6,183.00
AA-6 Hwy 74 at Shadow Mountain Drive Lump Sum $1,703.00
AA-7 Hwy 74 at Haystack Road Lump Sum $1,136.00
AA-8 Hwy 111 at Hospitality Row Lump Sum $2,271.00
AA-9 Hwy 111 at Hwy 74 / Monterey Avenue Lump Sum $3,610.00
AA-10 Hwy 111 at Plaza Way Lump Sum $2,408.00
AA-11 Frank Sinatra Drive at Gerald Ford Drive Lump Sum $6,398.00
AA-12 Washington Street at 41st Street Lump Sum $8,067.00
AA-13 Portola Avenue Frank Sinatra Drive Lump Sum $6,492.00
AA-14 Portola Avenue at Dinah Shore Drive Lump Sum $5,752.00
AA-15 Monterey Avenue at Frank Sinatra Drive (RM / PD) Lump Sum $1,229.00
AA-16 Monterey Avenue at Gerlad Ford Drive (RM / PD) Lump Sum $2,242.00
AA-17 Monterey Avenue at Market Place (RM / PD) Lump Sum $2,242.00
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City of Palm Desert
PW - Capital Improvement Projects
Randy Bowman, Deputy Director
73-510 Fred Waring Drive, Palm Desert, CA 92260
EVALUATION TABULATION
IFB No. 2022-IFB-150
2022-23 Traffic Signal Hardware Upgrade
RESPONSE DEADLINE: December 7, 2022 at 2:00 pm
Report Generated: Tuesday, January 3, 2023
SELECTED VENDOR TOTALS
Vendor Total
Econolite Systems, Inc. $412,560.00
Elecnor Belco Electric, Inc. $822,388.00
BASE BID ITEMS
Vendor Total
Econolite Systems, Inc. $324,998.00
Elecnor Belco Electric, Inc. $621,605.00
ALTERNATIVE BID ITEMS
Vendor Total
Econolite Systems, Inc. $87,562.00
Elecnor Belco Electric, Inc. $200,783.00
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DESIGNATION OF SUBCONTRACTORS
The subcontractor(s) listed below will perform work or labor or render service to the contractor in
or about the construction of the work or improvement, or are subcontractors licensed by the State
of California who will, under subcontract to the contractor, specially fabricate and install a portion
of the work or improvement according to detailed drawings contained in the Contract Documents,
in an amount in excess of one-half of one percent (0.5%) of the contractor’s total bid.
Notwithstanding the foregoing, if the work involves the construction of streets and highways, then
the Bidder shall list each subcontractor who will perform work or labor or render service to the
Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the
Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to
provide the below requested information.
In compliance with the Subletting and Subcontracting Fair Practices Act Chapter 4 (commencing
at Section 4100), Part 1, Division 2 of the California Public Contract Code, the Bidder shall
set forth below:
(a) The portion of the work to be done by the subcontractor;
(b) The name and the location of the place of business;
(c) The California contractor license number; and
(d) The DIR public works contractor registration number.
If a Bidder fails to specify a subcontractor or if a Bidder specifies more than one subcontractor for
the same portion of work, then the Bidder shall be deemed to have agreed that it is fully qualified
to perform that portion of work and that it shall perform that portion itself.
Portion of
Work to be
done by
Subcontractor
Percent of
Total Base
Bid
Name of
Subcontractor
Location
of
Business
CSLB
Contractor
License
No.
DIR
Registration
Number
1J - 39
BIDDER INFORMATION AND EXPERIENCE FORM
A.INFORMATION ABOUT BIDDER
(Indicate not applicable (“N/A”) where appropriate.)
NOTE: Where Bidder is a joint venture, pages shall be duplicated and information provided
for all parties to the joint venture.
1.0 Name of Bidder: ___________________________________________
2.0 Type, if Entity: ___________________________________________
3.0 Bidder Address: ___________________________________________
_____________________________________________________________
_____________________________________________________________
Facsimile Number Telephone Number
_____________________________________________________________
Email Address
4.0 How many years has Bidder’s organization been in business as a Contractor?
______________________________
5.0 How many years has Bidder’s organization been in business under its present
name? ________________________
5.1 Under what other or former names has Bidder’s organization
operated?_______________________________________________
6.0 If Bidder’s organization is a corporation, answer the following:
6.1 Date of Incorporation: ________________________________
6.2 State of Incorporation: ________________________________
6.3 President’s Name: ________________________________
6.4 Vice-President’s Name(s): ________________________________
________________________________
6.5 Secretary’s Name: ________________________________
6.6 Treasurer’s Name: ________________________________
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 1
1J - 40
7.0 If an individual or a partnership, answer the following:
7.1 Date of Organization: ______________________________________
7.2 Name and address of all partners (state whether general or limited
partnership):
___________________________________________________________
___________________________________________________________
___________________________________________________________
8.0 If other than a corporation or partnership, describe organization and name
principals:
___________________________________________________________
___________________________________________________________
9.0 What type of work does the Bidder normally perform with its own forces?
___________________________________________________________
___________________________________________________________
10.0 Has Bidder ever failed to complete any work awarded to it? If so, note when, where,
and why:
___________________________________________________________
___________________________________________________________
11.0 Within the last five years, has any officer or partner of Bidder’s organization ever
been an officer or partner of another organization when it failed to complete a
contract? If so, attach a separate sheet of explanation:
___________________________________________________________
___________________________________________________________
12.0 List Trade References:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
See also attached
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 2
1J - 41
Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
B. LIST OF CURRENT PROJECTS (BACKLOG)
[**Duplicate Page if needed for listing additional current projects.**]
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 3
1J - 42
C.LIST OF COMPLETED PROJECTS – LAST THREE YEARS
[**Duplicate Page if needed for listing additional completed projects.**]
Please include only those projects which are similar enough to demonstrate Bidder’s ability to
perform the required Work.
Project Client Reference
(agency
name/contact
info)
Description of
Bidder’s Work
Completion Date Cost of Bidder’s
Work
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 4
1J - 43
EXPERIENCE/REFERENCES
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 5
EXPERIENCE/REFERENCES
Econolite currently maintains over 15,000 ITS locations with a distinguished 20-year record of
successful, ongoing contracts performing traffic signal maintenance and on-call emergency services for
agencies with requirements like those of the City.
Table 3 provides a partial list of the local agencies where we are currently providing traffic signal/fiber
maintenance and repair services to within the past five years. Table 4 provides a partial listing of
completed projects references.
1J - 44
EXPERIENCE/REFERENCES
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 6
Table 3 – Listing of Current Municipal Clients (Backlog)
Client Work Performed # of
Signals Client Reference Staff Duration Budget
City of
Brea
Traffic signal, ITS, high voltage series streetlight maintenance,
full traffic signal maintenance service including extraordinary
maintenance, lamp replacement, fiberoptics communications and
termination, installation, testing, VDS maintenance, UPS
installation and maintenance, intersection re-wiring, solar
powered flashing beacons, and IRWL maintenance
47 Will Wenz
Public Works Superintendent
54 N. Berry St.
Brea, CA 92821
(714) 990-7695
willw@cityofbrea.net
Chris Hanson
Ryan Bell
Scott Vu
2008 –
Ongoing
$145K
annually
City of
Thousand
Oaks
Provide full traffic signal maintenance services, which includes
extraordinary maintenance, lamp replacement, maintenance of
VDS, UPS installation and maintenance, intersection re-wiring,
solar powered flashing beacons, and IRWL maintenance.
Expand traffic controllers and CCTV network communications,
eliminating the City’s disjointed collection of ISP connections, IP-
over copper, and fiber segments. Provide deployment of new
fiber segments and develop network design detailing routing,
VLAN, IP configuration of new overall network.
171 Robert Sweeting
Associate Engineer
2100 Thousand Oaks Blvd.
Thousand Oaks, CA 91362
(805) 449-2438
rsweeting@Toaks.org
Chris Hanson
Pat Showalter
Cesar Dominguez
Emilio Romo
Scott Vu
Ryan Shearer
2005 –
Ongoing
$350K
annually
City of
Glendale
Maintain traffic signals throughout the city by regularly performing
preventative maintenance and by providing emergency services
when needed.
235 Pastor Casanova
Principal Traffic Engineer
633 E. Broadway, Ste. 205
Glendale, CA 91206
(818) 548-3945
PCasanova@glendaleca.gov
Chris Hanson
Cesar Dominguez
Emilio Romo
2018 –
Ongoing
$750K
annually
City of
Westminster
Maintain traffic signals throughout the city by regularly performing
preventative maintenance and by providing emergency services
when needed.
77 Adolfo Ozaeta
Transportation Manager
8200 Westminster Blvd.
Westminster, CA 92683
(714) 548-3462
aozaeta@westminster-ca.gov
Chris Hanson
Mike Oliver
2004 –
Ongoing
$135K
annually
City of
Eastvale
Maintain traffic signals throughout the city by regularly performing
preventative maintenance and by providing emergency services
when needed.
44 Craig Bradshaw
Supervising Engineer
12363 Limonite Ave., Ste. 910
Eastvale, CA 91752
(951) 703-4472
cbradshaw@eastvaleca.gov
Chris Hanson
Mike Oliver
2016 –
Ongoing
$200K
annually
City of
Bell Gardens
Updating, repairing, and maintaining the City’s traffic signals with
services that includes, but not limited to routine monthly
maintenance, extraordinary maintenance, emergency services
lamp replacement, maintenance of VDS, UPS installation and
maintenance, intersection re-wiring, solar powered flashing
beacons, and IRWL maintenance.
78 Carlos Marin
Utilities & Contracts Supervisor
8327 Garfield Ave.
Bell Gardens, CA 90201
(562) 806-7780
cmarin@bellgardens.org
Chris Hanson
Pat Showalter
Cesar Dominguez
Scott Vu
2010 –
Ongoing
$200K
annually
1J - 45
EXPERIENCE/REFERENCES
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 7
Client Work Performed # of
Signals Client Reference Staff Duration Budget
City of
Yucaipa
Maintain traffic signals throughout the city by regularly performing
preventative maintenance and by providing emergency services
when needed.
28 Fermin Preciado
City Engineer
34272 Yucaipa Blvd.
Yucaipa, CA 92399
(909) 797-2489
fpreciado@yucaipa.org
Chris Hanson
Mike Oliver
2005 –
Ongoing
$90K
annually
City of
Claremont
Econolite has been providing the City of Claremont with full traffic
signal maintenance services that includes, but not limited to
extraordinary maintenance, lamp replacement, fiberoptics
communications and termination, installation, testing, VDS
maintenance, UPS installation and maintenance, intersection re-
wiring, solar powered flashing beacons, and IRWL maintenance.
40 Enrique Villalobos
Associate Engineer
207 Harvard Ave.
Claremont, CA 91711
(909) 399-5479
evillalobos@ci.claremont.ca.us
Chris Hanson
Mike Oliver
2012 –
Ongoing
$120K
annually
City of
Upland
Maintain traffic signals throughout the city by regularly performing
preventative maintenance and by providing emergency services
when needed.
108 Bob Critchfield
Engineering Manager
460 N. Euclid Ave.
Upland, CA 91786
(909) 291-2946
bcritchfield@ci.upland.ca.us
Chris Hanson
Mike Oliver
2020 –
Ongoing
$150K
annually
City of
Montclair
Econolite is providing traffic signal, ITS, high voltage series
streetlight maintenance, full traffic signal maintenance service
including extraordinary maintenance, lamp replacement,
fiberoptics communications and termination, installation, testing,
VDS maintenance, UPS installation and maintenance,
intersection re-wiring, solar powered flashing beacons, and IRWL
maintenance
45 Steve Stanton
Engineering Division Manager
5111 Benito St.
Montclair, CA 91763
(909) 625-9444
sstanton@cityofmontclair.org
Chris Hanson
Mike Oliver
2010 –
Ongoing
$130K
annually
City of
Santa Ana
Providing the City with full traffic signal maintenance services,
including extraordinary maintenance, lamp replacement,
maintenance of VDS, UPS installation and maintenance,
underground service alert marking, intersection re-wiring, solar
powered flashing beacons, and IRWL maintenance.
303 Cesar Rodriguez
Senior Civil Engineer
20 Civic Center Plaza
Santa Ana, CA 92701
(714) 647-5626
crodriguez5@santa-ana.org
Chris Hanson
Scott Vu
Ryan Bell
2002 –
Ongoing
$600K
annually
California
Department of
Transportation
(Caltrans)
District 11 and
District 12
Providing emergency, scheduled, and preventive maintenance
services of its Transportation Management Systems (TMS)
elements and its communications infrastructure on an on-call
basis as determined by Caltrans. TMS elements and
communication infrastructure include Controlled Environment
Vaults, Hubs, mini-Hubs, cabinets, CCTV, DMS, Ramp Metering
Systems, Traffic Signals, DMS, Video Detection Systems,
Highway Advisory radio, and Road Weather Information Systems
in various locations throughout the districts. Services include
repair, testing, splicing, restoration, and recovery required to
maintain the systems.
Ray Patron
Contract Manager
1727 30th St., 4th FL, MS 65
Sacramento, CA, 95816-7006
(916) 654-5750
ray.patron@dot.ca.gov
Patrick Showalter
Chris Hanson
4/2020 –
3/2023
$2.8M
annually
1J - 46
EXPERIENCE/REFERENCES
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 8
Table 3 – Listing of Completed Municipal Clients (past 3 years)
Client Work Performed # of
Signals Client Reference Staff Duration Budget
City of
Downey
Provided traffic signal, flashing beacon, and fiberoptic
communications maintenance services for the City’s existing traffic
signal system consisting of the City’s traffic signals and their local
controllers and communication network auxiliary traffic control
equipment; maintenance services for six solar-powered flashing
beacons; and 25 miles of communications conduit.
110 Edwin Norris, PE
Deputy Director of Public Works
11111 Brookshire Ave.
Downey, CA 90241
(562) 904-7110
enorris@downeyca.org
Patrick Showalter
Cesar Dominguez
Ryan Shearer
2012 -
2017
$150K
annually
City of
Orange
General on-call emergency response services, on an as needed
basis, for traffic signal systems, flashing lights, highway safety
lighting, and street lighting systems. The City has 154 traffic
signals, 44 warning flashers, and over 7,000 streetlights within, or
partially within, the City. Most emergency repairs include knock
downs, cabinet fires, and/or complex troubleshooting.
154 Jimmy Rocha
Traffic Operations Superintendent
300 E. Chapman Ave.
Orange, CA 92866
(714) 532-6426
jrocha@cityoforange.org
Chris Hanson 2014 –
2021
$24K
annually
City of
Fullerton
Routine preventative maintenance and extraordinary maintenance
of traffic signal systems for 150 signalized intersections, eight
flashing beacons, and one in-pavement flashing pedestrian
crosswalk; restored normal operation for malfunctioning traffic
signals and ensured that any ancillary traffic signal equipment such
as, traffic signal heads, street name signs, block number, or other
regulatory signs, warning or guide signs affixed to mast arms or
poles, reported to be knocked down, dangling, or otherwise creating
a public safety hazard, were immediately repaired or removed in
order to eliminate the hazard or unsafe condition.
150 Dave Langstaff
Traffic Engineering Analyst
303 W. Commonwealth Ave.
Fullerton, CA 92832
(714) 738-6859
davel@cityoffullerton.com
Patrick Showalter 1/2005 –
4/2019
$150K
annually
City of
Pasadena
Maintenance, troubleshooting, repair and relocation of CCTV
cameras at various locations citywide. This included removal and
new installation of traffic signal equipment, repair or replacement of
Ethernet switches, installation of fiberoptic cable, DSL
communication line (TWP) to traffic signal cabinets and
troubleshooting or remove/replacement of Video Detection System
(VDS) cameras. Provided troubleshooting and repair the City’s
fiberoptic infrastructure in case of any emergencies.
N/A David Phan
Project Manager
221 East Walnut St., Ste. 210
Pasadena, CA 91109
(626) 744-4266
dphan@cityofpasadena.net
Patrick Showalter
Chris Hanson
5/2018 –
6/2021
$227K
City of Bell,
CA
Maintain traffic signals throughout the city by regularly performing
preventative maintenance and by providing emergency services
when needed.
32 Gabino Luna
Acting Public Works Manager
6330 Pine Avenue
Bell, CA 90201
(323) 588-6211
gluna@cityofbell.org
Chris Hanson 2014 –
2020
$180K
annually
1J - 47
D.EXPERIENCE AND TECHNICAL QUALIFICATIONS QUESTIONNAIRE
Personnel:
The Bidder shall identify the key personnel to be assigned to this project in a management,
construction supervision or engineering capacity.
1. List each person’s job title, name and percent of time to be allocated to this project:
2. Summarize each person’s specialized education:
3. List each person’s years of construction experience relevant to the project:
4. Summarize such experience:
Bidder agrees that personnel named in this Bid will remain on this Project until completion of all
relevant Work, unless substituted by personnel of equivalent experience and qualifications
approved in advance by the City.
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 9
1J - 48
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 10
KEY PERSONNEL QUALIFICATIONS
Staff Qualifications
Econolite has the resources and expertise to comprehensively address the City’s
requirements for the Traffic Signal Maintenance Services contract. Our proposed
technicians are IMSA-certified Technicians and NEC-certified Electricians with many
years of experience in the traffic maintenance industry. We also have the appropriate
active licenses to perform traffic signal maintenance and repair services for the City.
Our C-10 Electrical license (#969067) can be verified at the Department of Consumer
Affairs Contractor’s State License Board (CSLB) website.
Table 1 summarizes the experience of our field technicians and their respective licenses and licenses
and certifications. These certified personnel will be available and will be assigned to provide traffic
signal, flashing beacon, and fiberoptic communications maintenance services to the City.
Table 1 – Key Field Technician Experience Matrix
Name Years of Experience NEC Certified Electrician (State of California DIR) IMSA Traffic Signal Senior Field Technician Level III IMSA Traffic Signal Field Technician Level II IMSA Traffic Signal Field Technician Level I IMSA Work Zone Safety IMSA/FOA Fiber Certified IMSA Signal Construction Technician Work Zone Temporary Traffic Control Technician IMSA Signal Inspector IMSA Roadway Lighting Technician Level I OSHA Construction Safety & Health Certified Centracs ATMS certified Crane Operator Certified Vantage Video Detection System Trained Cesar Dominguez 19
Christopher Hale 11
Emilio Romo 13
John Adams 10
Jorge Romo 6
Jose Sanchez 17
Mike Oliver 26
Paul Yglesias 12
Ryan Bell 13
Ryan Shearer 19
Scott Vu 24
Many of our technicians meet or exceeds the following qualifications:
•IMSA Level II and III technicians
•Certified in Econolite TS1 and TS2 Type 1 and 2 cabinets
•Ability to interpret blueprints and wiring schematics as an aid in cabinet fault diagnostics
•Familiar with new and existing TS2 standards
•Proficient in programing of Conflict Monitors (CMU) and Malfunction Management Units (MMU)
•Proficient in the programming and operations of Econolite ASC/2, ASC/2S, ASC/3, and Cobalt
controllers and related equipment, among other types of traffic controllers
•Familiar with hardwire and wireless communications technology including troubleshooting,
installation, and adjustment of external and internal communications systems
•Familiar with operation and diagnostics of 3M/GTT Opticom Emergency Vehicle Preemption
(EVP) detection system
•Ability to perform cabinet and field modifications and upgrades, when necessary
•Familiarity with ITS Standards/Automatic Signal Controller and Communications protocol for ITS
•Certified with operation and diagnostics of many types of Video Detection Systems (VDS)
1J - 49
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 11
Staff Organization
Econolite’s organizational structure ensures continuous, 24/7 communication and response to solve
your needs, from our dispatch center to our field staff, including management. Our training includes
continual hands-on training with 2070 controllers and 333 cabinets, as well as similar devices from
various manufacturers. Our NEC-certified Electricians are IMSA Level III Traffic Signal Technicians and
IMSA-certified Fiber Optic Technicians who use in-house fusion splicers, OTDRs, and power light meters
for fiberoptic testing and emergency repairs. Our technicians are trained with all types of UPS, Video
Detection, and CCTV camera systems. In addition, our seasoned utility construction technicians are fully
equipped with modern tools and resources to perform from 10’ 1A, up to Type 24 pole knock-downs,
emergency wire pulls, and signal modifications, including conduit installations, and cabinet change-outs.
Our team of expertly-trained licensed Electricians and certified Technicians fully understand what is
being requested as part of the Scope of Work. Our proposed team structure is provided in Figure 1.
Figure X – Organizational Chart
Subcontractors
Should loop detectors be needed at any time throughout the duration of the contract, Econolite will
utilize the services of Smithson Electric, Inc. (1938 E. Katella Ave., Anaheim, CA 92867, (714) 997-
9556, C-10 License #614518) who has a long-standing history serving as a subcontractor to Econolite.
For over 20 years, they have provided loop installations, when applicable, for several of our traffic signal
maintenance contracts. Econolite and Smithson Electric are currently working, or have previously
worked together, on traffic signal / ITS maintenance contracts for several Southern California cities.
1J - 50
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 12
Staff Resumes
Econolite has the resources and expertise to comprehensively address the City’s requirements for the
Traffic Signal Maintenance Services contract. We have been providing traffic signal maintenance for the
City since 2002. Our proposed technicians are the current technicians for the City and therefore are
familiar with all traffic signal controllers in operation and are also familiar with the City’s programming
standards. Econolite designated personnel are International Municipal Signal Association (IMSA) Level
II and Level III technicians and National Electrical Code (NEC) certified electricians with many years of
experience in the traffic maintenance industry.
……………………...………………………………………………………………………………………………….
Project Manager
Mr. Patrick (Pat) Showalter will serve as Project Manager and primary point of contact
for the City’s Maintenance contract. He has more than 32 years of experience with
project team management, traffic management, traffic signal and ITS maintenance,
as well as electrical construction. Pat has managed Traffic Signal Maintenance
contracts for numerous cities throughout Southern California. He is a highly
motivated, and knowledgeable Project Manager with a distinct ability for thinking
critically in a fast-paced, complicated environment.
Pat’s proven ability to think creatively and work effectively has been successful with varied teams,
including general contractors, inspectors, subcontractors, engineers, consulting firms, and city officials. His
professional and well-balanced depth of experience, both from education and hands-on field experience,
ensures contract compliance, safety, schedule, and technical requirements are being met or exceeded.
Pat has a long history of successfully completing traffic signal, ITS, and fiber maintenance projects for
many cities throughout Southern California, including the following:
•Caltrans D11 and 12
•City of Bell Gardens
•City of Brea
•City of Claremont
•City of Downey
•City of Eastvale
•City of Fullerton
•City of Glendale
•City of La Habra
•City of La Verne
•City of Montclair
•City of Orange
•City of Santa Ana
•City of Rancho Santa
Margarita
•City of Simi Valley
•City of Thousand Oaks
•City of Upland
•City of Westminster
•City of Yucaipa
……………………...………………………………………………………………………………………………….
Management Process
Upon receiving a work order or emergency call, our 24/7 dispatcher will direct a traffic signal/ITS/fiberoptic
technician to the project location to assess and remedy the situation. Regular update meetings will be
arranged in order to keep in close communication with the City’s designated staff or City contractors. We
anticipate, at a minimum, Econolite Systems’ designated Project Manager, Mr. Showalter, and our lead
technicians will attend these meetings. We will discuss the anticipated workload, status of spare parts and
inventory, previous repairs, ongoing City projects requiring on-site support, and other outstanding issues
during these meetings.
For all items, such as decisions and action items, notes will identify the responsible parties for that item.
From NTP through contract end, Econolite Systems will meet monthly with the City via telephone/video
conferencing. Within the first 30 days after NTP, we will submit monthly progress reports and invoices for
work completed during the prior month. Monthly progress reports will include the following:
•Progress report reporting period and percentage complete;
•Summary of completed and/or in progress work items including the location/intersection, work
description, hours/quantity, rate, and labor costs;
•Equipment purchases (when applicable), location or ticket number related to the purchase.
1J - 51
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 13
Electricians and Technicians
Econolite also has the resources and expertise to comprehensively address the City’s
requirements for this contract. Our designated personnel are International Municipal
Signal Association (IMSA) Level II and Level III technicians and NEC-certified
electricians with many years of experience in the traffic maintenance industry.
……………………...………………………………………………………………………………………………….
Licenses
•NEC-Certified General Electrician,State of California DIR (#138212)
Certifications
•IMSA Traffic Signal Senior FieldTechnician, Level III (#CE_97656)
•IMSA Traffic Signal FieldTechnician, Level II (#BE_97656)
•IMSA Traffic Signal Technician,Level I (#AA_97656)
•IMSA Work Zone Safety Certified(#ZZ_97656)
•OSHA 10-hr Construction Safetyand Health Certified (#34-006002344)
Cesar Dominguez, IMSA III
Lead Signal/ITS Electrician
Cesar is an NEC-certified Electrician with 19 years of experience in
traffic signal maintenance and repair. Cesar is also an IMSA Traffic
Signal Senior Field Technician Level III and is OSHA-certified in
Construction Safety and Health. His expertise includes, but is not
limited to, 332/170 equipment, Econolite controllers, VDS, central
system software, and UPS Battery Back-up Systems.
Cesar is trained and certified with programming, installation, and repair
of all traffic signal controllers and related equipment. He is also familiar
with pedestrian crosswalk systems and controllers (pedestrian
crosswalks) programming and repairs. Cesar is proficient in
programming, repairs, modifications and testing of CMU and MMUs.
Other capabilities include expertise with operations, installation, and
timing of EPV devices including hardware and software; ability to
perform cabinet modifications and up-grades; centralized operations
software; and knowledge of basic traffic signal timing principals. Some
of his experience with Econolite includes the following:
•Lead Technician, Traffic Signal Maintenance Services, City of
Glendale, CA – maintenance and repair of 2070 and 170
controllers, VDS, Opticom Preemption Detection System,
central system software, and UPS Battery Back-up System.
•Lead Technician, Traffic Signal Maintenance Services, County
of Ventura, CA – maintenance and repair of 170E controllers
and VDS, lamp burn-out, turned signals, UPS installation and
maintenance, intersection in flash, black outs, preventative
maintenance, and troubleshooting detection / communications.
•Technician, Traffic Signal Maintenance Services, City of
Thousand Oaks, CA – maintenance and repair of Econolite
controllers, VDS, central system software, and BBS.
Certifications
•IMSA Fiber Optics Technician,Level I (#FT_128341)
•Fiber Optics Association,(#FOA_3620175)
Paul S. Yglesias, IMSA FO
Lead Fiber Optics Technician
Paul has 12 years of experience in the communications industry with
three years maintaining and troubleshooting ITS, traffic control, and
infrastructure equipment. His experience includes work and
maintenance for various municipalities and Caltrans Fiber optic
networks, VDS, central system software, flashing warning lights,
illuminated street name signs, highway safety lighting, turned signals
and BBS Systems. Paul’s responsibilities include installation and
maintenance of IP equipment in cabinets for cities and troubleshooting
and repair on traffic/communication systems which includes testing
fiber and copper networks using various trouble shooting tools
including VFL, OTDR and power meters and repairing fiber and copper
systems using copper splice tools and enclosures as well as fusion
splicing single- and multi-mode fiberoptic cables. Paul also responds to
calls from cities for urgent repairs on their systems.
1J - 52
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 14
Licenses
•NEC-Certified General Electrician,
State of California DIR (#158389)
Certifications
•IMSA Traffic Signal Senior Field
Technician, Level III (#CE_97715)
•IMSA Traffic Signal Field
Technician, Level II (#BE_97715)
•IMSA Traffic Signal Technician,
Level I (#AA_97715)
•IMSA Work Zone Safety Certified
(#ZZ_97715)
•OSHA 10-hr Construction Safety
and Health Certified (#34-
006002360)
•NCCCO Certified Operator,
National Commission for the
Certification of Crane Operators
(TSS, BTF, STC, #1709145295)
Emilio Romo, Sr., IMSA III
Signal/ITS Electrician
Emilio has over 13 years of experience as an NEC-Certified Electrician
in the ITS and traffic signal industries. He is an IMSA Traffic Signal
Senior Field Technician Levell II, IMSA Work Zone Safety certified, and
is an NCCCO certified crane operator. Additionally, Emilio has
completed a four-year Certificate program focused on Industrial
Electricity from Long Beach City College.
Emilio is a highly experienced electrician with knowledge of electrical
codes and standards of practice. His experience includes installation,
maintenance, repair, and testing of electrical wiring, equipment, and
fixtures. He is also able to read and interpret as-built drawings to
complete tasks properly. Emilio is also familiar with programming and
repair of all traffic signal controllers and related equipment. Other
capabilities include:
•Familiarity with pedestrian crosswalk systems and controllers
programming and repairs
•Proficient in programming, repairs, modifications and testing of
CMUs and MMUs
•VDS including installation of software and hardware
•Experience with various Battery Backup Systems including
installation, programming, testing, and maintenance
•Operations, installation, and timing of EPV devices including
hardware and software
•Ability to perform cabinet modifications and up-grades
•Trained and certified in Centralized Operations Software
•Familiar with basic traffic signal timing principals
Licenses
•NEC-Certified General Electrician,
State of California DIR (#158995)
Certifications
•IMSA Traffic Signal Field
Technician, Level II (#BE_107362)
•IMSA Traffic Signal Technician,
Level I (#AA_107362)
•IMSA Work Zone Temporary
Traffic Control Technician
(#ZZ_107362)
Jorge O. Romo, Jr., IMSA II
Signal/ITS Electrician
Jorge serves as an ITS Technician for Econolite and has been with the
firm since October 2019. He has six years of comprehensive
experience as a commercial and industrial Electrician. Jorge is
responsible for performing monthly maintenance and repair services,
responding to city requests, and emergency service calls, as needed.
Jorge has in-depth programing and troubleshooting experience with
170, 2070, ASC 3, and Cobalt controller systems. His experience also
includes knowledge of all LACO, Bi-Trans 200, Bi-Trans 233, and 2033
controller software.
Jorge troubleshoots both loop and VDS and works on field wiring
issues. He also troubleshoots, maintains, and makes any necessary
repairs to Battery Back-up Systems. Jorge is also responsible for
making repairs to both street lighting and illuminated street name
signs. In addition to his IMSA certifications, Jorge is also certified in the
following:
•Flash Electrical Safety NFPA 70W®, TPC Trainco
•Fall Protection Competent Person (24 hrs.) certified, Kugan &
Associates and OSHA
1J - 53
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 15
Licenses
•NEC-Certified General Electrician,State of California DIR (#128579)
Certifications/Training
•IMSA Traffic Signal Senior FieldTechnician, Level III (#CE_97248)
•IMSA Traffic Signal FieldTechnician, Level II (#BE_97248)
•IMSA Traffic Signal FieldTechnician, Level I (#AA_97248)
•IMSA Traffic Signal Inspector(#SI_97248)
•IMSA Fiber Optics Technician,Level I (#FP_97248)
•IMSA Roadway LightingTechnician, Level I (#RR_97248)
•IMSA Work Zone Safety(#ZZ_97248)
Mike R. Oliver, IMSA III / FO
Traffic Signal Technician
Mike serves as an ITS Electrician for Econolite and is a NEC-Certified
Electrician and IMSA Traffic Signal Field Technician Level III, among
other IMSA certifications. He began his 26-year career as a Contract
Electrician for AT&T in 1996, where he built power DC plants. Mike
worked his way up to Lead Electrician responsible for overseeing the
work of three field technicians. Mike is highly-experienced in the areas
of traffic signal maintenance and repair, VDS, Battery Back-up
Systems, and troubleshooting.
Mike’s responsibilities include maintaining and repairing UPS systems,
turned signals, lamp burn-outs, intersections in flash, and black outs. He
is also familiar with installing, repairing, and maintaining Battery Back-up
Systems, 170E and 2070 controllers, and a variety of VDS. Mike is also
familiar with 200 and 233 programs for the BiTrans system. Mike is
certified in Traffic Control and Flagging by the Associated Builders and
Contractors Association of Southern California. He has served as a
Traffic Signal Technician for numerous cities throughout Southern
California including the Cities of Eastvale, Montclair, Claremont,
Westminster, Yucaipa, Laverne, and Upland.
Licenses
•NEC-Certified General Electrician,
State of California DIR (#107815)
Certifications
•IMSA Fiber Optics Technician,
Level I (#FT_94850)
•IMSA Traffic Signal Senior Field
Technician, LeveI III (#CE_94850)
•IMSA Traffic Signal Field
Technician, Level II (#BE_94850)
•IMSA Traffic Signal Technician,
Level I (#AA_94850)
•IMSA Fiber Optics Technician,
Level II (#FT_94850)
•IMSA Work Zone Safety Certified
(#ZZ_94850)
Ryan M. Shearer, IMSA III / FO
ITS/Fiber Electrician
Ryan is an NEC-certified Electrician, an IMSA Traffic Signal Senior Field
Technician Level III, and an IMSA-certified Fiber Optics Technician Level
II. He has over 19 years of diverse experience in electrical maintenance
and repair services and is adept with many types of traffic signal
controllers and specializes in the maintenance and repair of different
types of detection systems. Ryan is proficient in programming CMU and
MMU, basic signal timing principals, and cabinet modifications. He is
also experienced in program installation, testing, and maintenance of
various Battery Back-Up Systems.
Ryan is responsible for inspecting, installing, and maintaining electrical
components and systems, such as traffic signal circuits, cabinets,
transformers, circuit breakers, services, streetlight luminaries, CCTV
cameras, and communications equipment. He is called upon to identify
electrical problems with a variety of testing devices, performing repair-
replace services for infrastructure wiring, equipment, or fixtures. Ryan is
familiar with the following state and local building regulations based on
the NEC. He also performs the maintenance function for traffic signal
controllers and cabinets and performs basic troubleshooting and
preventative maintenance of traffic cabinets as well as underground
wiring. Other capabilities include:
•Familiarity with programming, installation, and repair of all traffic
signal controllers and related equipment
•Experience with pedestrian crosswalk systems and controllers
programming and repairs
•VDS including installation of software and hardware
1J - 54
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 16
•Operations, installation, and timing of EPV devices including
hardware and software
•Ability to perform cabinet modifications and up-grades
•Trained and certified in Centralized Operations Software
•Knowledge of basic traffic signal timing principals
Licenses
•NEC-Certified General Electrician,
State of California DIR (#156401)
Certifications
•IMSA Fiber Optics Technician,
Level I (#FT_96921)
•IMSA Traffic Signal Senior Field
Technician, Level III (#CE_96921)
•IMSA Traffic Signal Field
Technician, Level II (#BE_96921)
•IMSA Traffic Signal Field
Technician, Level I (#AA_96921)
•IMSA Work Zone Safety Certified
(#ZZ_96921)
•NCCCO Crane Operator (TSS)
Certification
Ryan P. Bell, IMSA III / FO
Traffic Signal/Fiber Optics Technician
Ryan has 13 years of experience maintaining and troubleshooting ITS,
traffic control, and infrastructure equipment, He is an NEC-certified
Electrician and an IMSA Traffic Signal Senior Field Technician Level III.
Ryan’s experience includes work and maintenance for various cities on
their Econolite controllers, VDS, central system software, flashing
warning lights, illuminated street name signs, highway safety lighting,
turned signals, and installation and maintenance of UPS BBS.
Ryan’s responsibilities also include troubleshooting detection and/or
communications and providing traffic signal and infrastructure
maintenance and repair services. He responds to calls from agencies
regarding and performs monthly, quarterly, semi-annual, and annual
inspections and preventive maintenance for several different agencies.
Other capabilities include:
•Programming and repair of all traffic signal controllers and with
pedestrian crosswalk systems and controllers
•Proficient in programming, repairs, modifications, and testing of
CMUs and MMUs
• Experience with VDS software/hardware installation
•Battery Backup Systems including installation, programming,
testing, and maintenance experience
•Ability to perform cabinet modifications and up-grades
Licenses
•NEC-Certified General Electrician,State of California DIR (#163483)
•Journeyman Electrician, GeneralElectrician, Associated Buildersand Contractors, Inc.
Certifications
•OSHA Construction Safety &Health Cert. (#34-004846715)
John E. Adams
Utility Technician
John has more than 10 years of experience in residential, commercial
and industrial electrical, with five years in traffic signals. John is also
experienced with installation and maintenance of camera detection
systems, Iteris radio detection systems, Traffic Logix speed radar
detection signs, as well as other transportation and traffic signal
systems. Prior to Econolite, John served as an Apprentice Electrician
for BEC Electrical Contractors where he was responsible for
installation, repair, and maintenance of electrical systems, including
lighting fixtures, electrical panels, outlets, and wiring. He also installed,
repaired, and maintained switchboards, wiring, and circuits, as well as
interpreted blueprints, schematics, and diagrams for each new project.
Some of John’s experience with Econolite includes the following:
•Technician, Traffic Signal Maintenance, City of Lake Forest –
assisted with all aspects of traffic signal upgrades, including
installation of new traffic equipment.
•Technician, Radar Installation. City of Monrovia – assisted with
the installation of radar equipment along LA Metro bus routes.
1J - 55
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 17
Licenses
•NEC-Certified General Electrician,
State of California DIR (#125648)
Certifications
•IMSA Traffic Signal Senior Field
Technician, LeveI III (#CE_79041)
•Advanced Fiber Optics, 12 hours;
Wiring Methods, 6 hours,
Associated Builders and
Contractors, Inc.
•Certificate, Industrial Electronics,
Santa Ana College
Scott T. Vu, IMSA III
Traffic Signal Technician
Scott is an NEC-certified Electrician and IMSA Traffic Signal Senior
Field Technician Level III with over 24 years of experience that
includes cabinet and controller repair, preventative and monthly
maintenance, troubleshooting intersections, communications
equipment, and pole installation. Scott’s proficiency in cabinet repair
and troubleshooting is so extensive that he is also called upon to test
traffic cabinets at the Econolite lab.
Scott’s comprehensive ITS experience also includes traffic signal
maintenance and repair, street, traffic control and communications
equipment maintenance, diagnostics, and all types of electrical
connections. Scott is knowledgeable, experienced, and capable of
handling all the City’s traffic signal systems, preventative maintenance and
repairs. He is one of Econolite’s Lead Technicians, working in most cities
in Southern California, at all levels of Traffic Signal Controls. His
responsibilities include lamp burn outs, turning signals, intersection in
flash, blackouts, preventive maintenance, and troubleshooting detection,
and communications. Other capabilities include:
•VDS including installation of software/hardware
•Battery Backup System installation, programming, testing, and
maintenance experience
•Ability to perform cabinet modifications and up-grades
•Familiarity with operations, installation, and timing of EPV
devices including hardware and software
•Trained and certified in Centralized Operations Software
Licenses
•NEC-Certified General Electrician,State of California DIR (#111896)
Certifications
•IMSA Traffic Signal Senior FieldTechnician, Level III (#CE_85396)
•IMSA Traffic Signal FieldTechnician, Level II (#BE_85396)
•IMSA Traffic Technician, Level I(#AA_85396)
•IMSA Traffic Signal ConstructionTechnician, Level II (#BC_85396)
•IMSA Traffic Signal Inspector(#SI_85396)
•IMSA Work Zone Safety Certified(#ZZ_85396)
Christopher L. Hale, IMSA III
ITS Technician
Chris is an NEC-certified Electrician with 11 years of experience in
traffic signal maintenance and construction. Chris is also an IMSA
Traffic Signal Field Technician Level III, an IMSA-certified Traffic Signal
Construction Technician, and an IMSA-certified Traffic Signal
Inspector. His expertise includes, but is not limited to, 332/170
equipment, Econolite controllers, VDS, central system software, and
UPS Battery Back-up Systems. Prior to Econolite, Chris worked for the
Cities of Torrance and Palmdale as a Traffic Signal Technician. Chris
is experienced with programming, installation, and repair of all traffic
signal controllers and related equipment. He is also familiar with
pedestrian crosswalk systems and controllers programming and
repairs, and is proficient in programming, repairs, modifications and
testing of CMUs and MMUs. Other capabilities include:
•Expertise with operations, installation, and timing of EPV
devices including hardware and software
•Ability to perform cabinet modifications and up-grades
•Trained and certified in Centralized Operations Software
•Knowledge of basic traffic signal timing principals
1J - 56
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 18
Licenses
•NEC-Certified General Electrician,
State of California DIR (#138182)
Certifications
•IMSA Fiber Optics Technician, Level I
(in progress)
•Diploma In Electrical Technology, 720
hours, National Institute of Technology
•CTEC Certification in Network Cable
and Fiber Optics, National Institute of
Technology, Los Angeles Trade
Technical College
•Caltrans Lane-Closure System
Training, Certificate
Jose Sanchez, IMSA
Fiber Optics Technician
Jose is an NEC-certified Electrician with 17 years of general
electrical experience, nine of which have been within the traffic
signal construction industry. Jose worked as a Field Superintendent
on a Caltrans District 7 project updating communication cables on
multiple freeways in the Los Angeles area. For the project, he
installed several miles of fiberoptic cables, performed DLC
installation and splicing, and coordinating with multiple agencies to
get the project completed.
Jose maintains and troubleshoots ITS, sets up traffic control, and
installs infrastructure equipment. His experience also includes
installation of fiber network cables runs, general electrical projects,
and maintenance for various cities. Has installs VDS, radar signs,
flashing warning lights, illuminated street name signs, highway
safety lighting, turned signals, and installation and maintenance of
UPS BBS. Jose’s responsibilities also includes supporting
maintenance technicians with emergency calls on knockdowns of
street light poles and traffic signal poles. He also responds to calls
from agencies regarding and performs monthly, inspections and
preventive maintenance for several different agencies.
……………………...………………………………………………………………………………………………….
Staff Electrician Licenses
1J - 57
E.ADDITIONAL BIDDER’S STATEMENTS:
If the Bidder feels that there is additional information which has not been included in the
questionnaire above, and which would contribute to the qualification review, it may add that
information in a statement here or on an attached sheet, appropriately marked:
_______
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 19
1J - 58
COMPANY INFORMATION
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 20
COMPANY INFORMATION
Firm Background
Econolite began in 1933 with a single unique product innovation, a stop sign with a flashing beacon that
turned off during the daytime, extending bulb life and reducing power consumption. That product shared
its name with the company, “ECONOLITE.” Since then, Econolite has never stopped innovating and is
one of the largest, most established providers of traffic control products and technology in the industry.
The Econolite family includes our services group, Econolite Systems, Inc., our product group, Econolite
Control Products, Inc. (ECPI), Econolite Canada, and CAVita, which offers world-class expertise in
Connected and Automated Vehicles. Together, the Econolite family employs over 900 employees
throughout North America.
Company ownership: California Corporation
Location of company offices:
Anaheim, CA (HQ), Fremont, CA; Houston, TX,
Colorado Springs, CO; Ankeny, IA; Atlanta, GA;
Richmond, VA; Rock Hill, SC; Miami, FL
Offices servicing California accounts: Anaheim, CA and Fremont, CA
Number of employees both locally and nationally: 900
Locations from which employees will be assigned: Anaheim, CA
Name, address, email address and telephone
number of our firm’s point of contact for the subject
maintenance services:
Patrick Showalter
1250 N. Tustin Avenue, Anaheim, CA 92807
pshowalter@econolite.com (714) 575-5549
Company background/history and why we are
qualified to provide the requested services: See below
Length of time providing the subject maintenance
services described in this RFP: 20 years
Econolite is the premier provider of traffic signal, ITS, and
fiber maintenance and repair services. We pride ourselves
on having the best-trained staff and providing the ultimate
customer service experience. We makes sure the job is done
right every time to keep the public safe and your traffic and
ITS systems operating smoothly. Our professional and
experienced team believes in the value of preventative
maintenance, quick response, and 24-hour-a-day on-call
availability. We have the depth of qualified technicians
required and available to perform the work requested for this
project, having provided traffic signal maintenance services
to numerous agencies throughout California.
We have more than 20 years of experience in the traffic signal maintenance industry performing work
similar to that of this RFP. We are expertly-trained and experienced in providing the following services:
•Traffic signal maintenance
•Emergency/extraordinary maintenance
•Fiber optics communication, testing,
termination, and installation
•Computerized maintenance
management and asset system
•Record management
•Installation
•Equipment testing
•Video Detection System maintenance
•UPS installation and maintenance
•Intersection rewiring
•Solar powered flashing beacons
•IRWM maintenance
1J - 59
KEY PERSONNEL QUALIFICATIONS
City of Palm Desert | Traffic Signal Hardware Upgrade Econolite Systems, Inc. | 21
C-10 Contractor’s License
https://www.cslb.ca.gov/OnlineServices/checklicenseII/LicenseDetail.aspx?LicNum=969067
Contractor’s License Detail for License # 969067
Business Information
ECONOLITE SYSTEMS INC
1250 N TUSTIN AVE
ANAHEIM, CA 92807
Business Phone Number: (714) 630-3700
Entity Corporation
Issue Date 01/10/2012
Expire Date 01/31/2024
License Status
This license is current and active.
All information below should be reviewed.
Classifications
C10 – ELECTRICAL
1J - 60
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Veronica Chavez, Director of Finance
REQUEST: ADOPT RESOLUTION FOR RECOGNIZED OBLIGATION PAYMENT
SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL
PERIOD FROM JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO
HEALTH AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN
RELATED ACTIONS
RECOMMENDATION:
Adopt Resolution for Recognized Obligation Payment Schedule and Administrative Budgets for
the fiscal period from July 1, 2023 through June 30, 2024, and taking certain related actions.
BACKGROUND/ANALYSIS:
Approval of these items is required pursuant to dissolution law in order to fund the approved
enforceable obligations of the Successor Agency to the Palm Desert Redevelopment Agency in
the 2023/24 fiscal year.
Health and Safety Code (“HSC”) Section 34177 requires that the Successor Agency prepare a
Recognized Obligation Payment Schedule (“ROPS”) annually, listing the anticipated payments
for enforceable obligations to be made from July 1 through the following June 30. The Successor
Agency must also prepare a proposed administrative budget for each six-month period, that
includes: (1) estimated amounts for Successor Agency administrative costs for the applicable
six-month fiscal period; (2) proposed sources of payment for the administrative costs; and (3)
proposals for arrangements for administrative and operations services provided by the City of
Palm Desert (the “City”) or another entity.
All ROPS and Administrative Budgets must be approved by the Riverside County Countywide
Oversight Board and submitted to the DOF for review. During their review, the DOF may
eliminate or modify any item on the ROPS before approving the ROPS. The process timeline,
pursuant to HSC Section 34177 is as follows:
January 12, 2023 ROPS/Admin Submitted to SARDA for approval
January 20, 2023 ROPS/Admin Submitted to County OSB for approval
February 1, 2023 ROPS/Admin due to DOF and CAC for approval
April 15, 2023 Deadline for DOF to provide approval
April 20, 2023* SARDA can file Meet and Confer to dispute any item
June 1, 2023 First distribution of RPTTF for 2023/24
January 1, 2024 Second distribution of RPTTF for 2023/24
June 30, 2024 Final expenditures related to 2023/24
The County Auditor-Controller is required to make RPTTF disbursements to the Successor
Agency pursuant to the DOF-approved ROPS for fiscal year 2023/24 on June 1, 2023 and
Item 1K - 1
January 2, 2024.
Staff recommends that the Board of Directors of the Successor Agency adopt the resolution
approving the ROPS and Administrative Budgets for fiscal year 2023/24 and taking certain
related actions.
FINANCIAL IMPACT:
The preparation and submittal of ROPS and Administrative Budgets for fiscal year 2023/24 are
necessary to allow the Successor Agency to pay its enforceable obligations for the period from
July 1, 2023 to June 30, 2024.
The “administrative cost allowance” is the amount of administrative costs that may be paid by
the Successor Agency from moneys received from the RPTTF. Subject to the Dissolution Act,
the permitted administrative cost allowance is the greater of: (i) $250,000 per fiscal year, or (ii)
up to 3 percent of the prior year RPTTF distribution less administrative cost allowance and
repayments of city loans; provided it does not exceed 50% of the prior year RPTTF distribution.
REVIEWED BY:
Department Director: Veronica Chavez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Resolution, ROPS, and Admin Budgets
Item 1K - 2
RESOLUTION NO. SA-RDA ___
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT
AGENCY APPROVING A RECOGNIZED OBLIGATION PAYMENT
SCHEDULE AND ADMINISTRATIVE BUDGETS FOR THE FISCAL PERIOD
FROM JULY 1, 2023 THROUGH JUNE 30, 2024, PURSUANT TO HEALTH
AND SAFETY CODE SECTION 34177 AND TAKING CERTAIN RELATED
ACTIONS
RECITALS:
A. Pursuant to Health and Safety Code (“HSC”) Section 34177(o), the
Successor Agency to the Palm Desert Redevelopment Agency (the “Successor Agency”)
must prepare a Recognized Obligation Payment Schedule listing the anticipated
payments for enforceable obligations to be made by the Successor Agency during the
fiscal period from July 1, 2023 through June 30, 2024 (“ROPS 23-24”) and submit ROPS
2023/24 to the oversight board of the Successor Agency for approval.
B. Pursuant to HSC Section 34179(j), commencing on and after July 1, 2018,
the Riverside Countywide Oversight Board (the “Oversight Board”) has jurisdiction over
the Successor Agency.
C. Pursuant to HSC 34177(l)(2)(B), at the same time that the Successor
Agency submits ROPS 23-24 to the Oversight Board for approval, the Successor Agency
must submit a copy of such ROPS 23-24 to the State Department of Finance (the “DOF”),
the County administrative officer, and the County Auditor-Controller.
D. Pursuant to HSC Section 34177(j), the Successor Agency must prepare a
proposed administrative budget for each six-month fiscal period (commencing each
January 1 and July 1) and submit each proposed administrative budget to the Oversight
Board for approval.
E. Each proposed administrative budget shall include all of the following: (1)
estimated amounts for Successor Agency administrative costs for the upcoming six-
month fiscal period; (2) proposed sources of payment for the costs identified in (1); and
(3) proposals for arrangements for administrative and operations services provided by the
City of Palm Desert or another entity.
F. Pursuant to HSC Section 34177(l)(2)(C) and Section 34177(o)(1), the
Successor Agency must: (i) submit the Oversight Board-approved ROPS 23-24 to the
DOF, the Office of the State Controller, and the County Auditor-Controller no later than
February 1, 2023, and (ii) post a copy of the Oversight Board-approved ROPS 23-24 on
the Successor Agency’s website.
G:\RDA\Veronica Tapia\Word Files\Staff Reports\Successor Agency\Palm Desert SA - SA reso for ROPS and Admin Budgets 23-24 1-13-22.docx
Item 1K - 3
Resolution No. SARDA-___
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE SUCCESSOR
AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY (THE “BOARD”),
HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. The above recitals are true and correct and are a substantive part of this
Resolution.
Section 2. ROPS 23-24, substantially in the form attached hereto as Exhibit A, is
hereby approved.
Section 3. Each of Administrative Budget 23-24A (covering the period from July 1,
2023 through December 30, 2023) and Administrative Budget 23-24B (covering the
period from January 1, 2024 through June 30, 2024) (together, “Administrative Budgets
23-24”), substantially in the form attached hereto as Exhibit B, is hereby approved.
Section 4. The Executive Director of the Successor Agency, in consultation with
the Successor Agency’s legal counsel, may modify ROPS 23-24 and/or the Administrative
Budgets 23-24 as the Executive Director or the Successor Agency’s legal counsel deems
necessary or advisable.
Section 5. Staff is hereby authorized and directed to submit a copy of ROPS 23-24
to the Oversight Board for approval and, at the same time, transmit a copy of ROPS 23-
24 to the DOF, the County Auditor-Controller and the County administrative officer as
designated by the County.
Section 6. Staff is hereby authorized and directed to also submit the proposed
Administrative Budgets to the Oversight Board for approval.
Section 7. Staff is hereby authorized and directed to submit a copy of Oversight
Board-approved ROPS 23-24 to the DOF, the Office of the State Controller, and the
County Auditor-Controller. If the Oversight Board has not approved ROPS 23-24 by
February 1, 2023, Staff is hereby authorized and directed to transmit ROPS 23-24 to the
DOF, the Office of the State Controller, and the County Auditor-Controller by February 1,
2023, with a written notification regarding the status of the Oversight Board’s review.
Written notice and information regarding the action of the Oversight Board shall be
provided to the DOF by electronic means and in a manner of DOF’s choosing.
Section 8. This Board hereby represents and warrants to the Oversight Board that
it examined all of the items on the ROPS 23-24 and finds that each of them is necessary
for the continued maintenance and preservation of property owned by the Successor
Agency until disposition in accordance with the Dissolution Act, the continued
administration of the ongoing enforceable obligations, or the expeditious wind-down of
the affairs of the former Palm Desert Redevelopment Agency by the Successor Agency.
Section 9. Staff is hereby authorized and directed to post a copy of the Oversight
Board-approved ROPS 23-24 on the Successor Agency’s Internet website (being a page
on the Internet website of the City of Palm Desert).
Item 1K - 4
Resolution No. SARDA-___
Section 10. The officers and the other Staff members of the Successor Agency are
hereby authorized and directed, jointly and severally, to do any and all things which they
may deem necessary or advisable to effectuate this Resolution, including but not limited
to requesting additional review by the DOF and an opportunity to meet and confer on any
disputed items, and making adjustments to ROPS 23-24 and/or Administrative Budgets
23-24 pursuant to the DOF’s instructions, and any such actions previously taken are
hereby ratified and confirmed.
PASSED, APPROVED AND ADOPTED this 12th day of January, 2023.
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Kathleen Kelly, Chair
ATTEST:
________________________________
ANTHONY MEJIA SECRETARY
SUCCESSOR AGENCY TO THE
PALM DESERT REDEVELOPMENT AGENCY
Item 1K - 5
EXHIBIT A
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
RECOGNIZED OBLIGATION PAYMENT SCHEDULE
(July 1, 2023 – June 30, 2024)
Item 1K - 6
Resolution No. SARDA-___
EXHIBIT B
SUCCESSOR AGENCY TO THE PALM DESERT REDEVELOPMENT AGENCY
ADMINISTRATIVE BUDGETS
(July 1, 2023 – December 31, 2023); and
(January 1, 2024 - June 30, 2024)
Item 1K - 7
Recognized Obligation Payment Schedule (ROPS 23-24) - Summary
Filed for the July 1, 2023 through June 30, 2024 Period
Successor Agency: Palm Desert
County: Riverside
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
23-24A Total
(July -
December)
23-24B Total
(January -
June)
ROPS 23-24
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 355,487 $ - $ 355,487
B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 355,487 - 355,487
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ 12,998,737 $ 10,798,713 $ 23,797,450
F RPTTF 12,957,975 10,385,175 23,343,150
G Administrative RPTTF 40,762 413,538 454,300
H Current Period Enforceable Obligations (A+E) $ 13,354,224 $ 10,798,713 $ 24,152,937
Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
Item 1K - 8
Palm Desert
Recognized Obligation Payment Schedule (ROPS 23-24) - ROPS Detail
July 1, 2023 through June 30, 2024
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
$569,872,502 $24,152,937 $- $- $355,487 $12,957,975 $40,762 $13,354,224 $- $- $- $10,385,175 $413,538 $10,798,713
9 Indian
Springs
Stipulated
Agreement
Litigation 02/27/
2009
02/27/2039 Indian
Springs
Mobilehome
Park
Judgement
related to
ISMHP
1 7,095,092 N $139,674 - - - 69,837 - $69,837 - - - 69,837 - $69,837
32 Stipulated
Judgement
Case No.
51124
Litigation 11/20/
1991
11/25/2032 Various Duties
required
under said
court order.
Desert Rose,
Etc. PDHA
subsidy for
1,100 Afford
Units
1 221,173,384 N $- - - - - - $- - - - - - $-
43 Agency
Owned
Properties
Property
Maintenance
07/01/
2013
06/30/2028 Utilities,
Maint
Services,
HOA Dues,
Etc.
Agency
owned
properties
monthly
carrying
costs prior to
disposition.
1 450,000 N $135,000 - - - 67,500 - $67,500 - - - 67,500 - $67,500
44 Additional
Disclosures
on TAB's
Fees 07/01/
2013
06/30/2042 Willdan Additional
disclosures
that will be
required to
report
changes in
the
allocation of
tax
increment
and the
payment on
tax allocation
bonds due to
AB 26.
These
disclosures
would not
have been
necessary
without this
legislative
change.
1 30,000 N $1,500 - - - 750 - $750 - - - 750 - $750
56 2003 Tax
Allocation
Bonds
Issued On or
03/12/
2003
08/01/2033 US Bank Semi-Annual
Debt Service
2 19,333,788 N $1,639,632 - - - 364,816 - $364,816 - - - 1,274,816 - $1,274,816
Item 1K - 9
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond Issue -
$15,745,000
Before 12/
31/10
Payment
61 City Loan for
formation of
Project Area
No. 2- 1986
City/County
Loan (Prior
06/28/11),
Cash
exchange
12/05/
1986
07/15/2038 City of Palm
Desert
Formation of
PA/Prop
Acquisition
2 7,890,000 N $- - - - - - $- - - - - - $-
86 Stipulated
Judgement
Case No.
51124
Litigation 11/20/
1991
07/15/2038 Various Duties
required
under said
court order.
Vineyards,
Emerald
Brook (Palm
Desert 103)
PDHA
subsidy for
1,100 Afford
Units
2 63,072,039 N $- - - - - - $- - - - - - $-
119 Stipulated
Judgement
Case No.
51124
Litigation 11/20/
1991
07/15/2038 Various Duties
required
under said
court order.
Falcon Crest
Afford
Housing Dev
-
Homeowners
at lots 1
through 93,
et al. PDHA
Subsidy for
1,100
Affordable
Units
3 16,602,589 N $- - - - - - $- - - - - - $-
160 Stipulated
Judgement
Case No.
51124
Litigation 11/20/
1991
07/15/2038 Various Duties
required
under said
court order.
PDHA
subsidy for
1,100
Affordable
Units
4 49,236,464 N $- - - - - - $- - - - - - $-
189 Project Area
Administration
Admin Costs 11/25/
1981
07/19/2044 Various Allowable
Costs per
Admin Plan-
staff, utilities,
professional
services, etc.
1-4 8,033,143 N $809,787 - - 355,487 - 40,762 $396,249 - - - - 413,538 $413,538
Item 1K - 10
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation
Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired ROPS
23-24 Total
ROPS 23-24A (Jul - Dec)
23-24A
Total
ROPS 23-24B (Jan - Jun)
23-24B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin
RPTTF
190 Costs
Associated
with
Disposition of
Assets
Property
Dispositions
07/01/
2013
06/30/2028 City of Palm
Desert
Remediation
of Health
and Safety
Issues and
costs related
to sale of
properties
owned by
former RDA
1-4 350,000 N $28,500 - - - 19,500 - $19,500 - - - 9,000 - $9,000
192 2017 NHA
Tax Allocation
Refunding
Bond Issue -
$52,390,000
Bonds
Issued After
12/31/10
01/23/
2017
10/01/2033 US Bank Semi-Annual
Debt Service
Payment
1-4 43,631,875 N $5,474,875 - - - 1,267,625 - $1,267,625 - - - 4,207,250 - $4,207,250
193 2017 NHB
Tax Allocation
Refunding
Bond Issue -
$140,130,000
Bonds
Issued After
12/31/10
01/23/
2017
10/01/2041 US Bank Semi-Annual
Debt Service
Payment
1-4 123,736,200 N $12,052,401 - - - 7,636,263 - $7,636,263 - - - 4,416,138 - $4,416,138
194 2017 HA Tax
Allocation
Refunding
Bond Issue -
$7,365,000
Bonds
Issued After
12/31/10
01/23/
2017
10/01/2031 US Bank Semi-Annual
Debt Service
Payment
HA 6,047,503 N $681,143 - - - 341,259 - $341,259 - - - 339,884 - $339,884
195 2017 HB Tax
Allocation
Refunding
Bond Issue -
$45,815,000
Bonds
Issued After
12/31/10
01/23/
2017
10/01/2023 US Bank Semi-Annual
Debt Service
Payment
HA 3,190,425 N $3,190,425 - - - 3,190,425 - $3,190,425 - - - - - $-
Item 1K - 11
Palm Desert
Recognized Obligation Payment Schedule (ROPS 23-24) - Report of Cash Balances
July 1, 2020 through June 30, 2021
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other
funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/20)
RPTTF amount should exclude "A" period distribution
amount.
724,832 1,328,559 87,582 Line G5 from PY Cash Balance
2 Revenue/Income (Actual 06/30/21)
RPTTF amount should tie to the ROPS 20-21 total
distribution from the County Auditor-Controller
26,824 34,043,082 Includes PMP Sales (if any), Interest, RPTTF
Dep
3 Expenditures for ROPS 20-21 Enforceable Obligations
(Actual 06/30/21)
126,000 324,334 33,840,816 Include PMP Sales Proceeds (if any) to CAC,
reduction to energy investment, permitted
admin from other on 20/21 ROPS and RPTTF
expenses
4 Retention of Available Cash Balance (Actual 06/30/21)
RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
598,832 877,828 87,582 *DDR/Other Restrict Cash: Energy Inv
($542,000)/Litigation Dep ($56,832)/Dist from
Bal in 21/22 ($255,765)/Dist from Bal in 22/23
($611,063) Other Funds to line 43 and 56/Dist
from RPTTF Bal to line 190 in 22/23
($87,582)
5 ROPS 20-21 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 20-21 PPA
form submitted to the CAC
No entry required
Item 1K - 12
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other
funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 20-21 Cash Balances
(07/01/20 - 06/30/21)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
6 Ending Actual Available Cash Balance (06/30/21)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $153,221 $202,266 Matches PPA
Item 1K - 13
Palm Desert
Recognized Obligation Payment Schedule (ROPS 23-24) - Notes
July 1, 2023 through June 30, 2024
Item # Notes/Comments
9
32
43
44
56
61
86
119
160
189
190
192
193
194
195
I
.............................. T ........................................................................................................................................................................................................................................................................................................................................... ..
·······························r············································································································································································································································································································································
Item 1K - 14
Exhibit "B"
BASED ON PY RPTTF DEPOSIT ROPS 23-24A ROPS 23-24B
Jul 1 - Dec 31, 2023 Jan 1 - June 30, 2024
Administrative Cost Allowance 396,249 413,538
ROPS 23-24A
Budget
ROPS 23-24B
Budget Source of
ADMINISTRATIVE COSTS Jul 1 - Dec 31, 2023 Jan 1 - June 30, 2024 Payment
Auditing Service 10,000 7,500 A
Bank Fees 7,500 20,000 A
Consulting Services 5,000 5,000 A
Legal Services 50,000 50,000 A
Personnel Expenditures1 323,749 2 331,038 2 A, B
Total Administrative Costs 396,249 413,538
A - Administrative Allowance, B - City General Fund
1 Includes salaries, training, travel, meetings, supplies, equipment, etc.
Successor Agency to the
Palm Desert Redevelopment Agency
ROPS 2023-2024
2City staff time reimbursement costs in excess of SARDA allowable administrative costs (as adjusted
per Department of Finance) will be borne by the City's General Fund.
12/25/2022
10:19 PM Proposed Administrative Budgets A&B - June 30, 2024 1.19.23.xlsx
Item 1K - 15
[This page has intentionally been left blank.]
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Randy Chavez, Community Services Manager
Shawn Muir, Senior Management Analyst
Andy Ramirez, Deputy Director of Public Works
REQUEST: AWARD ON-CALL CONTRACTS TO MULTIPLE VENDORS FOR PARK
AND FACILITIES REPAIRS AND IMPROVEMENT PROJECTS AND
APPROPRIATE FUNDS
RECOMMENDATION:
1. Award on-call contracts to PUB Construction, Inc., of Diamond Bar, California, Belfor USA
Group of Riverside, California, and Elite Customs Construction of San Jacinto, California
for Park and Facilities Repairs and Improvements, for a period of three (3) years in an
aggregate amount not to exceed $750,000 per fiscal year with the initial year being pro-
rated from date of approval, pursuant to the terms of the agreement(s).
2. Appropriate $220,000 from Unassigned Parkview Complex funds to Account No. 5104195-
4331000.
3. Authorize the Mayor to execute said agreements.
4. Authorize the City Manager to review and approve up to two (2) additional one-year terms
per vendor contract for an aggregated amount not to exceed $750,000 per fiscal year.
BACKGROUND/ANALYSIS:
There are currently 12 main building facilities and 12 park facilities in the City of Palm Desert
that require a considerable number of repairs and/or improvements for safety, functionality, and
marketability. Due to previous years of deferred maintenance, age, high usage, and the often-
immediate nature of repair or improvement needs, staff seeks to award three separate “on-call”
contracts to vendors that can efficiently and effectively respond to the City’s needs.
For example, the Parkview Office Complex was built over 30 years ago and requires immediate
updates to flooring, electrical, painting, and/or wall construction at several vacant or soon to be
vacant offices. Expediency is necessary to market these spaces to secure lease agreements
and maximize revenue potential. In addition, improvements are needed at the Palm Desert
Aquatic Center, including replacement of flooring in the locker rooms, restroom partitions, and
chemical room doors which have become corroded or inoperable.
City facilities included in the scope of work are outlined in the table below:
Buildings Fire Stations Parks and Recreation
City Hall
73510 Fred Waring Drive
Fire Station No. 33
44400 Towne Center Way
Aquatic Center
73751 Magnesia Falls Drive
Community Center Fire Station No. 67 Cahuilla Hills Park
Item 1L - 1
72559 Highway 73200 Mesa View Drive Tierra Del Oro
Corporation Yard
74705 42nd Avenue
Fire Station No. 71
73995 Country Club Drive
Cap Homme/Ralph Adams Park
72500 Thrush Road
Portola Community Center
45480 Portola Avenue
Future Fire Station No. 102
(FY 2024/25)
Civic Center Park
43900 San Pablo Ave
PD Sheriff Substation
73520 Fred Waring Drive
Freedom Park
77400 Country Club Drive
Parkview Office Complex-2 St
73710 Fred Waring Drive
Hovley Soccer Park
74735 Hovley Lane
Parkview Office Complex-1 St
73720 Fred Waring Drive
Ironwood Park
47800 Chia Drive
iHUB (Lease Responsibility)
37023 Cook Street, Ste 102
Joe Mann Park
77810 California Drive
Future facilities Magnesia Falls City Park
74200 Rutledge Way
Palma Village Park
44550 San Carlos Ave
University Park East
74902 University Park Drive
University Dog Park
74802 University Park Drive
Washington Charter School Park
45768 Portola Avenue
Future Parks
Staff developed and posted a Request for Proposals (RFP) for the Facilities Repairs and
Improvements Project on OpenGov (the City’s online public bidding portal) on September 2,
2022, with a due date of September 23, 2022. A mandatory pre-bid meeting was held on
September 9, 2022. Four vendors were in attendance, however, only three submitted proposals.
After reviewing and scoring each proposal using the evaluation guidelines established in the
RFP (clarity and conformance, experience, performance, content of the proposal, and
references), Staff recommends awarding contracts to all three proposers, not to exceed
$750,000 in aggregate, per fiscal year.
Proposer Location Ranking
PUB Construction, Inc. Diamond Bar, CA 1
Belfor USA Group Riverside, CA 2
Elite Customs Construction San Jacinto, CA 3
References for each contractor provided favorable comments to their ability to start and
complete projects on time, provide good communication, and customer service.
If approved, PUB Construction, Inc. will be engaged based on their extensive construction
capabilities and experience. Elite Customs Construction, Inc. is expected to be utilized for
smaller-scale repairs and projects such as paint, flooring, and lighting. Belfor USA Group will be
engaged for projects with a primary focus on restoration work. A task order will be issued for
each project negotiated pursuant to these contracts to ensure the three aggregate contract
Item 1L - 2
amounts do not exceed $750,000. Each contractor will be engaged on an as-needed basis to
ensure City parks and facilities meet the City of Palm Desert standards.
By awarding the aggregate (cumulative) amount of $750,000 per fiscal year amongst all three
proposers, the City will have the ability to utilize each contractor’s expertise for specific task
orders and avoid anticipated scheduling delays that may occur. Staff also consulted the City
Attorney regarding this RFP and confirmed the viability of this diversified approach.
FINANCIAL IMPACT:
The approved Budget for Fiscal Year 2022-2023 includes funding for repairs and improvement
projects under various Operations and Capital Improvements Accounts. There is no additional
financial impact to the general fund beyond the annual contract amount since each expenditure
will be allocated from the appropriate/associated maintenance account.
The following is the estimated allocation budget for each account; however, this does not
necessarily mean the full amount will be allocated to each budget nor that the full amount will be
spent:
Account No. Description Estimate
1104610-4331000 & -4332100 Civic Center Park $25,000
1104611-4331000 & -4332501 Parks $25,000
1104614-4392101 Entrada del Paseo $25,000
1104330-4331000 Corporation Yard $10,000
1104340-4331000 City Hall $25,000
1104344-4331000 Portola $10,000
2304220-4331000 & -4400100 Fire Stations $250,000
2424195-4331101 & -4400100 Aquatic Center $130,000
5104195-4331000 Government Buildings $250,000
TOTAL $750,000
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. PUB Construction, Inc. Proposal
2. PUB Construction, Inc. Agreement and Bonds
3. Elite Customs Construction, Inc. Proposal
4. Elite Customs Construction, Inc. Agreement and Bonds
5. Belfor USA Group Proposal
6. Belfor USA Group Agreement and Bonds
Item 1L - 3
Item 1L - 4
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-134
Facilities Repairs and Improvements Project
RESPONSE DEADLINE: September 23, 2022 at 2:00 pm
Report Generated: Tuesday, September 27, 2022
PUB construction Inc. Proposal
CONTACT INFORMATION
Company:
PUB construction Inc.
Email:
j.wilson@pubconstruction.com
Contact:
John Wilson
Address:
23545 Palomino Drive #104
Diamond Bar, CA 91765
Phone:
(909) 455-0187 Ext: 106
Website:
www.pubconstruction.com
Submission Date:
Sep 23, 2022 1:32 PM
Item 1L - 5
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 2
ADDENDA CONFIRMATION
No addenda issued
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
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.
Item 1L - 6
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 3
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.
Submitted_Bid_Palm_Desert_Facilities_Repairs.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 informa tion or
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, limit ed 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.
Item 1L - 7
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 4
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database
788668
Click to Verify Value will be copied to clipboard
4. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000005407
Click to Verify Value will be copied to clipboard
5. Type of Business*
S Corporation (if corporation, two signatures are required)
6. 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").
N/a
7. 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
Item 1L - 8
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 5
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
8. 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
9. Project Team Resumes*
Submit resumes of all key personnel/support staff that will produce work product for the Servic es. Describe their qualifications,
education, and professional licensing.
Robert_Tagayuna_Resume.pdfSean_Chiew_Resume_updated.pdf
10. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
Chris Yi, President, 23545 Palomino Drive, Suite #104, Diamond Bar, CA 91765, chris.yi@pubconstruction.com, (909) 455 -0187
Item 1L - 9
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 6
Chris Yi, Secretary, 23545 Palomino Drive, Suite #104, Diamond Bar, CA 91765, chris.yi@pubconstruction.com, (909) 455 -0187
11. 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
PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Construction Foreman 1 Hourly Rate $130.00 $130.00
2 Construction Supervisor 1 Hourly Rate $100.00 $100.00
3 Framer 1 Hourly Rate $114.00 $114.00
4 Drywall Installer 1 Hourly Rate $114.00 $114.00
5 Plumber 1 Hourly Rate $132.00 $132.00
6 Concrete Worker 1 Hourly Rate $110.00 $110.00
7 Carpenter 1 Hourly Rate $114.00 $114.00
8 Painter 1 Hourly Rate $89.00 $89.00
9 Welder 1 Hourly Rate $131.00 $131.00
10 Flooring Installer 1 Hourly Rate $88.00 $88.00
11 Laborer 1 Hourly Rate $104.00 $104.00
Item 1L - 10
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 7
Line Item Description Quantity Unit of
Measure
Unit Cost Total
TOTAL $1,226.00
Item 1L - 11
Item 1L - 12
Item 1L - 13
Item 1L - 14
Item 1L - 15
Item 1L - 16
Item 1L - 17
Item 1L - 18
Item 1L - 19
Item 1L - 20
Item 1L - 21
Item 1L - 22
Item 1L - 23
Item 1L - 24
Item 1L - 25
Item 1L - 26
Item 1L - 27
Item 1L - 28
Item 1L - 29
Sean Chiew
2401 S. Hacienda Blvd. #128
Hacienda Heights, CA 91745
Cell Phone (213) 505-7636 ~ Email:
sean@pubconstruction.com
OBJECTIVE
Seeking a challenging growth opportunity where my formal education and experiences
can be applied for the continuous development of a strong and stable company.
EXPERIENCE
PUB Construction, Inc. Pomona, CA
Project Manager July 2013 to Current
Managed Job Order Contracts (JOC):
•County of San Bernardino
$4,000,000.00 General Contract
$1,500,000.00 Flooring Contract
•County of San Diego
$3,000,000.00
•California State University, Fullerton (4 years)
$3,000,000.00 per year
•California State University, Chancellor’s Office (2 years)
$1,000,000.00 per year
•San Diego State University (2 years)
$3,000,000.00 per year
•County of Los Angeles Internal Services Department (2 years)
$4,500,000.00 per year
Public Projects Completed:
•Theo Lacy Tenant improvement project (Orange County Sheriff department):
$1,800,000.00
•Santa Monica College Bundy Parking Lot 2 Renovation
$1,200,000.00
Private Projects Completed:
•President Asset Group – Wood Glen Apartments Renovation
$3,200,000.00
•Apartment Renovation – Torrey Hills Phase II Landscape and Common Area
$1,188,000.00
Exbon Development, Inc. Garden Grove, CA
Project Manager March 2012 to June 2013
Federal Projects: IDIQ (Indefinite delivery/indefinite quantity) Roofing contract with
Edwards Air Force Base, Edwards, CA. Cool Roofing system; single ply PVC membrane.
As a Project Manager, worked and finished 12 Buildings ranging from $250,000 to
$2,800,000.00
•Building 2200 (fitness center), bldg. 1810 (JSF F-35 aircraft hangar), bldg. 3735
(warehouse receiving), bldg. 8523 & 8512 (chemistry laboratory), bldg. 5550 (petItem 1L - 30
adoption center), bldg. 1450 (supervision center) and 5 other buildings.
Management of assigned projects and direct and coordinates the activities of the various
trade groups / crew. Ensure quality control, safety, profitability and client satisfaction.
Ensure client satisfaction by understanding the client's vision/objectives for the project,
the project delivery process, and financial metrics. Have a working knowledge of the
overall direction of the project from pre-construction phase (includes input on estimates
and schedules) through closeout including contractual and specification documentation
compliance, advising on construct-ability issues, setting quality standards, managing
team collaboration, and meeting or exceeding the project's forecasted profit goals. Ensure
that the work progress according to schedule, material and equipment are delivered to the
site on time, and that the activities of the various workers do not interfere with one
another.
Fullerton, CA Cal-Pac Engineering (SK Engineering & construction USA Subsidiary)
Assistant Project Manager
Public Projects:
March 2008 to March 2010
•Los Angeles County Sanitation District (LACSD) Puente Hills Landfill warehouse
project- renovation and improvement of existing warehouse, parking lot and storage
area: $1,600,000.00
•Los Angeles County Job Order Contract - Mt. Wilson, Sorensen Park Office
Sierra HWY and Hall of Justice: $4,000,000.00
Assisted Private Project:
•30 unit 311 Gramercy Place condominium project: $20,000,000.00
Project superintendent: Coordinate and supervise the construction process from the
conceptual development stage through final construction, making sure that the project
activities are carried out safely while complying with Federal, State and Local legal
requirements. Work with all parties including operations, project managers, engineers,
architect, laborers and clients to ensure effective management of the project. Oversee the
performance of all trade contractors and ensure that all work is completed on schedule.
Oversee the delivery and use of materials, tools, and equipment; worker productivity and
safety and the quality of construction.
Assistant project manager: Public works projects, oversee processing of submittals,
RFIs, change orders, weekly and monthly schedule and document control, safety
meetings, coordination meetings, attend and resolve problems and record and review
meeting minutes.
Torrance, CA KEE Construction, Inc.
Project Manager December 2005 to March 2008
Private Projects: Fast track commercial tenant improvements. Retail clothing chain stores
in many different locations throughout California (Torrance, San Francisco, Fresno, San
Diego, Carlsbad, Salinas, Citrus Heights, National City, Escondido, Hayward and etc.) ,
ranging from $600,000 - $1,000,000. (Against All Odds USA INC.) As a Project
Manager, worked and finished 10 stores in a year and renovate & repaired 7 existing
stores.
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Oversee one or more tenant improvement projects as on-site manager for overall
responsibility of schedule compliance, cost control and quality assurance. Communicate
project progress with management. Coordinate work with subcontractors. Interrelate with
Owners Representatives. Obtain necessary permits and licenses. Ensure that project
activities are carried out safely, on-time, and within budget while complying with Federal,
State and Local legal requirements.
HanSol Electric, Inc. Santa Fe Springs, CA
Supervisor / Estimation Coordinator December 2003 to February 2005
Estimation Coordinator: Support and assist estimators in the bidding process, including
preparation of new estimates. Create, maintain and distribute all departmental
documentation including bid invites, ordering and distributing blueprints, preparing client
proposals. Transfer project information in an accurate and complete manner.
•Organizing schedule for electricians.
•Managing and coordinating jobsites.
EDUCATION
Rest from study – University of California, Irvine.
Associate of Arts Degree from Santa Monica College
Graduated from Fairfax High School in Los Angeles, St. Mary’s Middle School and
Elementary School #8 in New Jersey.
QUALIFICATIONS
•Effective, results-oriented people person.
•Oriented to company's goals and policies accomplishment.
•High qualification in team leadership for construction activities.
•Able to represent company with professionalism and confidence.
•Able to prioritize workload and meet deadlines.
•Supportive, committed and responsible.
•Willing to travel
SPECIALIZED SKILLS / CERTIFICATIONS
•Fluent in English and Korean
•Computer proficiency in Microsoft Office Applications, Visual Basic and Internet.
•California (B) General Building Contractor and (C-39) Roofing Contractor License
•CPR and First Aid Training
•30 Hour OSHA safety certified
•Industrial forklifts certified
•Scissor lifts and boom lifts certified
RFERENCES
•Tim Pae: (213) 249-1088 Project Manager / Cal-Pac Engineering Co., Inc.
•Don Seo: (714) 719-4223 Vice President / Exbon Development, Inc.
•Justin Lee: (909) 973-4833 Vice President / Pub Construction, Inc.
•CR Chang: (310) 413 4598 General Manager / KEE Construction, Inc.
•Jiwon Choi: (714) 395 7371 - Vice President / HanSol Electric, Inc.
Item 1L - 32
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 12TH day of JANUARY, 2023 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”) PUB CONSTRUCTION,
INC., a CORPORATION, with its principal place of business at 23545 PALOMINO DRIVE #104,
DIAMOND BAR, CA 91765 (“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
and in the task order(s) to be issued pursuant to this Agreement and executed by the City and
Contractor (“Task Order”).. 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 FACILITIES REPAIRS
AND IMPROVEMENTS PROJECT (“Project”) as set forth in this Agreement on an on-call, as-
needed basis. There is no guarantee of any of work under this Agreement other than what is
specified herein or that the not-to-exceed compensation amount set forth herein will be spent.
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 and in the individual Task Orders issued by the City. No
Services shall be performed unless authorized by this Agreement and by a fully executed Task
Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed
in accordance with, this Agreement, any relevant Task Order, 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 JANUARY 12,
2023, to JUNE 30, 2025, 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
TWO additional one-year terms. Contractor shall complete the Services within the term of this
Agreement and shall meet any other established schedules and deadlines set forth in each
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individual Task Order issued by the City. The Parties may, by mutual, written consent, extend
the term of this Agreement if necessary to complete the Services.
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 each Task
Order 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 RANDY
CHAVEZ, COMMUNITY SERVICES MANAGER, 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 CHRIS
CHAE Y. YI, 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,
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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,
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, and shall meet
any other established schedules and deadlines set forth in the Task Order(s) (“Performance
Time”). Contractor shall perform the Services in strict accordance with any completion schedule
or Project milestones described in this Agreement or any Task Order(s), 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.
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
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
Item 1L - 35
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.
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(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
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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
other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
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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.
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(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
Item 1L - 40
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
Item 1L - 41
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 maximum compensation
for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task
Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($750,000) per fiscal year 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,
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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
Item 1L - 43
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:
PUB CONSTRUCTION, INC.
23545 PALOMINO DRIVE, #104
DIAMOND BAR, CA 91765
CHRIS CHAE Y. YI, PRESIDENT
City:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Randy Chavez, Community Services Manager
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.
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
Item 1L - 44
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 this Agreement or any Task Order, 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.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
Item 1L - 45
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.
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
Item 1L - 46
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.
3.5.18 Reserved.
[SIGNATURES ON NEXT PAGE]
Item 1L - 47
SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND PUB CONSTRUCTION, 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:
ANTHONY J. MEJIA
CITY CLERK
APPROVED AS TO FORM:
By:
Best Best & Krieger LLP
City Attorney
PUB CONSTRUCTION, INC.
By:
Its:
PRESIDENT___________________________
Printed Name:
CHRIS CHAE Y. YI_____________________
By:
Its:
VICE PRESIDENT______________________
Printed Name:
CHRIS CHAE Y. YI_____________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number (if applicable)
Item 1L - 48
EXHIBIT “A”
SCOPE OF SERVICES
PALM DESERT FACILITIES IMPROVEMENT PROJECT
SCOPE OF SERVICES
1. SCOPE OF WORK
The work to be done consists of furnishing all labor, incidental materials, equipment,
necessary tools and machinery, supervision, all utility and transportation services, and
incidentals required for the Facilities Improvement project in accordance with the
Specifications.
This contract provides for the regular evaluation and maintenance project services for
the City owned or operated facilities listed below.
2. LOCATION OF WORK
• City Hall Building, 73-510 Fred Waring Drive
• Community Center (Henderson), 72559 Highway 111
• Corporation Yard, 74705 42nd Avenue
• Portola Community Center, 45480 Portola Avenue
• Palm Desert Sheriff Substation, 73520 Fred Waring Drive
• Parkview Office Complex, 73710 Fred Waring Drive
• State Building, 73-720 Fred Waring Drive
• iHUB, 37023 Cook Street, Suite 102
• Fire stations
o Fire Station No. 33, 44400 Towne Center Way
o Fire Station No. 67, 73200 Mesa View Drive
o Fire Station No. 71, 73995 Country Club Drive
• Aquatic Center, 73751 Magnesia Falls Drive
• Parks buildings
o Cahuilla Hills Park, 45825 Edgehill Drive
o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd
o Civic Center Park, 43900 San Pablo Ave
o Freedom Park, 77400 Country Club Dr
o Hovley Soccer Park, 74735 Hovley Lane
o Ironwood Park, 47800 Chia Drive
o Joe Mann Park, 77810 California Drive
o Magnesia Falls City Park, 74200 Rutledge Way
o Palma Village Park, 44550 San Carlos Ave
o University Park East, 74902 University Park Drive
o University Dog Park, 74802 University Park Drive
o Washington Charter School Park, 45768 Portola Avenue
The Contractor will furnish all labor, materials, renderings, equipment, tools, removal,
installation, coordination, permits, supervision, utility and transportation services, and
incidentals (including tax) as necessary. Each of these facilities has unique
Item 1L - 49
maintenance needs that will be met through this contract. All facility maintenance and
improvement projects will be conducted in a manner that provides for the adequate and
safe use of the facility and continues the City’s prominence as a world-class municipality
for the enjoyment of the community.
3. GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary equipment and labor to perform maintenance
projects on an as-requested basis for the City. Facilities maintenance requests will be
based on contractor assessments in coordination with City staff.
3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per
quarter on a rotating basis or based on priority designated by City staff. The purpose
of the site visits is to perform inspections and assessments, provide recommendations,
and develop long-term plans for facility upkeep. A written report will be developed by
the Contractor after each site visit and submitted to City staff within two weeks of the
site visit. Minimum requirements for the report include:
• Site locations visited and address
• Contractor representative and contact information
• Date and time of visit
• Prioritized list of areas recommended for maintenance projects
• Descriptions of maintenance projects
• Estimated cost to complete each maintenance project
• Photos
3.2 The contractor will provide technicians capable of working on a variety of facility
elements, including but not limited to:
• Framing
• Drywall
• Painting
• Concrete
• Carpentry
• Audio/Visual & Security
• Welding
• Flooring
• Fixtures
• Plumbing
3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1)
meeting annually for the duration of the contract with City staff to review short-term
and long-term maintenance need projections and life expectancies of facility
furnishings. This will allow the City to accurately budget and plan for anticipated
maintenance needs, facility repairs and upgrades.
3.4 Contractor shall provide appropriate equipment and labor for the execution of all
maintenance and repair activities. City of Palm Desert reserves the right to inspect
and/or approve any equipment used in this contract. If City of Palm Desert deems the
equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert
may require that the equipment be removed from the job site and replaced with a
Item 1L - 50
different piece of equipment.
3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance.
Contractor shall provide personnel capable of effective verbal and written
communication with City of Palm Desert representatives. If City of Palm Desert deems
personnel to be inadequate to accomplish the task at hand, City of Palm Desert may
require that the personnel be removed from the job site and replaced with personnel
demonstrating the appropriate level of job knowledge, skills, and verbal
communication to effectively accomplish the work.
3.6 Prior to commencement of the contract, designated City of Palm Desert
representative(s) and the Contractor will perform a mandatory acceptance walk-
through inspection of the contract area.
3.7 All new equipment installations provided by the Contractor will include a one-year
warranty or better.
3.8 Contractor shall remove debris caused by all maintenance activities on the same
working day that such debris is accumulated, unless otherwise agreed upon by the
Contractor and City staff in advance.
3.9 Contractor is required to protect from damage as necessary, existing equipment that
is not part of the maintenance services. Contractor will be responsible to replace or
repair any equipment damaged by contractor, not related to the service, at Contractor’s
expense and include a one-year warranty or better.
3.10 Contractor is responsible for cordoning off public areas during their course of work as
to protect the public from harm. Contractor is to supply all safety equipment as needed
to perform the scope of work, including but not limited to: signage, cones, partitions,
plywood covers, etc.
3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300
of the Public Contract Code, all proposers must possess proper licenses for
performance of the Contract. Subcontractors must possess the appropriate licenses
for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and
Professions Code, the City shall consider any proposal submitted by a contractor not
currently licensed in accordance with state law and pursuant to the requirements found
in the Contract Documents to be nonresponsive, and the City shall reject the proposal.
The City shall have the right to request, and the proposers shall provide within five (5)
calendar days, evidence satisfactory to the City of all valid license(s) currently held by
that proposer and each of the proposer’s subcontractors before awarding the Contract.
Item 1L - 51
4. MAINTENANCE PROJECTS
Maintenance projects will be determined based on the prioritized lists developed
through the quarterly facility inspections. City of Palm Desert staff will inform the
contractor when a maintenance project may be initiated.
4.1 No work will be initiated without an approved City of Palm Desert Work Order.
4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope
and cost of the project.
4.3 The Contractor will provide an estimated timeline for project milestones and
completion.
5. PAYMENT
Maintenance service and materials not described in this scope of work will be needed
periodically to satisfactorily maintain the City facilities. On such occasions, the following
criteria will be followed:
5.1 All work shall be approved in writing on a City-issued extra work form by the Director
of Public Works, or his designee, prior to ordering or commencing activities.
5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform
work shall constitute the City’s denial of payment for said work and parts. Upon
Contractor’s submission of requests for work and/or parts the City reserves the right
to reject quotations on each item, separately or as a whole.
5.3 State and local taxes as applicable, shipping/handling/freight on board charges,
applied discounts, and labor estimates shall be shown separately. All materials will
be paid at cost plus an allowable 15% markup. Labor will be paid based on the
approved Price Sheet. Receipts are required to be submitted with approved
invoice(s). Estimated dates for delivery and installation shall be noted.
5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list
of services provided and costs not listed in the Scope of Services or Price
Sheets. The City may negotiate costs, if needed, prior to approval of the
Agreement.
Item 1L - 52
EXHIBIT “B”
SAMPLE TASK ORDER FORM
Task Order No. ______
Agreement: MAINTENANCE SERVICES AGREEMENT
Contractor: PUB CONSTRUCTION, INC.
The Contractor is hereby authorized to perform the following work subject to the provisions
of the Agreement identified above:
List any attachments:
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: ____________, 20___
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials,
except as may be otherwise noted above, and perform all work specified above in accordance with
the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF PALM DESERT PUB CONSTRUCTION, INC.
Dated: Dated:
By: By:
Item 1L - 53
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. The
City and Contractor may review the CPI on an annual basis and recommend adjustments to the
City Manager or City Council for approval. Any increase shall not exceed the Consumer Price
Index.
The maximum compensation for Services to be provided pursuant to each Task
Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall
not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) without written
approval of the City Council or City Manager, as applicable.
Pricing schedule is as follows:
[SEE ATTACHED PROPOSAL FEE SCHEDULE]
Item 1L - 54
EXHIBIT “D”
SPECIAL PROVISIONS
1. PRE-COMMENCEMENT CONFERENCE
A pre-commencement conference shall be conducted at the Palm Desert City Hall, 73 510 Fred
Waring Drive, Palm Desert, California, 92260 prior to the start of work. The area manager or
superintendent assigned by the Contractor for this project shall be present at the Pre-
commencement Meeting. The Contractor shall prepare a tentative maintenance schedule for
submission and review at the pre-commencement meeting. The discussion shall include but not
be limited to: project supervision; progress schedules and reports; payments to Contractor; safety;
and other anticipated issues pertinent to the contract.
At this conference, the Contractor shall designate, in writing, a representative who shall have
authority to act for the Contractor. An alternate representative may be designated. The
representative or alternate shall be available whenever work is in progress or whenever actions
of the elements necessitate its presence to take measures necessary to protect the project,
persons, or property. Any order or communication given to this representative shall be deemed
delivered to the Contractor.
Those attending the meeting shall include, but not be limited to the following:
1. Contractor
2. City of Palm Desert Deputy Director of Public Works
3. City of Palm Desert Project Manager
4. City of Palm Desert Public Works Staff
5. Pertinent Subcontractor(s)
2. PUBLIC CONVENIENCE
The Contractor shall conduct operations as to offer the least possible obstruction and
inconvenience to the public and shall have under active maintenance no greater length or amount
of work then can be prosecuted properly with due regard to the rights of the public. Contractor
must obey Housing directives.
Paths of travel must be maintained free of obstructions and hazardous conditions when contractor
is off site. To the extent any portion of the work requires obstructing pedestrian paths of travel,
the work area shall be secured and cordoned off to prevent use of equipment. Where Contractor’s
operations may create hazardous conditions to pedestrian paths of travel, appropriate signing
and barricades shall be installed to safely route pedestrians around the impacted area.
3. HOURS OF WORK
Unless otherwise approved by City of Palm Desert, Contractor shall not work outside the
established hours of operation under this contract:
May 1 through September 30
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• Weekdays (MTWTF): 5:30 AM to 7:00 PM
• Weekends (Saturday): *8:00 AM to 5:00 PM
• Weekends (Sunday): No Work
• Government Code Holidays: No Work
October 1 through April 30
• Weekdays (MTWTF): 7:00 AM to 5:30 PM
• Weekends (Saturday): *8:00 AM to 5:00 PM
• Weekends (Sunday): No Work
• Government Code Holidays: No Work
*Work is permitted on Saturdays only with prior approval by City of Palm Desert or its agent.
Work is not permitted on Sundays and during City of Palm Desert holidays.
Failure to observe these work hours may result in a citation being issued to the offenders by the
police department. (Emergency work directed by City of Palm Desert is not held to these
restrictions.)
4. UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by
UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with
the precise locations of their substructures in the construction area when the Contractor gives at
least 48-hours’ notice to the Underground Service Alert by calling 1-800-227-2600. The location
and existence of utilities and improvements shown on the plans are approximate and taken from
available records. The Contractor shall verify the location of existing improvements and shall take
all precautions to protect them whether shown or not.
5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS
The Contractor shall be responsible for all damages to persons or property that occurs as a result
of the work. Contractor shall be responsible for the proper care and protection of all materials
delivered and work performed until completion and final acceptance by the City of Palm Desert.
All work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent
property from settlement or loss of lateral support as necessary. Contractor shall comply with all
applicable safety laws and building codes to prevent accidents or injury to persons on, about, or
adjacent to the Project site where work is being performed. Contractor shall erect and properly
always maintain, as required by field conditions and progress of work, all necessary safeguards,
signs, barriers, lights, and watchmen for protection of workers and the public, and shall post
danger signs warning against hazards created in the course of construction.
Contractor shall remove at its own expense all rubbish and waste materials resulting from its
operations, including material that is replaced, packaging material, and other debris generated. If
on private property, Contractor must obtain permission from the property owner prior to removing
debris. All debris must be removed before the end of the day unless otherwise directed by City of
Palm Desert or City of Palm Desert’s agent.
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6. CHANGES IN THE WORK
Contractor shall make no changes in the work without written direction from City of Palm Desert.
Contractor shall not be compensated for any change made without City of Palm Desert’s written
direction. No changes in the work covered by this Agreement shall exonerate any surety or any
bond given in connection with this Agreement. All such changes in the work authorized by change
order shall be performed under the applicable conditions of the Contract Documents. Contractor
must give written notice of a proposed change order required for compliance with the Contract
Documents within seven (7) days of discovery of the facts giving rise to the proposed change
order.
7. CLAIMS
The Contractor will indemnify and save the City of Palm Desert, City and their agents harmless
from all claims growing out of the lawful demand of Subcontractors, laborers, workmen,
mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools,
and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at
the City of Palm Desert's request, furnish satisfactory evidence that all obligations of the nature
designated above have been paid, discharged, or waived. If the Contractor fails to do so the City
of Palm Desert may, after having notified the Contractor, either pay unpaid bills or withhold from
the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay
any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the
terms of the Contract Documents, but in no event shall the provisions of this sentence be
constructed to impose any obligations upon the City of Palm Desert to either the Contractor his
Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by
the City of Palm Desert shall be considered as a payment made under the Contract Documents
by the City of Palm Desert to the Contractor and the City of Palm Desert shall not be liable to the
Contractor for any such payment made in good faith.
8. DISPUTE RESOLUTION
Notwithstanding any other provision herein, provisions and procedures in this Section, claims of
$375,000 or less shall be resolved pursuant to the procedures set forth in California Public
Contract Code §§ 20104, et seq. Contractor shall comply with the claim procedures set forth in
Government Code section 900 et seq. prior to filing any lawsuit against the City of Palm Desert.
If no such Government Code claim is submitted, or if the prerequisite contractual requirements
are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and
maintaining a lawsuit against the City of Palm Desert.
9. PROJECT SAFETY
The Contractor shall take all responsible precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to:
1. All employees on the project and all other persons who may be affected thereby;
2. All the work and all materials and equipment to be incorporated therein, whether in storage
on or off the site, under the care, custody or control of the Contractor or any of his
Subcontractor or Sub-Subcontractors;
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3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply
continuously and not be limited to normal working hours.
The Contractor is responsible to design, construct and maintain all safety devices as required by
law or manufacturer. The Contractor shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public City of Palm Desert bearing on the
safety of persons or property or their protection from damage, injury or loss. Neither the City of
Palm Desert nor the City of Palm Desert’s Representative shall enforce safety measures or
regulations. The contractor must submit a comprehensive written safety program covering all
aspects of onsite and applicable offsite operations and activities associated with the contract.
The Contractor shall erect and maintain, as required by existing conditions and progress of the
work, all reasonable safeguards for safety and protection, including posting signs and other
warnings against hazards, promulgating safety regulations and notifying park users that repairs
are being made. The Contractor shall use proper safety signing and barricading as defined by
ASTM 1487 and best practices
The Contractor shall use such foresight and shall take such steps and precautions as operations
make necessary to protect the public from danger or damage, or loss of life or property, which
would result from the interruption or contamination of public water supply, irrigation or other public
service or from the failure of partly completed work.
The Contractor shall take all necessary precautions to protect the public from the hazards of open
excavations, and other worksite hazards. Repairs shall either be covered or adequately fenced at
night and on weekends or whenever operations are not in actual progress.
High visibility clothing shall be worn at all times when working on the project. It is the Contractor's
responsibility to ensure that this requirement is enforced.
Contractor shall ensure that all working personnel are identified by a work uniform that, at a
minimum, consists of a shirt that identifies the company. All work vehicles used on the project
shall also be identified, at a minimum, with the company name adequately displayed on the
vehicles.
All safety devices and all guards for equipment shall be in place and in proper working order
during equipment use. No safety device or guards shall be removed, modified or altered in any
way, except in strict accordance with the manufacturer’s recommendation.
In case of an emergency, which threatens loss or injury to property or life, Contractor shall act
without previous instructions as the situation may warrant. Contractor shall notify Project Manager
immediately thereafter. Any compensation for emergency work claimed by Contractor, together
with substantiating documentation, shall be submitted to City of Palm Desert.
Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the
Contractor has not taken sufficient precaution for the safety of the public or the protection of
utilities or of adjacent structures or property or if immediate action shall be considered necessary
in order to protect public or private personnel or property interest, or prevent likely loss of human
Item 1L - 58
life or damage on account of the operations under the contract, then and in that event, the City of
Palm Desert may provide suitable protection to said interest by causing such work to be performed
and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable
and necessary. The cost and expense of said labor and material together with the cost and
expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he
shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the
Project Manager, then said costs and expense will be paid by the City of Palm Desert and shall
thereafter be deducted from any amounts due, or which may become due said Contractor. Failure
of the City of Palm Desert to take such precautionary measure shall not relieve the Contractor of
his full responsibility for public safety.
10. WORK AREA APPEARANCE
The Contractor shall maintain the work area in a neat and orderly fashion. When practical, debris
developed during maintenance operations shall be disposed of concurrently with its removal. If
stockpiling is necessary, the material shall be removed or disposed of daily. No tarps shall be left
unattended in parking areas without express permission from the City of Palm Desert. No tarps
shall be permitted in any area overnight.
11. CLEANUP AND RESTORATION OF SURFACES
The Contractor shall, as directed by the Project Manager, remove from all public and private
property, at its own expense, all temporary structures, rubbish and waste materials resulting from
its operations. This includes temporary work area(s) obtained by the Contractor.
All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent
fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall,
after operations, be restored to a condition at least equal to that which existed prior to landscape
maintenance activity. All restoration shall be in-kind. Restoration shall include, but not be limited
to, the replacement of landscape planting and irrigation system, and pavement striping which are
disturbed by the Contractor’s operations in the course of work.
12. RECYCLING SPECIFICATIONS
Contractor shall segregate the following materials generated by this job and shall haul, or have
the material hauled, to recycling, composting or other properly permitted and County-licensed,
diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry;
landscape irrigation piping and fittings; asphalt; gravel and rock.
Contractor shall submit weight tickets to the City of Palm Desert on a monthly basis showing the
quantity (tons) delivered to each diversion facility. Contractor shall also submit to City of Palm
Desert, on a monthly basis, all weight tickets showing the tons of all non-divertible material that
have been delivered to landfill.
Contractor shall include the costs for the diversion of the above-listed materials in its bid for the
job. All other debris generated that is beyond the scope of normal and routine maintenance shall
be paid as an extra. Contractors are responsible for doing their own research in contacting the
recycling, composting and other processing and diversion facilities to confirm the tipping fees for
the various types of materials. Contractor may utilize any recyclers or processors provided that
Contractor submits written evidence that said facilities are operating in compliance with all state,
Item 1L - 59
federal and local laws. Contractor is liable and responsible for any illegal dumping activities for
any and all materials generated at the job site.
Contractor shall remove all green waste generated from maintenance operations on a daily basis.
No green waste will be allowed to remain on site after work hours. Disposal of green waste shall
not be allowed in any City of Palm Desert trash can, bin or other City of Palm Desert facility (i.e.
corporation yard or satellite yards), or in any park refuse container unless other arrangements
have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed
from City of Palm Desert landscaped areas at a County-licensed facility. If any compost is used
in the execution of the landscape maintenance contract, it must be from a facility that receives
and composts City or City of Palm Desert green waste. Said products shall be approved by the
Project Manager or his designee before use. Contractor shall submit verification of green waste
disposal in the Green Waste Monthly Report.
13. PERMITS AND LICENSES
a. Permits: Contractor, and any subcontractors shall obtain permits for all work within the
City, City of Palm Desert, and State public right-of-way, and the project area and will
maintain proper safety and regulatory signs for such work.
b. Licenses: Contractor shall obtain and pay all costs incurred for licenses necessitated by
his operations. Prior to starting any work, the Contractor and all subcontractors shall be
required to have a City of Palm Desert Business Tax Registration valid for the time they
are engaged in work. The cost of these fees shall be included in the price and no additional
compensation will be allowed therefor.
c. Fees: Contractor shall be responsible for all inspection and permit fees required by
agencies (other than the City of Palm Desert, Public Works Department) necessitated by
his operations for this project. This includes fees required for inspection work within the
right-of-way of these other agencies and other public right-of-way. The cost of these fees
shall be included in the lump sum contract bid price and no additional compensation will
be allowed therefor.
14. POTHOLING
Prior to commencement of any structure replacement, Contractor shall physically locate, verifying
horizontal and vertical locations, and map existing underground facilities within the work area that
are marked by Underground Service Alert (USA) or shown on the drawings. Contractor shall
protect all such facilities from damage due to construction activities for the duration of the project.
Contractor shall deliver a plan with the location of each potholed utility to the Project Manager.
Repair of damage to such facilities shall be at the Contractor's expense and shall be considered
as integral to this item of work. Contractor shall be responsible for following all applicable rules
and regulations concerning work in the vicinity of underground and/or overhead utilities. The cost
for potholing shall be included in the unit prices bid for the various contract items, and no additional
compensation will be allowed therefor.
15. RELOCATION
In the event of Contractor negligence, it becomes necessary to alter or temporarily relocate
service connections (including but not limited to: water, irrigation water, sewer, electrical, natural
or manufactured gas, underground and/or overhead telephone, cable television, and electrical) it
shall be the responsibility of the Contractor, The Contractor shall restore the service connections
Item 1L - 60
as soon as possible after any disruption in service. The Contractor shall make all arrangements
with the utility owners regarding such work. The costs for such work on service connections shall
be included in the lump sum contract bid price, and no additional compensation will be allowed
therefor.
16. SURPLUS MATERIALS
All material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard
Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Cement concrete or
other deleterious material shall become the property of the Contractor. Surplus material
encountered in a manner not associated with regular on-going maintenance activities shall be
subject to removal at time and material basis upon approval by the City of Palm Desert.
Material shall be disposed of at a legally acceptable disposal site furnished by the Contractor and
shall be considered as included in the lump sum contract bid price for and no additional
compensation will be made therefor.
17. INSPECTION OF THE WORK
There will be inspection of this work to ensure strict adherence to the specifications and work
schedule submitted by the Contractor. It shall be the responsibility of the Contractor to notify the
City of Palm Desert should any deviation of said work schedule become necessary. Any work
done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted
or paid for by the City of Palm Desert.
18. PROTECTION OF PUBLIC
The Contractor shall take all necessary precautions to protect the public, especially children, from
the hazards of their maintenance operations.
Unusual conditions may arise during the scope of work, which will require that immediate and
special provisions be made to protect the public from danger or loss or damage to life and
property, due directly or indirectly to the progression of the work. It is part of the service required
of the Contractor to make such provisions and to furnish such protection.
Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the
Contractor has not taken sufficient precaution for the safety of the public or the protection of
utilities or of adjacent structures or property or if immediate action shall be considered necessary
in order to protect public or private personnel or property interest, or prevent likely loss of human
life or damage on account of the operations under the contract, then and in that event, the City of
Palm Desert may provide suitable protection to said interest by causing such work to be performed
and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable
and necessary.
Materials and equipment shall be stored so as to not create a public nuisance and to ensure the
preservation of their quality and fitness for the work. No materials or equipment shall be stored at
the project site unless its use is imminent.
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The Contractor is responsible to design, construct and maintain all safety devices and be
responsible for conforming to all local, state and federal safety and health standard, laws and
regulation
19. TRAFFIC CONTROL
Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations
and the American National Standards Institute (ANSI) 2133.1 standards. Contractor shall supply
all delineation, signing and clothing as required by the State of California Department of
Transportation. Contractor shall provide and maintain work zone traffic control devices at all times
in accordance with the WATCH Manual, the California MUTCD, and as directed by the City of
Palm Desert’s Representative or his/her designee. All roadway signs, delineators, channelizers,
cones and barricades shall be in “like new” condition. All roadway signs used for nighttime traffic
control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III.
When required by the City of Palm Desert’s Representative or when maintenance activities
require a traffic control setup that does not conform to standard traffic control layouts as detailed
in the previously referenced standard manuals, then the Contractor shall be required to submit
project traffic control plans for review and approval by the City. Minor adjustments of the traffic
control set up may be made in the field with prior approval from the City Inspector.
A minimum of one (1) 12-foot (12’) travel lane in each direction shall be maintained at all times on
residential, collector and arterial streets during maintenance operations. No reduction of the travel
way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior
approval from the City Project Manager is obtained. If the closing or opening of a street (either
partially or fully) within the City is approved by Project Manager, Contractor shall notify the City
Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the
scheduled closing or opening.
A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be maintained
in the sidewalk area at all times. The area under maintenance in the sidewalk areas must be
maintained free of hazardous conditions. The immediate area must be barricaded in such a
manner that pedestrian traffic cannot enter.
Access to driveways shall be maintained from at least one end of the work area at all times. At no
time is any business or residence to be without access unless otherwise approved by Project
Manager. Contractor shall notify residents or businesses of restricted access forty-eight (48)
hours in advance of construction activities.
The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning,
sweeping and sprinkling with water or other means, as necessary, during and after the course of
their work.
The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping
tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety
devices, as required for public safety or as directed by the City Project Manager, shall be
considered as included in the in the contract bid price, and no additional compensation will be
made therefor.
20. DUST CONTROL/AIR CONTAMINANTS
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The Contractor must comply with the City of Palm Desert’s Municipal Code, Chapter 8.20, “Public
Nuisances” Chapter 27.12.140, and City of Palm Desert Ordinance 294. Contractor must also
comply with Chapter 24.12 “Fugitive Dust (PM10) Control” of City of Palm Desert Municipal Code.
Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of
“dust.” The Contractor is responsible for monitoring all of the active maintenance areas during the
life of the contract, and special attention shall be given to areas during over-seeding operation.
The Contractor shall not discharge smoke, dust, or any other air contaminants into the
atmosphere in such quantity as will violate the regulations of any legally constituted City of Palm
Desert.
Payment for maintaining dust control and air contaminates within the project area shall be
included in the lump sum contract proposal price, and no additional compensation will be allowed
therefor.
21. WATER
Water shall not be taken from any commercial or residential systems without the express written
consent of the owner.
22. MEASUREMENT AND PAYMENT
City of Palm Desert has specific criteria by which to evaluate the performance of Contractor on a
weekly basis. If performance by Contractor is deficient, City of Palm Desert reserves the right to
subtract an associated amount form the billing. Since it is difficult to quantify and assess a value
to every aspect of the work, City of Palm Desert may implement liquidated damages of $250 per
day per incident until the deficiency is corrected. The following is a brief summary of possible
deficiencies:
1. Failure to comply with Contract Documents.
2. Failure to comply in a timely manner with contractually legitimate requests made by City
of Palm Desert.
3. Failure to provide specified reports or falsification of reports.
4. Failure to supply adequate equipment, labor or supervision.
5. Failure to repair deficiencies in the allotted time frame.
6. Failure to comply with schedules.
7. Failure to protect public health and safety.
8. Failure to provide adequate identification on vehicles or employees.
In the event Contractor fails to perform contractual obligations to the satisfaction of City of Palm
Desert, City of Palm Desert many choose to obtain the services of a separate maintenance
provider to fulfill Contractor’s obligations, and any and all associated charges shall be the
responsibility of the Contractor.
Invoices must be rendered on Contractor's standard billhead or official letterhead. Contractor shall
submit invoices within 30 days after completion of work. Invoices shall include the contract
number, location, name of work requester, and payment terms of NET 45. Contractor shall submit
monthly Statements for invoices generated during the previous month and note outstanding
invoices. Failure to submit invoices within sixty (60) days after completion of work, without a City
Item 1L - 63
approved work order, and/or within thirty (30) days after the last date of provided Services or
termination of this Agreement shall constitute a waiver of its right to payment.
23. VEHICLES ON SIDEWALK AND TURF
Contractor vehicles shall not drive on sidewalks or turf without prior City of Palm Desert approval.
24. REFUSE DISPOSAL
All refuse collected shall be removed and taken to a sanitary landfill at Contractor’s expense.
Disposal of debris shall not be allowed in any City of Palm Desert trash can, bin or other City
facility (i.e., corporation yard or satellite yards), or in any park refuse container unless other
arrangements have been authorized by City of Palm Desert.
25. GREEN WASTE
Contractor shall remove all green waste generated from maintenance operations on a daily basis.
No green waste will be allowed to remain on site after work hours. Disposal of green waste shall
not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., Corporation
Yard or satellite yards), or in any park refuse container unless other arrangements have been
authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of
Palm Desert landscaped areas at a County-licensed compost facility. If any compost is used in
the execution of the landscape maintenance contract, it must be from a facility that receives and
composts City of Palm Desert green waste. Said products shall be approved by the City of Palm
Desert or his designee before use. Contractor shall submit verification of green waste disposal in
the Green Waste Monthly Report.
26. SCHEDULES
At the pre-commencement conference, Contractor and City of Palm Desert staff will review the
Work requirements and Contractor will formulate a priority list and submit to City for review.
Contractor shall submit a Schedule outlining the work and estimated costs. Once approved by
the City, Contractor will proceed with ordering material for the repairs. If, during the first thirty (30)
days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule
for approval.
27. LICENSE AND CERTIFICATION REQUIREMENTS
Contractor shall possess all permits and licenses required to comply with city, county, state or
federal laws for the work activities performed, including the use of chemicals. Contractor assumes
responsibility and liability for use of all chemical controls and shall at all times perform chemical
applications in accordance with governmental regulations and industry standards for their safe
and appropriate use.
At the time that the Proposal is submitted, Contractor shall possess current licensure and
certification as follows, and the same shall be maintained current and valid for the term of the
contract:
Class B Contractor License; and specialized Class C licenses as needed.
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PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to PUB CONSTRUCTION, INC., (hereinafter referred to as the “Contractor”) an agreement for
FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (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 JANUARY 12, 2023, (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, PUB CONSTRUCTION, 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 up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS,
($750,000.00), 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:
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(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]
Item 1L - 66
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.
Item 1L - 67
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
Item 1L - 68
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
Item 1L - 69
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 JANUARY 12, 2023 has awarded to PUB CONSTRUCTION, INC. hereinafter designated as the
“Principal,” a contract for the work described as follows:
FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (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 JANUARY 12, 2023 (“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 up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS
($750,000.00) 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 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
Item 1L - 70
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]
Item 1L - 71
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.
Item 1L - 72
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
Item 1L - 73
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
Item 1L - 74
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-134
Facilities Repairs and Improvements Project
RESPONSE DEADLINE: September 23, 2022 at 2:00 pm
Report Generated: Tuesday, September 27, 2022
ELITE CUSTOMS CONSTRUCTION Proposal
CONTACT INFORMATION
Company:
ELITE CUSTOMS CONSTRUCTION
Email:
elitecustoms911@gmail.com
Contact:
KNICKO ASKARI
Address:
Po Box 328
San Jacinto, CA 92581
Phone:
(909) 559-4084
Website:
N/A
Submission Date:
Sep 13, 2022 12:30 PM
Item 1L - 75
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 2
ADDENDA CONFIRMATION
No addenda issued
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
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.
Item 1L - 76
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 3
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.
RFP.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
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 execute, this
declaration on behalf of the Bidder.
Item 1L - 77
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 4
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database
909326
Click to Verify Value will be copied to clipboard
4. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000054604
Click to Verify Value will be copied to clipboard
5. Type of Business*
Sole Proprietor/Individual
6. 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").
N/A
7. Changes to Agreement*
The City standard professional services agreement contract is included as an attachment herein. The Proposer shall identify a ny
objections to and/or request changes to the standard contract language in this section of the proposal (or type "N/A"). If you are
Item 1L - 78
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 5
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
8. 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, b ut 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
9. 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.
Resume.pdf
10. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
A. KNICKO ASKARI
Item 1L - 79
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 6
B. OWNER / OPERATOR
C. 26130 REGENT CT. HEMET,CA.92544
D. ELITECUSTOMS911@GMAIL.COM
E. 877-919-2727
11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Construction Foreman 1 Hourly Rate $90.00 $90.00
2 Construction Supervisor 1 Hourly Rate $125.00 $125.00
3 Framer 1 Hourly Rate $90.00 $90.00
4 Drywall Installer 1 Hourly Rate $55.00 $55.00
5 Plumber 1 Hourly Rate $150.00 $150.00
6 Concrete Worker 1 Hourly Rate $150.00 $150.00
7 Carpenter 1 Hourly Rate $150.00 $150.00
8 Painter 1 Hourly Rate $65.00 $65.00
Item 1L - 80
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 7
Line Item Description Quantity Unit of
Measure
Unit Cost Total
9 Welder 1 Hourly Rate $125.00 $125.00
10 Flooring Installer 1 Hourly Rate $125.00 $125.00
11 Laborer 1 Hourly Rate $55.00 $55.00
TOTAL $1,180.00
Item 1L - 81
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Table of contents:
1. Executive Summary………………………………….2
2. Company Information………………………………3
3. Staffing and Key Personnel……………………….4
3. Fiscal Stability…………………………………………..5
4. Experience and Technical Competence…….6-11
5. Proposed Method to Accomplish Work……12
6. Insurance…………………………………………………13
7. Fee Proposal.……………………………………………14
8. Litigation………………………………………………..15
9. Other Information………………………………….16
10. Certification of Proposal……………………….17
11. Appendices…………………………………………..18
Page 1
E
Item 1L - 82
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Executive Summary:
The following submittal is being provided at the request of the City Palm Desert
facilities for RFP. Enclosed is a summary of company information, procedure
of operation, staffing, work experience for the requested work.
Page 2
Item 1L - 83
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Company Information:
A. Legal Name:
Elite Customs Construction – P.O. Box 328 San Jacinto, CA. 92581
B. Legal form:
Sole Proprietor
C. Contact Information:
Knicko Askari – 909-559-4084 –P.o. Box 328 San Jacinto, CA. 92581
D. License numbers:
CSLB – 909326 Class B, C-27 (General bldg. and landscaping ) ,SPCB/ FR-33568
(Termite) , SPCB Pest- RA17931 (Pest control) , State Lead Tech- License #12984
(Mold, water damage, fire, and smoke)
Page 3
Item 1L - 84
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Staffing Resources:
A. Staffing and Key Personal
(i) Knicko Askari / Field Inspector, Technician, Owner ,Operator
Kenneth Nix / Field Inspector, Technician , Foreman
Nick Arritt / Field Inspector, Technician
Steve Torres / Service Field Technician
4 Additional Field Technicians
(ii) Key Personal:
Knicko Askari – Owner, Operator, Field Inspector
Kenneth Nix – Field Inspector, Service Technician
(iii) Brief Bio:
Knicko Askari – Has been in construction since 1993. All phases of building,
demolition, remodeling, landscaping, hazmat, mold, water damage, fire, disaster
response, lead, asbestos, and clean-up and working in several states throughout
the course of business.
Page 4 Item 1L - 85
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Fiscal Stability
(i) Member of Dunn and Bradstreet
(ii) Have company credit and cash on and – No credit Line needed from bank
PAGE 5
Item 1L - 86
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Experience and Technical Competence
A. Experience
(i) Having worked in the industry for a combined 102 years and having a sound
crew on hand, we will execute any job, no matter the size of the project. Having
dealt with several property managers, city housing specialists, associations, and
parks departments, we are confident and assured that the satisfaction of our
customers and execution of projects in a timely manner and of the upmost
priority to our firm.
(ii) Staff on hand has had over 102 years of combined experience in a variety of
trades.
(iii) We have conducted business for 25 years and 6 months
(iv) References:
(a) City of Pomona – Mike Cravens
505 South Garey Ave.
Pomona, CA. 91766
(909) 620-2311
mike_cravens@ci.pomona.ca.us
Substantial Rehabs, Landscaping, Major and Minor Re-models,
Job sizes ranging from $5,000-$100,000.00
Page 6 Item 1L - 87
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
(b) Pacific Preservation
50 W. Hillcrest Dr.
Thousand Oaks, CA. 91360
(805) 496-1084
JaniceGray@thinknres.com
Substantial Rehabs, Landscaping, Major and Minor Re-models,
Demolitions, water, mold, lead, Asbestos, fire damage.
Project range from $500-$350,000.00
(c) ACR Services DKI - Michael Benson
1330 W. 25th st.
San Bernardino, CA. 92405
(909) 883-4884
michael@acrservicesdki.com
Substantial Rehabs, Landscaping, Major and Minor Re-models,
Demolitions, water, mold, lead, Asbestos, fire damage.
Project range from $1500-$1,200,000.00
(v) Elite Customs has been in San Jacinto since December of 2006. We have
worked hundreds of projects in the city and have a true knowledge of the
city and its needs as it pertains to all service needs.
Page 7 Item 1L - 88
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
(B) Project Specific Experience
(i) 10 Zone Service Maintenance in the city of San Jacinto
(a) Role was to inspect, troubleshoot, schedule, order materials,
and re-inspect all 10 sites for landscaping service.
(b) Amount of project ranged from $15,000-$25,000 per month.
(c) Service description included pruning trees, mowing, edging,
treatment for gophers, debris removal, frontage maintenance,
irrigation repairs, emergency service calls, major frontage installs and
basin clean-up.
(d) We have currently 8 people on staff for the 10 zones mentioned.
(e) Currently we are in the 2nd year of service.
(f) We are an approved vendor for the city of San Jacinto.
(g) Contact person for the project:
Andy Ramirez, Parks, Streets and Storm Water Superintendent
595 South San Jacinto Avenue
San Jacinto, California 92583
(951) 654‐4041
aramirez@sanjacintoca.gov
Page 8
Item 1L - 89
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
(B) Project Specific Experience –(continued)
(ii) Service Maintenance in various cities throughout LA county
(h) Role was to inspect, troubleshoot, schedule, order materials,
and re-inspect for landscaping service.
(i) Amount of project ranged from $500-$25,000 per month.
(j) Service description included pruning trees, mowing, edging,
treatment for gophers, debris removal, frontage maintenance,
irrigation repairs, emergency service calls.
(k) We had 4 people on staff for the time of service.
(l) Currently we have completed service as the company closed.
(m) We were an approved vendor for that firm.
(n) Contact person for the project:
Pacific Preservation
50 W. Hillcrest Dr.
Thousand Oaks, CA. 91360
(805) 496-1084
JaniceGray@thinknres.com
Page 9 Item 1L - 90
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
(B) Project Specific Experience –(continued)
(iii) Service Maintenance in various cities throughout counties of Texas
(o) Role was to inspect, troubleshoot, schedule, order materials,
and re-inspect for landscaping service.
(p) Amount of project ranged from $1500-$1,000,0000.00. Service
description included demolition, pruning trees, mowing, edging,
debris removal, frontage maintenance, irrigation repairs, emergency
service calls.
(q) We had 75 people on staff for the time of service.
(r) Currently we have completed service.
(s) We were an approved vendor for that firm.
(t) Contact person for the project:
ACR Services DKI - Michael Benson
1330 W. 25th st.
San Bernardino, CA. 92405
(909) 883-4884
michael@acrservicesdki.com
Page 10
Item 1L - 91
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
(C) Technical Competence
(i) We have 4 laptops, 1 truck mounted with the industry leading
software called Xactimate, which breaks down in great detail scope
of work by each area and detailing cost by line item. We also utilize
ICAD for our estimated if needed.
(ii) We have the ability to draw upon multi-disciplinary staff to address
the Services requested in this RFP if needed.
Page 11
Item 1L - 92
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Proposed Method to Accomplish the Work
We will be staffing 20 full time technicians to service the city of San
Jacinto. Each vehicle will be in compliance to the required specifications
as required by the city of San Jacinto. Each vehicle will have the appro-
priate number of technicians for that service area. Each zone will
have a designated day of service and a routine schedule for proper
completion and inspection by the city inspector.
We will have (3) full time, after hours inspectors and technicians
available to respond to call within 15-30 minutes depending on the
location of the service call.
Page 12
Item 1L - 93
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Insurance
Insurance policy is on file with the city.
Page 13 Item 1L - 94
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Pricing proposal
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Construction Foreman 1 Hourly $90 $90
2 Construction Supervisor 1 Hourly $125 $85
3 Framer 1 Hourly $90 $90
4 Drywall Installer 1 Hourly $55 $55
5 Plumber (variable) 1 Hourly $75-150 $75-150
6 Concrete Worker (variable) 1 Hourly $75-150 $75-150
7 Carpenter (variable) 1 Hourly $75-150 $75-150
8 Painter 1 Hourly $65 $65
9 Welder 1 Hourly $125 $125
10 Flooring Installer (variable) 1 Hourly $55-125 $55-125
11 Laborer (variable) 1 Hourly $55-125 $55-125
Page 14
Item 1L - 95
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Litigation
N/A
Page 15 Item 1L - 96
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Other information
(a) We have completed several hundred projects with the city on
a timely manner and within the budget allocated for that
project within a 12- year span.
(b) Elite Customs has been involved in the community for a period of
12 years. We have been donated thousands of hours for
Community development and clean-up with various organizations
throughout the 12-year span.
We frequently provide food for miscellaneous events for volunteers
and the community in itself.
We have done several projects at no cost to the city of its tax
paying residents and business owners. We have provided
miscellaneous materials for city-based projects throughout the
12 years span.
Overall, Elite Customs has had a solid relationship with the city and
Its employees. We have been dedicated to providing the best service
possible for all projects the city has issued.
We have always been responsive to he city inspectors calls and
Request for repairs at any given moment.
We work very close with local police and fire departments in
providing them various services as they occur on an moments notice.
Page 16
Item 1L - 97
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Certification of Proposal
“ The undersigned hereby submits its proposal and, by doing so,
agrees to furnish services to the city in accordance with the Request
for Proposal (RFP), and to be bound by the terms and conditions of
the RFP.”
Page 17 Item 1L - 98
E.C. CONSTRUCTION PAGE 1
P.O. BOX 328 SAN JACINTO, CA. 92581-0328
GENERAL BUILDING CONTRACTOR – LICENSE # 909326
CERTIFIED MOLD / INDOOR AIR QUALITY INSPECTOR – LICENSE # 12984
TEL: (877) 919-2727 CELL: (909) 559-4084 FAX: (866) 470- 0021
TAX ID# 33-0840711
E-MAIL: elitecustoms911@gmail.com
Appendices
N/A
Page 18 Item 1L - 99
ELITECUSTOMS911@GMAIL.COM 877-919-2727
PO.BOX 328
SAN JACINTO,
CA. 92581
OBJECTIVE
To work in a position
where I can utilize my
experience, strengths,
and technical skills and
partner up as a part of a
team member with
clients to accomplish the
same goals as they have.
SKILLS
Specializing in solving
problems in given
construction needs. Able
to multi-task and run
several projects at a time.
General Contractors
Lic.# 909326- Mold
License #12984, State
Termite, and pest
control- Lic.Fr-33568, RA
179931 - Lead Inspector-
Certified in Covid
Cleaning -
P.C. 832 Certification -
Coached basketball at
city, junior high and high
school level for 20 years
KNICKO ASKARI
DISASTER RESPONSE * EMERGENCY SERVICES * RE-CONSTRUCTION
EXPERIENCE
OWNER/OPERATOR • ELITE CUSTOMS • 1/1993 – TO PRESENT
Responsible for bidding on estimates for water damage, mold, fire,
smoke, emergency services, re-construction, termite, pest control,
room additions, cleaning services, re-models, city projects.
Providing detailed reports and scope of work to customers.
Employed by other contractors/ agencies to large inter and intra
state projects. Setting up work crews to execute approved proposals.
Inspecting completed work, making punch-lists, completing jobs and
quality control. Accounting: receivables, payables, ordering
materials, payroll, office management. Managed 150 employees at
times on jobsites. I have completed over 10,000 projects. Worked in
Texas during Hurricane Katrina in demolition and re-building over
two hundred projects in a 6-month period. Managed projects for
other companies in and out of state.
EDUCATION
2 YEARS COLLEGE • 1990 • MOUNT SAN ANTONIO
Business management and psychology major.
PC 832 COURSE / POLICE ACADEMY • 2014 • RIVERSIDE COUNTY
SHERIFF
“ There are no secrets to success. It is the result of preparation,
hard work and learning form failure.” - Colin Powell
Item 1L - 100
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 12TH day of JANUARY, 2023 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”) ELITE CUSTOMS
CONSTRUCTION, a SOLE PROPRIETORSHIP, with its principal place of business at P.O. BOX
328, SAN JACINTO, CA 92581 (“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
and in the task order(s) to be issued pursuant to this Agreement and executed by the City and
Contractor (“Task Order”).. 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 FACILITIES REPAIRS
AND IMPROVEMENTS PROJECT (“Project”) as set forth in this Agreement on an on-call, as-
needed basis. There is no guarantee of any of work under this Agreement other than what is
specified herein or that the not-to-exceed compensation amount set forth herein will be spent.
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 and in the individual Task Orders issued by the City. No
Services shall be performed unless authorized by this Agreement and by a fully executed Task
Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed
in accordance with, this Agreement, any relevant Task Order, 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 JANUARY 12,
2023 to JUNE 30, 2025, 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
TWO additional one-year terms. Contractor shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines set forth in each
Item 1L - 101
individual Task Order issued by the City. The Parties may, by mutual, written consent, extend
the term of this Agreement if necessary to complete the Services.
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 each Task
Order 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 RANDY
CHAVEZ, COMMUNITY SERVICES MANAGER, 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
KNICKO ASKARI, OWNER, 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,
Item 1L - 102
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,
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, and shall meet
any other established schedules and deadlines set forth in the Task Order(s) (“Performance
Time”). Contractor shall perform the Services in strict accordance with any completion schedule
or Project milestones described in this Agreement or any Task Order(s), 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.
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
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
Item 1L - 103
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.
Item 1L - 104
(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
Item 1L - 105
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
other coverage, or a waiver of any type. If the Contractor maintains higher limits than the
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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.
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(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
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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
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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 maximum compensation
for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task
Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($750,000) per fiscal year 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,
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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
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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:
ELITE CUSTOMS CONSTRUCTION
P.O. BOX 328
SAN JACINTO, CA 92581
KNICKO ASKARI, OWNER
City:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Randy Chavez, Community Services Manager
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.
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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 this Agreement or any Task Order, 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.
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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.
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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.
3.5.18 Reserved.
[SIGNATURES ON NEXT PAGE]
Item 1L - 115
SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND ELITE CUSTOMS CONSTRUCTION
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
ELITE CUSTOMS CONSTRUCTION
By:
Its:
OWNER _____________________________
Printed Name:
KNICKO ASKARI _____________________
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number (if applicable)
Item 1L - 116
EXHIBIT “A”
SCOPE OF SERVICES
PALM DESERT FACILITIES IMPROVEMENT PROJECT
SCOPE OF SERVICES
1. SCOPE OF WORK
The work to be done consists of furnishing all labor, incidental materials, equipment,
necessary tools and machinery, supervision, all utility and transportation services, and
incidentals required for the Facilities Improvement project in accordance with the
Specifications.
This contract provides for the regular evaluation and maintenance project services for
the City owned or operated facilities listed below.
2. LOCATION OF WORK
• City Hall Building, 73-510 Fred Waring Drive
• Community Center (Henderson), 72559 Highway 111
• Corporation Yard, 74705 42nd Avenue
• Portola Community Center, 45480 Portola Avenue
• Palm Desert Sheriff Substation, 73520 Fred Waring Drive
• Parkview Office Complex, 73710 Fred Waring Drive
• State Building, 73-720 Fred Waring Drive
• iHUB, 37023 Cook Street, Suite 102
• Fire stations
o Fire Station No. 33, 44400 Towne Center Way
o Fire Station No. 67, 73200 Mesa View Drive
o Fire Station No. 71, 73995 Country Club Drive
• Aquatic Center, 73751 Magnesia Falls Drive
• Parks buildings
o Cahuilla Hills Park, 45825 Edgehill Drive
o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd
o Civic Center Park, 43900 San Pablo Ave
o Freedom Park, 77400 Country Club Dr
o Hovley Soccer Park, 74735 Hovley Lane
o Ironwood Park, 47800 Chia Drive
o Joe Mann Park, 77810 California Drive
o Magnesia Falls City Park, 74200 Rutledge Way
o Palma Village Park, 44550 San Carlos Ave
o University Park East, 74902 University Park Drive
o University Dog Park, 74802 University Park Drive
o Washington Charter School Park, 45768 Portola Avenue
The Contractor will furnish all labor, materials, renderings, equipment, tools, removal,
installation, coordination, permits, supervision, utility and transportation services, and
incidentals (including tax) as necessary. Each of these facilities has unique
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maintenance needs that will be met through this contract. All facility maintenance and
improvement projects will be conducted in a manner that provides for the adequate and
safe use of the facility and continues the City’s prominence as a world-class municipality
for the enjoyment of the community.
3. GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary equipment and labor to perform maintenance
projects on an as-requested basis for the City. Facilities maintenance requests will be
based on contractor assessments in coordination with City staff.
3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per
quarter on a rotating basis or based on priority designated by City staff. The purpose
of the site visits is to perform inspections and assessments, provide recommendations,
and develop long-term plans for facility upkeep. A written report will be developed by
the Contractor after each site visit and submitted to City staff within two weeks of the
site visit. Minimum requirements for the report include:
• Site locations visited and address
• Contractor representative and contact information
• Date and time of visit
• Prioritized list of areas recommended for maintenance projects
• Descriptions of maintenance projects
• Estimated cost to complete each maintenance project
• Photos
3.2 The contractor will provide technicians capable of working on a variety of facility
elements, including but not limited to:
• Framing
• Drywall
• Painting
• Concrete
• Carpentry
• Audio/Visual & Security
• Welding
• Flooring
• Fixtures
• Plumbing
3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1)
meeting annually for the duration of the contract with City staff to review short-term
and long-term maintenance need projections and life expectancies of facility
furnishings. This will allow the City to accurately budget and plan for anticipated
maintenance needs, facility repairs and upgrades.
3.4 Contractor shall provide appropriate equipment and labor for the execution of all
maintenance and repair activities. City of Palm Desert reserves the right to inspect
and/or approve any equipment used in this contract. If City of Palm Desert deems the
equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert
may require that the equipment be removed from the job site and replaced with a
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different piece of equipment.
3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance.
Contractor shall provide personnel capable of effective verbal and written
communication with City of Palm Desert representatives. If City of Palm Desert deems
personnel to be inadequate to accomplish the task at hand, City of Palm Desert may
require that the personnel be removed from the job site and replaced with personnel
demonstrating the appropriate level of job knowledge, skills, and verbal
communication to effectively accomplish the work.
3.6 Prior to commencement of the contract, designated City of Palm Desert
representative(s) and the Contractor will perform a mandatory acceptance walk-
through inspection of the contract area.
3.7 All new equipment installations provided by the Contractor will include a one-year
warranty or better.
3.8 Contractor shall remove debris caused by all maintenance activities on the same
working day that such debris is accumulated, unless otherwise agreed upon by the
Contractor and City staff in advance.
3.9 Contractor is required to protect from damage as necessary, existing equipment that
is not part of the maintenance services. Contractor will be responsible to replace or
repair any equipment damaged by contractor, not related to the service, at Contractor’s
expense and include a one-year warranty or better.
3.10 Contractor is responsible for cordoning off public areas during their course of work as
to protect the public from harm. Contractor is to supply all safety equipment as needed
to perform the scope of work, including but not limited to: signage, cones, partitions,
plywood covers, etc.
3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300
of the Public Contract Code, all proposers must possess proper licenses for
performance of the Contract. Subcontractors must possess the appropriate licenses
for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and
Professions Code, the City shall consider any proposal submitted by a contractor not
currently licensed in accordance with state law and pursuant to the requirements found
in the Contract Documents to be nonresponsive, and the City shall reject the proposal.
The City shall have the right to request, and the proposers shall provide within five (5)
calendar days, evidence satisfactory to the City of all valid license(s) currently held by
that proposer and each of the proposer’s subcontractors before awarding the Contract.
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4. MAINTENANCE PROJECTS
Maintenance projects will be determined based on the prioritized lists developed
through the quarterly facility inspections. City of Palm Desert staff will inform the
contractor when a maintenance project may be initiated.
4.1 No work will be initiated without an approved City of Palm Desert Work Order.
4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope
and cost of the project.
4.3 The Contractor will provide an estimated timeline for project milestones and
completion.
5. PAYMENT
Maintenance service and materials not described in this scope of work will be needed
periodically to satisfactorily maintain the City facilities. On such occasions, the following
criteria will be followed:
5.1 All work shall be approved in writing on a City-issued extra work form by the Director
of Public Works, or his designee, prior to ordering or commencing activities.
5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform
work shall constitute the City’s denial of payment for said work and parts. Upon
Contractor’s submission of requests for work and/or parts the City reserves the right
to reject quotations on each item, separately or as a whole.
5.3 State and local taxes as applicable, shipping/handling/freight on board charges,
applied discounts, and labor estimates shall be shown separately. All materials will
be paid at cost plus an allowable 15% markup. Labor will be paid based on the
approved Price Sheet. Receipts are required to be submitted with approved
invoice(s). Estimated dates for delivery and installation shall be noted.
5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list
of services provided and costs not listed in the Scope of Services or Price
Sheets. The City may negotiate costs, if needed, prior to approval of the
Agreement.
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EXHIBIT “B”
SAMPLE TASK ORDER FORM
Task Order No. ______
Agreement: MAINTENANCE SERVICES AGREEMENT
Contractor: ELITE CUSTOMS CONSTRUCTION
The Contractor is hereby authorized to perform the following work subject to the provisions
of the Agreement identified above:
List any attachments:
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: ____________, 20___
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials,
except as may be otherwise noted above, and perform all work specified above in accordance with
the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF PALM DESERT ELITE CUSTOMS CONSTRUCTION
Dated: Dated:
By: By:
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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. The
City and Contractor may review the CPI on an annual basis and recommend adjustments to the
City Manager or City Council for approval. Any increase shall not exceed the Consumer Price
Index.
The maximum compensation for Services to be provided pursuant to each Task
Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall
not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) without written
approval of the City Council or City Manager, as applicable.
Pricing schedule is as follows:
[SEE ATTACHED PROPOSAL FEE SCHEDULE]
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EXHIBIT “D”
SPECIAL PROVISIONS
1. PRE-COMMENCEMENT CONFERENCE
A pre-commencement conference shall be conducted at the Palm Desert City Hall, 73 510 Fred
Waring Drive, Palm Desert, California, 92260 prior to the start of work. The area manager or
superintendent assigned by the Contractor for this project shall be present at the Pre-
commencement Meeting. The Contractor shall prepare a tentative maintenance schedule for
submission and review at the pre-commencement meeting. The discussion shall include but not
be limited to: project supervision; progress schedules and reports; payments to Contractor; safety;
and other anticipated issues pertinent to the contract.
At this conference, the Contractor shall designate, in writing, a representative who shall have
authority to act for the Contractor. An alternate representative may be designated. The
representative or alternate shall be available whenever work is in progress or whenever actions
of the elements necessitate its presence to take measures necessary to protect the project,
persons, or property. Any order or communication given to this representative shall be deemed
delivered to the Contractor.
Those attending the meeting shall include, but not be limited to the following:
1. Contractor
2. City of Palm Desert Deputy Director of Public Works
3. City of Palm Desert Project Manager
4. City of Palm Desert Public Works Staff
5. Pertinent Subcontractor(s)
2. PUBLIC CONVENIENCE
The Contractor shall conduct operations as to offer the least possible obstruction and
inconvenience to the public and shall have under active maintenance no greater length or amount
of work then can be prosecuted properly with due regard to the rights of the public. Contractor
must obey Housing directives.
Paths of travel must be maintained free of obstructions and hazardous conditions when contractor
is off site. To the extent any portion of the work requires obstructing pedestrian paths of travel,
the work area shall be secured and cordoned off to prevent use of equipment. Where Contractor’s
operations may create hazardous conditions to pedestrian paths of travel, appropriate signing
and barricades shall be installed to safely route pedestrians around the impacted area.
3. HOURS OF WORK
Unless otherwise approved by City of Palm Desert, Contractor shall not work outside the
established hours of operation under this contract:
May 1 through September 30
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• Weekdays (MTWTF): 5:30 AM to 7:00 PM
• Weekends (Saturday): *8:00 AM to 5:00 PM
• Weekends (Sunday): No Work
• Government Code Holidays: No Work
October 1 through April 30
• Weekdays (MTWTF): 7:00 AM to 5:30 PM
• Weekends (Saturday): *8:00 AM to 5:00 PM
• Weekends (Sunday): No Work
• Government Code Holidays: No Work
*Work is permitted on Saturdays only with prior approval by City of Palm Desert or its agent.
Work is not permitted on Sundays and during City of Palm Desert holidays.
Failure to observe these work hours may result in a citation being issued to the offenders by the
police department. (Emergency work directed by City of Palm Desert is not held to these
restrictions.)
4. UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by
UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with
the precise locations of their substructures in the construction area when the Contractor gives at
least 48-hours’ notice to the Underground Service Alert by calling 1-800-227-2600. The location
and existence of utilities and improvements shown on the plans are approximate and taken from
available records. The Contractor shall verify the location of existing improvements and shall take
all precautions to protect them whether shown or not.
5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS
The Contractor shall be responsible for all damages to persons or property that occurs as a result
of the work. Contractor shall be responsible for the proper care and protection of all materials
delivered and work performed until completion and final acceptance by the City of Palm Desert.
All work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent
property from settlement or loss of lateral support as necessary. Contractor shall comply with all
applicable safety laws and building codes to prevent accidents or injury to persons on, about, or
adjacent to the Project site where work is being performed. Contractor shall erect and properly
always maintain, as required by field conditions and progress of work, all necessary safeguards,
signs, barriers, lights, and watchmen for protection of workers and the public, and shall post
danger signs warning against hazards created in the course of construction.
Contractor shall remove at its own expense all rubbish and waste materials resulting from its
operations, including material that is replaced, packaging material, and other debris generated. If
on private property, Contractor must obtain permission from the property owner prior to removing
debris. All debris must be removed before the end of the day unless otherwise directed by City of
Palm Desert or City of Palm Desert’s agent.
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6. CHANGES IN THE WORK
Contractor shall make no changes in the work without written direction from City of Palm Desert.
Contractor shall not be compensated for any change made without City of Palm Desert’s written
direction. No changes in the work covered by this Agreement shall exonerate any surety or any
bond given in connection with this Agreement. All such changes in the work authorized by change
order shall be performed under the applicable conditions of the Contract Documents. Contractor
must give written notice of a proposed change order required for compliance with the Contract
Documents within seven (7) days of discovery of the facts giving rise to the proposed change
order.
7. CLAIMS
The Contractor will indemnify and save the City of Palm Desert, City and their agents harmless
from all claims growing out of the lawful demand of Subcontractors, laborers, workmen,
mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools,
and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at
the City of Palm Desert's request, furnish satisfactory evidence that all obligations of the nature
designated above have been paid, discharged, or waived. If the Contractor fails to do so the City
of Palm Desert may, after having notified the Contractor, either pay unpaid bills or withhold from
the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay
any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the
terms of the Contract Documents, but in no event shall the provisions of this sentence be
constructed to impose any obligations upon the City of Palm Desert to either the Contractor his
Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by
the City of Palm Desert shall be considered as a payment made under the Contract Documents
by the City of Palm Desert to the Contractor and the City of Palm Desert shall not be liable to the
Contractor for any such payment made in good faith.
8. DISPUTE RESOLUTION
Notwithstanding any other provision herein, provisions and procedures in this Section, claims of
$375,000 or less shall be resolved pursuant to the procedures set forth in California Public
Contract Code §§ 20104, et seq. Contractor shall comply with the claim procedures set forth in
Government Code section 900 et seq. prior to filing any lawsuit against the City of Palm Desert.
If no such Government Code claim is submitted, or if the prerequisite contractual requirements
are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and
maintaining a lawsuit against the City of Palm Desert.
9. PROJECT SAFETY
The Contractor shall take all responsible precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to:
1. All employees on the project and all other persons who may be affected thereby;
2. All the work and all materials and equipment to be incorporated therein, whether in storage
on or off the site, under the care, custody or control of the Contractor or any of his
Subcontractor or Sub-Subcontractors;
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3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply
continuously and not be limited to normal working hours.
The Contractor is responsible to design, construct and maintain all safety devices as required by
law or manufacturer. The Contractor shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public City of Palm Desert bearing on the
safety of persons or property or their protection from damage, injury or loss. Neither the City of
Palm Desert nor the City of Palm Desert’s Representative shall enforce safety measures or
regulations. The contractor must submit a comprehensive written safety program covering all
aspects of onsite and applicable offsite operations and activities associated with the contract.
The Contractor shall erect and maintain, as required by existing conditions and progress of the
work, all reasonable safeguards for safety and protection, including posting signs and other
warnings against hazards, promulgating safety regulations and notifying park users that repairs
are being made. The Contractor shall use proper safety signing and barricading as defined by
ASTM 1487 and best practices
The Contractor shall use such foresight and shall take such steps and precautions as operations
make necessary to protect the public from danger or damage, or loss of life or property, which
would result from the interruption or contamination of public water supply, irrigation or other public
service or from the failure of partly completed work.
The Contractor shall take all necessary precautions to protect the public from the hazards of open
excavations, and other worksite hazards. Repairs shall either be covered or adequately fenced at
night and on weekends or whenever operations are not in actual progress.
High visibility clothing shall be worn at all times when working on the project. It is the Contractor's
responsibility to ensure that this requirement is enforced.
Contractor shall ensure that all working personnel are identified by a work uniform that, at a
minimum, consists of a shirt that identifies the company. All work vehicles used on the project
shall also be identified, at a minimum, with the company name adequately displayed on the
vehicles.
All safety devices and all guards for equipment shall be in place and in proper working order
during equipment use. No safety device or guards shall be removed, modified or altered in any
way, except in strict accordance with the manufacturer’s recommendation.
In case of an emergency, which threatens loss or injury to property or life, Contractor shall act
without previous instructions as the situation may warrant. Contractor shall notify Project Manager
immediately thereafter. Any compensation for emergency work claimed by Contractor, together
with substantiating documentation, shall be submitted to City of Palm Desert.
Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the
Contractor has not taken sufficient precaution for the safety of the public or the protection of
utilities or of adjacent structures or property or if immediate action shall be considered necessary
in order to protect public or private personnel or property interest, or prevent likely loss of human
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life or damage on account of the operations under the contract, then and in that event, the City of
Palm Desert may provide suitable protection to said interest by causing such work to be performed
and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable
and necessary. The cost and expense of said labor and material together with the cost and
expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he
shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the
Project Manager, then said costs and expense will be paid by the City of Palm Desert and shall
thereafter be deducted from any amounts due, or which may become due said Contractor. Failure
of the City of Palm Desert to take such precautionary measure shall not relieve the Contractor of
his full responsibility for public safety.
10. WORK AREA APPEARANCE
The Contractor shall maintain the work area in a neat and orderly fashion. When practical, debris
developed during maintenance operations shall be disposed of concurrently with its removal. If
stockpiling is necessary, the material shall be removed or disposed of daily. No tarps shall be left
unattended in parking areas without express permission from the City of Palm Desert. No tarps
shall be permitted in any area overnight.
11. CLEANUP AND RESTORATION OF SURFACES
The Contractor shall, as directed by the Project Manager, remove from all public and private
property, at its own expense, all temporary structures, rubbish and waste materials resulting from
its operations. This includes temporary work area(s) obtained by the Contractor.
All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent
fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall,
after operations, be restored to a condition at least equal to that which existed prior to landscape
maintenance activity. All restoration shall be in-kind. Restoration shall include, but not be limited
to, the replacement of landscape planting and irrigation system, and pavement striping which are
disturbed by the Contractor’s operations in the course of work.
12. RECYCLING SPECIFICATIONS
Contractor shall segregate the following materials generated by this job and shall haul, or have
the material hauled, to recycling, composting or other properly permitted and County-licensed,
diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry;
landscape irrigation piping and fittings; asphalt; gravel and rock.
Contractor shall submit weight tickets to the City of Palm Desert on a monthly basis showing the
quantity (tons) delivered to each diversion facility. Contractor shall also submit to City of Palm
Desert, on a monthly basis, all weight tickets showing the tons of all non-divertible material that
have been delivered to landfill.
Contractor shall include the costs for the diversion of the above-listed materials in its bid for the
job. All other debris generated that is beyond the scope of normal and routine maintenance shall
be paid as an extra. Contractors are responsible for doing their own research in contacting the
recycling, composting and other processing and diversion facilities to confirm the tipping fees for
the various types of materials. Contractor may utilize any recyclers or processors provided that
Contractor submits written evidence that said facilities are operating in compliance with all state,
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federal and local laws. Contractor is liable and responsible for any illegal dumping activities for
any and all materials generated at the job site.
Contractor shall remove all green waste generated from maintenance operations on a daily basis.
No green waste will be allowed to remain on site after work hours. Disposal of green waste shall
not be allowed in any City of Palm Desert trash can, bin or other City of Palm Desert facility (i.e.
corporation yard or satellite yards), or in any park refuse container unless other arrangements
have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed
from City of Palm Desert landscaped areas at a County-licensed facility. If any compost is used
in the execution of the landscape maintenance contract, it must be from a facility that receives
and composts City or City of Palm Desert green waste. Said products shall be approved by the
Project Manager or his designee before use. Contractor shall submit verification of green waste
disposal in the Green Waste Monthly Report.
13. PERMITS AND LICENSES
a. Permits: Contractor, and any subcontractors shall obtain permits for all work within the
City, City of Palm Desert, and State public right-of-way, and the project area and will
maintain proper safety and regulatory signs for such work.
b. Licenses: Contractor shall obtain and pay all costs incurred for licenses necessitated by
his operations. Prior to starting any work, the Contractor and all subcontractors shall be
required to have a City of Palm Desert Business Tax Registration valid for the time they
are engaged in work. The cost of these fees shall be included in the price and no additional
compensation will be allowed therefor.
c. Fees: Contractor shall be responsible for all inspection and permit fees required by
agencies (other than the City of Palm Desert, Public Works Department) necessitated by
his operations for this project. This includes fees required for inspection work within the
right-of-way of these other agencies and other public right-of-way. The cost of these fees
shall be included in the lump sum contract bid price and no additional compensation will
be allowed therefor.
14. POTHOLING
Prior to commencement of any structure replacement, Contractor shall physically locate, verifying
horizontal and vertical locations, and map existing underground facilities within the work area that
are marked by Underground Service Alert (USA) or shown on the drawings. Contractor shall
protect all such facilities from damage due to construction activities for the duration of the project.
Contractor shall deliver a plan with the location of each potholed utility to the Project Manager.
Repair of damage to such facilities shall be at the Contractor's expense and shall be considered
as integral to this item of work. Contractor shall be responsible for following all applicable rules
and regulations concerning work in the vicinity of underground and/or overhead utilities. The cost
for potholing shall be included in the unit prices bid for the various contract items, and no additional
compensation will be allowed therefor.
15. RELOCATION
In the event of Contractor negligence, it becomes necessary to alter or temporarily relocate
service connections (including but not limited to: water, irrigation water, sewer, electrical, natural
or manufactured gas, underground and/or overhead telephone, cable television, and electrical) it
shall be the responsibility of the Contractor, The Contractor shall restore the service connections
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as soon as possible after any disruption in service. The Contractor shall make all arrangements
with the utility owners regarding such work. The costs for such work on service connections shall
be included in the lump sum contract bid price, and no additional compensation will be allowed
therefor.
16. SURPLUS MATERIALS
All material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard
Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Cement concrete or
other deleterious material shall become the property of the Contractor. Surplus material
encountered in a manner not associated with regular on-going maintenance activities shall be
subject to removal at time and material basis upon approval by the City of Palm Desert.
Material shall be disposed of at a legally acceptable disposal site furnished by the Contractor and
shall be considered as included in the lump sum contract bid price for and no additional
compensation will be made therefor.
17. INSPECTION OF THE WORK
There will be inspection of this work to ensure strict adherence to the specifications and work
schedule submitted by the Contractor. It shall be the responsibility of the Contractor to notify the
City of Palm Desert should any deviation of said work schedule become necessary. Any work
done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted
or paid for by the City of Palm Desert.
18. PROTECTION OF PUBLIC
The Contractor shall take all necessary precautions to protect the public, especially children, from
the hazards of their maintenance operations.
Unusual conditions may arise during the scope of work, which will require that immediate and
special provisions be made to protect the public from danger or loss or damage to life and
property, due directly or indirectly to the progression of the work. It is part of the service required
of the Contractor to make such provisions and to furnish such protection.
Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the
Contractor has not taken sufficient precaution for the safety of the public or the protection of
utilities or of adjacent structures or property or if immediate action shall be considered necessary
in order to protect public or private personnel or property interest, or prevent likely loss of human
life or damage on account of the operations under the contract, then and in that event, the City of
Palm Desert may provide suitable protection to said interest by causing such work to be performed
and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable
and necessary.
Materials and equipment shall be stored so as to not create a public nuisance and to ensure the
preservation of their quality and fitness for the work. No materials or equipment shall be stored at
the project site unless its use is imminent.
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The Contractor is responsible to design, construct and maintain all safety devices and be
responsible for conforming to all local, state and federal safety and health standard, laws and
regulation
19. TRAFFIC CONTROL
Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations
and the American National Standards Institute (ANSI) 2133.1 standards. Contractor shall supply
all delineation, signing and clothing as required by the State of California Department of
Transportation. Contractor shall provide and maintain work zone traffic control devices at all times
in accordance with the WATCH Manual, the California MUTCD, and as directed by the City of
Palm Desert’s Representative or his/her designee. All roadway signs, delineators, channelizers,
cones and barricades shall be in “like new” condition. All roadway signs used for nighttime traffic
control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III.
When required by the City of Palm Desert’s Representative or when maintenance activities
require a traffic control setup that does not conform to standard traffic control layouts as detailed
in the previously referenced standard manuals, then the Contractor shall be required to submit
project traffic control plans for review and approval by the City. Minor adjustments of the traffic
control set up may be made in the field with prior approval from the City Inspector.
A minimum of one (1) 12-foot (12’) travel lane in each direction shall be maintained at all times on
residential, collector and arterial streets during maintenance operations. No reduction of the travel
way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior
approval from the City Project Manager is obtained. If the closing or opening of a street (either
partially or fully) within the City is approved by Project Manager, Contractor shall notify the City
Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the
scheduled closing or opening.
A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be maintained
in the sidewalk area at all times. The area under maintenance in the sidewalk areas must be
maintained free of hazardous conditions. The immediate area must be barricaded in such a
manner that pedestrian traffic cannot enter.
Access to driveways shall be maintained from at least one end of the work area at all times. At no
time is any business or residence to be without access unless otherwise approved by Project
Manager. Contractor shall notify residents or businesses of restricted access forty-eight (48)
hours in advance of construction activities.
The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning,
sweeping and sprinkling with water or other means, as necessary, during and after the course of
their work.
The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping
tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety
devices, as required for public safety or as directed by the City Project Manager, shall be
considered as included in the in the contract bid price, and no additional compensation will be
made therefor.
20. DUST CONTROL/AIR CONTAMINANTS
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The Contractor must comply with the City of Palm Desert’s Municipal Code, Chapter 8.20, “Public
Nuisances” Chapter 27.12.140, and City of Palm Desert Ordinance 294. Contractor must also
comply with Chapter 24.12 “Fugitive Dust (PM10) Control” of City of Palm Desert Municipal Code.
Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of
“dust.” The Contractor is responsible for monitoring all of the active maintenance areas during the
life of the contract, and special attention shall be given to areas during over-seeding operation.
The Contractor shall not discharge smoke, dust, or any other air contaminants into the
atmosphere in such quantity as will violate the regulations of any legally constituted City of Palm
Desert.
Payment for maintaining dust control and air contaminates within the project area shall be
included in the lump sum contract proposal price, and no additional compensation will be allowed
therefor.
21. WATER
Water shall not be taken from any commercial or residential systems without the express written
consent of the owner.
22. MEASUREMENT AND PAYMENT
City of Palm Desert has specific criteria by which to evaluate the performance of Contractor on a
weekly basis. If performance by Contractor is deficient, City of Palm Desert reserves the right to
subtract an associated amount form the billing. Since it is difficult to quantify and assess a value
to every aspect of the work, City of Palm Desert may implement liquidated damages of $250 per
day per incident until the deficiency is corrected. The following is a brief summary of possible
deficiencies:
1. Failure to comply with Contract Documents.
2. Failure to comply in a timely manner with contractually legitimate requests made by City
of Palm Desert.
3. Failure to provide specified reports or falsification of reports.
4. Failure to supply adequate equipment, labor or supervision.
5. Failure to repair deficiencies in the allotted time frame.
6. Failure to comply with schedules.
7. Failure to protect public health and safety.
8. Failure to provide adequate identification on vehicles or employees.
In the event Contractor fails to perform contractual obligations to the satisfaction of City of Palm
Desert, City of Palm Desert many choose to obtain the services of a separate maintenance
provider to fulfill Contractor’s obligations, and any and all associated charges shall be the
responsibility of the Contractor.
Invoices must be rendered on Contractor's standard billhead or official letterhead. Contractor shall
submit invoices within 30 days after completion of work. Invoices shall include the contract
number, location, name of work requester, and payment terms of NET 45. Contractor shall submit
monthly Statements for invoices generated during the previous month and note outstanding
invoices. Failure to submit invoices within sixty (60) days after completion of work, without a City
Item 1L - 131
approved work order, and/or within thirty (30) days after the last date of provided Services or
termination of this Agreement shall constitute a waiver of its right to payment.
23. VEHICLES ON SIDEWALK AND TURF
Contractor vehicles shall not drive on sidewalks or turf without prior City of Palm Desert approval.
24. REFUSE DISPOSAL
All refuse collected shall be removed and taken to a sanitary landfill at Contractor’s expense.
Disposal of debris shall not be allowed in any City of Palm Desert trash can, bin or other City
facility (i.e., corporation yard or satellite yards), or in any park refuse container unless other
arrangements have been authorized by City of Palm Desert.
25. GREEN WASTE
Contractor shall remove all green waste generated from maintenance operations on a daily basis.
No green waste will be allowed to remain on site after work hours. Disposal of green waste shall
not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., Corporation
Yard or satellite yards), or in any park refuse container unless other arrangements have been
authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of
Palm Desert landscaped areas at a County-licensed compost facility. If any compost is used in
the execution of the landscape maintenance contract, it must be from a facility that receives and
composts City of Palm Desert green waste. Said products shall be approved by the City of Palm
Desert or his designee before use. Contractor shall submit verification of green waste disposal in
the Green Waste Monthly Report.
26. SCHEDULES
At the pre-commencement conference, Contractor and City of Palm Desert staff will review the
Work requirements and Contractor will formulate a priority list and submit to City for review.
Contractor shall submit a Schedule outlining the work and estimated costs. Once approved by
the City, Contractor will proceed with ordering material for the repairs. If, during the first thirty (30)
days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule
for approval.
27. LICENSE AND CERTIFICATION REQUIREMENTS
Contractor shall possess all permits and licenses required to comply with city, county, state or
federal laws for the work activities performed, including the use of chemicals. Contractor assumes
responsibility and liability for use of all chemical controls and shall at all times perform chemical
applications in accordance with governmental regulations and industry standards for their safe
and appropriate use.
At the time that the Proposal is submitted, Contractor shall possess current licensure and
certification as follows, and the same shall be maintained current and valid for the term of the
contract:
Class B Contractor License; and specialized Class C licenses as needed.
Item 1L - 132
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to ELITE CUSTOMS CONSTRUCTION, (hereinafter referred to as the “Contractor”) an
agreement for FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (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 JANUARY 12, 2023, (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, ELITE CUSTOMS CONSTRUCTION, 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 up to SEVEN HUNDRED FIFTY THOUSAND
DOLLARS, ($750,000.00), 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:
Item 1L - 133
(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]
Item 1L - 134
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.
Item 1L - 135
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
Item 1L - 136
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
Item 1L - 137
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 JANUARY 12, 2023 has awarded to ELITE CUSTOMS CONSTRUCTION hereinafter designated as the
“Principal,” a contract for the work described as follows:
FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (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 JANUARY 12, 2023 (“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 up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS
($750,000.00) 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 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
Item 1L - 138
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]
Item 1L - 139
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.
Item 1L - 140
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
Item 1L - 141
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
Item 1L - 142
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-134
Facilities Repairs and Improvements Project
RESPONSE DEADLINE: September 23, 2022 at 2:00 pm
Report Generated: Tuesday, September 27, 2022
Belfor USA Group Proposal
CONTACT INFORMATION
Company:
Belfor USA Group
Email:
kathy.larosa@us.belfor.com
Contact:
Kathy LaRosa
Address:
3443 Durahart Avenue
Riverside, CA 92507
Phone:
(248) 502-2408
Website:
www.belfor.com
Submission Date:
Sep 23, 2022 11:43 AM
Item 1L - 143
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 2
ADDENDA CONFIRMATION
No addenda issued
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
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.
Item 1L - 144
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 3
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.
FINAL_City_of_Palm_Desert_2022-RFP-134.pdf12_-_January_2022_-_California_Prevailing_Wage_Rate_Schedule.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, organizat ion, or
corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirec tly 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, sought by
agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any ove rhead,
profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not,
directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged informa tion or
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.
Item 1L - 145
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 4
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Confirmed
3. Enter your valid CA Contractors State License Board (CSLB) number*
Please enter your License Number here. This will be verified against the state database
810553
Click to Verify Value will be copied to clipboard
4. Enter your California Department of Industrial Relations (DIR) Registration number*
Please enter your Public Works Contractor DIR Number. This will be verified against the state database.
1000013546
Click to Verify Value will be copied to clipboard
5. Type of Business*
C Corporation (if corporation, two signatures are required)
6. 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").
As a very large company that performs over 65,000 projects a year, BELFOR is not aware of any prior material contractual issues that
would prevent us from completing our obligations to your company.
7. 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
Item 1L - 146
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 5
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.
Please refer to the document: FINAL_City of Palm Desert 2022-RFP-134.pdf beginning on page 16 for our proposed Contract changes.
8. 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, b ut 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").
Please refer to the document: FINAL_City of Palm Desert 2022-RFP-134.pdf beginning on page 11 for our Exceptions to Bid Conditions.
9. 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.
BELFOR_Resumes.pdf
10. List the Signatory(s) Authorized to Sign and Bind an Agreement.*
(If two (2) signatures are required, include the following information for both signatories)
A. Full Name
B. Title
C. Physical Business Address
D. Email Address
E. Phone Number
A. Paul Suchowski
Item 1L - 147
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 6
B. Controller
C. 185 Oakland Avenue, Suite 150 Birmingham, MI 48009
D. paul.suchowski@us.belfor.com
E. 248.494.1144
A. Chris Jones
B. CFO
C. 185 Oakland Avenue, Suite 150 Birmingham, MI 48009
D. chris.jones@us.belfor.com
E. 248.494.1144
11. Certification of Proposal: The undersigned hereby submits its proposal and, by doing so, agrees to furnish services in accord ance
with the Request for Proposal (RFP), and to be bound by the terms and conditions of the RFP.*
Confirmed
PRICE TABLES
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Construction Foreman 1 Hourly Rate $1.00 $1.00
2 Construction Supervisor 1 Hourly Rate $1.00 $1.00
3 Framer 1 Hourly Rate $1.00 $1.00
4 Drywall Installer 1 Hourly Rate $1.00 $1.00
Item 1L - 148
PROPOSAL DOCUMENT REPORT
RFP No. 2022-RFP-134
Facilities Repairs and Improvements Project
PROPOSAL DOCUMENT REPORT
Request For Proposal - Facilities Repairs and Improvements Project
Page 7
Line Item Description Quantity Unit of
Measure
Unit Cost Total
5 Plumber 1 Hourly Rate $1.00 $1.00
6 Concrete Worker 1 Hourly Rate $1.00 $1.00
7 Carpenter 1 Hourly Rate $1.00 $1.00
8 Painter 1 Hourly Rate $1.00 $1.00
9 Welder 1 Hourly Rate $1.00 $1.00
10 Flooring Installer 1 Hourly Rate $1.00 $1.00
11 Laborer 1 Hourly Rate $1.00 $1.00
TOTAL $11.00
Item 1L - 149
Item 1L - 150
Contents
Section A – Cover Letter ............................................................................................... 1
Section B – Experience and Technical Competence .................................................. 3
1. Background ........................................................................................................................................... 3
2. References ............................................................................................................................................ 4
Section C – Firm Staffing Key Personnel .................................................................... 5
1. Staffing .................................................................................................................................................. 5
2. Key Personnel ....................................................................................................................................... 5
3. Team Organization ................................................................................................................................ 6
4. Subcontractors ...................................................................................................................................... 9
Section D – Proposed Method to Accomplish the Work ............................................ 9
Exceptions.................................................................................................................... 11
Item 1L - 151
Section 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.
BELFOR USA Group, Inc. is a General Contractor, as well as the world’s largest restoration company,
bringing extensive experience in large-scale rehab and renovation projects to the City of Palm Desert.
Founded in 1946, our 76-year history and vast experience over the years has afforded us the opportunity
to restore and rebuild almost every type of structure imaginable. BELFOR performs over 74,000 projects
a year in North America and over 159,000 worldwide. We are nationally recognized as a leader in general
contracting, from new builds to historic restoration projects.
Award-Winning General Contractor
With more than 76 years of reconstruction experience, BELFOR USA Group, Inc., has an unmatched
depth of resources and knowledge. BELFOR has been the #1 Remodeling Company on the Top 500 U.S.
Remodelers List since 2001 (National Association of the Remodeling Industry) and has received
numerous awards that recognize excellence in the restoration industry, including Apex, Chrysalis and
Phoenix Awards. A complete list is available upon request.
Privately Held
All locations are wholly owned by BELFOR USA Ltd.; there are no franchise locations. With 125 offices in
the U.S., 42 in Canada and over 450 around the world, BELFOR is both globally strong and locally
focused.
Personnel
With over 3,700 full-time employees in North America and more than 9,200 worldwide, BELFOR brings an
abundance of talent and ability unequalled in our industry. The experience we bring to each project
represents true value to our clients.
Financial Strength
BELFOR is a $3B global entity. We have a strong balance sheet which allows us to maintain a consistent
pace of operations around the world, regardless of major disaster events.
Item 1L - 152
2.References
List recently completed projects similar in scope and function.
Reference #1: County of San Bernardino
Contact name and title: Bill Ogg, Deputy Director
Telephone number: 909-387-2227
Description of project: Environmental Remediation and Restoration (9/2020)
Reference #2: City of Palm Desert
Contact name and title: Cora Gaugush, Risk Manager
Telephone number: 760-574-3541
Description of project: Emergency Remediation, Abatement and Restoration (3/2022)
Reference #3: Coachella Unified School District
Contact name and title: David Baucom, Facilities Director
Telephone number: 760-574-2674
Description of project: Emergency Remediation, Abatement and Restoration (open account, 3+ years)
Item 1L - 153
Section C – Firm Staffing Key Personnel
1.Staffing
Provide 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.
BELFOR would utilize BELFOR Property Restoration employees and subcontractors that are trained,
licensed, and certified to perform the job-site tasks that the project requires. All site workers would
perform daily safety trainings and briefings as well as maintain a project schedule that accomplishes the
task within the allotted project schedule. The key team members assigned to The City of Palm Desert are
listed below.
2.Key Personnel
Identify key person that will be principally responsible for working with the city. Indicate role and
responsibility of each individual.
Our goal is to become an integral member of the City of Palm Desert Emergency Response Team. As the
responding office, BELFOR Riverside is well-positioned to fully support the City of Palm Desert.
BELFOR Riverside, located at 3443 Durahart Street, Riverside CA is a strong, resourceful and-
established office that has been providing restoration and construction services in the area for 23
years. We are supported by the twelve (12) other BELFOR California offices (Bakersfield, Central Los
Angeles, Fresno, Los Angeles, Modesto, Palm Springs, Sacramento, San Diego, San Fernando Valley,
San Francisco, San Jose and Santa Rosa) as well as the entire BELFOR USA Group network.
Account Manager – Cindy Helmstead
Responsibilities: Cindy will be the primary individual accountable for any projects performed, from initial
emergency response through final billing. Reporting to her on any given project would be the assigned
Project Manager, responsible for on-site project operations oversight and a liaison at the disaster site.
As an Account Manager for BELFOR, she is responsible for consulting with her clients on their
emergency response plans to ensure that no legal, insurance, or logistical issues will delay immediate
response and mitigation efforts.
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3.Team Organization
Describe proposed team organization, including identification and responsibilities of key personnel.
BELFOR Riverside has been in operation for 23 years and has an experienced and highly skilled staff to
complete any projects for the City of Palm Desert’s Facilities Repairs and Improvements Project.
In addition to Cindy Helmstead, the key personnel are:
•General Manager – Jeff Gildner
Experience: Jeff Gildner began his career at BELFOR in 2013, serving as both a Project
Manager and a Senior Estimator. These roles made him uniquely qualified and in 2019 he
was promoted to General Manager of the BELFOR Riverside office. He brings over 30 years
of experience in the restoration and construction industry.
Responsibilities: Jeff has oversight of all facets of operations in the Riverside Office. He
monitors projects performed and leads operations staff, sales, and production teams. As the
head of the Riverside Office, Jeff also sets and monitors P&L milestones for the office as
well as initiating recruiting efforts.
•Project Manager - Eduardo “Lalo” Almeida
Experience: Lalo began his career at BELFOR in 2008 and has served as a Project Manager.
Prior to joining BELFOR, Lalo was an Operations Manager for eight years. With over 20 years of
experience in the restoration and construction industry, he has successfully managed a variety of
large loss projects from initial assessment to the final restoration.
Responsibilities: As Project Manager, Lalo is accountable for the daily operations of the project
and management of all personnel and subcontractors (if used) onsite. Responsible for updating
work plans and schedules as the project progresses. Lalo also helps enforce site safety and
security. He ensures the scope of work is followed and standardized procedures and practices
are utilized. Finally, Lalo witnesses all project inspections and/or testing with required agencies.
•Project Supervisor/Manager – Mike Magnone
Experience: Mike Magnone began his career at BELFOR in 2011, serving as a Project Manager
as well as an Estimator before moving to his current position as Project Manager / Supervisor.
Prior to joining BELFOR, Mike worked as a Project Supervisor for a concrete company and
executed several contracts for 3M. He also worked as a Project Supervisor for a structural steel
fabricator and erector for large hospitals and medical complexes. Mike’s impressive 40 years of
experience in construction and restoration is evident in his superior project planning, permit
processing, and customer communication skills.
Responsibilities: Mike’s chief responsibility is to ensure work crews are achieving the expected
level of performance on a daily basis. He will inform the Project Manager when labor, equipment
and material adjustments are needed.
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•Senior Estimator - Suraj Lutchmansingh
Experience: Suraj Lutchmansingh is a Senior Estimator and has worked with BELFOR for five
years. With 24 years of experience in the restoration industry he is highly skilled in a number of
different remediation and restoration techniques. Suraj also understands the importance of
delivering consistent positive client communications, having owned his restoration company for
16 years.
His extensive experience includes a recent challenging remediation project that he estimated and
performed for Riverside University Health System. Suraj’s experience encompasses all aspects
of what we do at BELFOR, including restoration at hotels, multifamily residences, and mold
remediation projects.
Responsibilities: Suraj coordinates needed resources and manpower to effectively perform a
construction or restoration project. As Senior Estimator, he has on-site decision-making authority
and is responsible for ensuring Key Performance Indicators (KPIs) are met.
•Estimator – Michael Todd
Experience: Michael has been with BELFOR for one year but brings over 25 years of experience
in the restoration and construction industry. Being self-employed for 25 years, Michael brings
leadership and extensive knowledge to his role as Estimator. As owner of his own company,
Michael was responsible for acquiring work, scheduling, hiring and training employees. He focused
on meeting and exceeding customer satisfaction as a key measurement in growing his company.
Michael has over 40 years of hands-on experience in many aspects of construction, driving his
attention to detail and also the big-picture view required of successful Estimators.
Responsibilities: Typically, the first person on site to evaluate the extent of the damage. Works
directly with the Senior Estimator to determine the manpower and equipment needed to stabilize
the property and would work with City of Palm Desert key personnel and insurance representatives
to develop a full scope of required construction and a timeline for recovery.
•Estimator – Justin Howard
Experience: Justin has been with BELFOR for two years but brings over 14 years of experience
in the restoration and construction industry. He has worked for other such companies in a variety
of capacities, including: Technician, Crew Chief, Mitigation Project Manager, Mitigation Estimator,
and Reconstruction Estimator/Project Manager. Justin’s well-rounded experience enables him to
understand the details of each project and communicate those to the customer clearly. In
addition, Justin is also cross trained in all aspects of Mitigation and Remediation, further enriching
his role as Estimator.
Responsibilities: As with Michael Todd, Justin will often be one of the first people on site to
evaluate the extent of the damage. In addition to determining needed personnel, equipment, and
other resources, Estimators are often responsible for ensuring Key Performance Indicators (KPIs)
are met on each project.
Please refer to the Organizational Chart on the following page and the attached Staff Resumes
for more information.
Item 1L - 156
CINDY HELMSTEAD
Account Manager
Mike Magnone
Project
Supervisor/Manager
JEFF GILDNER
General Manager
BELFOR Riverside
Field
Personnel
Regional Health &
Safety Officer
Construction
Superintendents
Restoration
Supervisors
Restoration
Technicians
JUSTIN HOWARD
Estimator
MIKE TODD
Estimator
LALO ALMEIDA
Project Manager
SURAJ
LUTCHMANSINGH
Senior Estimator
City of Palm Desert, RFP: 2022-RFP-13Z 8
Item 1L - 157
4.Subcontractors
The Proposer shall identify functions that are likely to be subcontracted and identify the subcontractor
that is anticipated to perform each function.
BELFOR typically self-performs the vast majority of restoration/remediation services. If needed,
subcontractors are prequalified for performance history, stability, insurance requirements, references,
compliance with federal immigration policies, a sense of urgency and a business continuity mindset. If
the contractor supports our emergency response services, they are required to respond 24/7 to requests
for service.
Subcontractors are fully licensed and insured.
Section D – Proposed Method to Accomplish the Work
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.
The contractor will provide technicians capable of working on a variety of facility elements, including but
not limited to:
• Framing
• Drywall
• Painting
• Concrete
• Carpentry
• Audio/Visual & Security
• Welding
• Flooring
• Fixtures
• Plumbing
BELFOR is unique in that, while we are licensed general contractors, we are also remediation specialists.
All of our technicians, estimators and managers have this dual perspective on projects, allowing them to
understand building systems, determine if restoration or reconstruction is the best course of action, and
implement the appropriate solutions immediately. This also allows BELFOR to fast-track many projects
by eliminating duplication of effort and reducing job site conflicts.
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Reconstruction
With more than 76 years of reconstruction experience, BELFOR has an unmatched depth of resources
and knowledge. Our offices and personnel are a part of the communities that they serve. They
understand their community’s needs. BELFOR works with insurance adjusters, oftentimes several on a
single project to mitigate property damage, address hidden moisture and/or mold, safely nullify disaster
scene hazards, repair damage from construction defects, and identify building components that can be
restored vs. replaced. We work on accelerated timelines to drastically reduce business interruption for our
commercial clients.
BELFOR USA has been the #1 Insurance Reconstruction Company on the List of Top 500 Remodeling
Companies since 2001. We have also garnered numerous awards that recognize excellence in the
restoration industry, including Apex, Chrysalis and Phoenix Awards. A complete list is available upon
request.
Capabilities
As a full service General Contractor, we can coordinate all needed services - hiring architects, engineers,
testing firms, and any necessary trades in order to stabilize and reconstruct a property. We perform
interior renovation / build-back as well as complete core and shell construction.
Reconstruction Capabilities after a loss include:
•24-hour emergency response
•Site containment/temporary shoring
•Intrusive investigation/selective demolition
•Emergency power
•Full scale carpentry
•Complete electrical, mechanical and plumbing
•Complete exterior envelope reconstruction
•Construction defect reconstruction
•All roofing configurations
•Interior build-out and finishes
•Complex installation and interior finishes
•High-rise reconstruction and restoration
•Historic reconstruction and restoration
•Machinery/factory line implementation
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BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS
#2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT
Doc./Page Section Description
Standard
Maintenance
Services
Agreement
3.2.8
Period of
Performance
Please modify this section as follows:
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.
Standard
Maintenance
Services
Agreement
3.2.11.2(A)
Proof of
Insurance
Please modify this section as follows:
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. City reserves the right to
require complete, certified copies of all
required insurance policies, at any time.
Standard
Maintenance
Services
Agreement
3.2.11.2(I)
Notice of
Cancellation
Please modify this section as follows:
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.
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BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS
#2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT
Standard
Maintenance
Services
Agreement
3.2.14 Please modify the last sentence of this
section as follows:
Contractor shall allow inspection of all
work, data, documents, proceedings, and
activities directly related to the Agreement
for a period of three (3) years from the
date of final payment under this
Agreement.
Standard
Maintenance
Services
Agreement
3.2.16 Please modify this section as follows:
Contractor shall be responsible for all loss
and damage to the extent caused by
Contractor 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.
Standard
Maintenance
Services
Agreement
3.3.2 Please modify this section as follows:
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
Standard
Maintenance
Services
Agreement
3.5.2.1
Scope of
Indemnity
Please modify this section as follows:
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
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BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS
#2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT
representatives free and harmless from
any and all claims, demands, causes of
action, suits, actions, proceedings, costs,
expenses, liability, judgments, awards,
decrees, settlements, attributable to
bodily injury, death, or property damage
(collectively, “Claims”) 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 to the extent caused by
the negligent acts, errors or omissions, or
willful misconduct of Contractor, its
officials, officers, employees, or
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, reasonable
attorneys’ fees and other related costs and
expenses except such Claims caused by
the sole or active negligence or willful
misconduct of the City.
Standard
Maintenance
Services
Agreement
3.5.2.2
Additional
Indemnity
Obligations
Please delete paragraph 3.5.2.2 in its
entirety.
Scope of
Services
5.3
Payment
Please modify the language as follows:
All materials and will be paid at cost plus
an allowable 15% markup. Labor will be
paid based on the approved Price Sheet
or Contractor’s then current rate and
material schedule.
Exhibit C
Compensation
Exhibit C Please modify this Exhibit as follows:
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,
to be consistent with Contractor’s then
current rate and material schedule. but
any increase shall not exceed the
Formatted Table
Formatted: Font: Bold
Formatted: Font: Bold
Item 1L - 162
BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS
#2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT
Consumer Price Index, All Urban
Consumers, Los Angeles-Riverside-Orange
Counties. The City and Contractor may
review the CPI on an annual basis and
recommend adjustments to the City
Manager or City Council for approval. Any
increase shall not exceed the Consumer
Price Index.
Special
Provisions
7
Claims
Please delete this section in its entirety.
Special
Provisions
22
Measurement
and Payment
Please modify this section as follows:
11.1 City of Palm Desert has specific criteria by
which to evaluate the performance of
Contractor on a weekly basis. If
performance by Contractor is deficient,
City of Palm Desert reserves the right to
subtract an associated amount form the
billing. Since it is difficult to quantify and
assess a value to every aspect of the
work, City of Palm Desert may implement
liquidated damages of $250 per day per
incident until the deficiency is corrected.
The following is a brief summary of
possible deficiencies:
11.2 1. Failure to comply with Contract
Documents.
11.3 2. Failure to comply in a timely manner
with contractually legitimate requests
made by City of Palm Desert.
11.4 3. Failure to provide specified reports or
falsification of reports.
11.5 4. Failure to supply adequate equipment,
labor or supervision.
11.6 5. Failure to repair deficiencies in the
allotted time frame.
11.7 6. Failure to comply with schedules.
11.1
11.8 7. Failure to protect public health and
safety.
8. Failure to provide adequate
identification on vehicles or employees.
In the event Contractor fails to perform
contractual obligations to the satisfaction
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BELFOR USA GROUP, INC. - EXCEPTIONS TO BID CONDITIONS AND SPECIFICATIONS
#2022-RFP-134 FACILITIES REPAIRS AND IMPROVEMENTS PROJECT – CITY OF PALM DESERT
of City of Palm Desert, City of Palm
Desert many choose to obtain the
services of a separate maintenance
provider to fulfill Contractor’s
obligations., and any and all associated
charges shall be the responsibility of the
Contractor.
Invoices must be rendered on
Contractor's standard billhead or official
letterhead. Contractor shall submit
invoices within 30 days after completion
of work. Invoices shall include the
contract number, location, name of work
requester, and payment terms of NET 45.
Contractor shall submit monthly
Statements for invoices generated during
the previous month and note outstanding
invoices. Failure to submit invoices within
sixty (60) days after completion of work,
without a City approved work order,
and/or within thirty (30) days after the
last date of provided Services or
termination of this Agreement shall
constitute a waiver of its right to
payment.
Item 1L - 164
CONTRACT NO.
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this [***INSERT DAY***] day of [***INSERT
MONTH***], [***INSERT YEAR***] 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 CONTRACTOR***], a [***[INSERT TYPE OF
ENTITY - CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP OR OTHER LEGAL
ENTITY]***] with its principal place of business at [***INSERT ADDRESS***] (“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 Facilities Repairs and
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 be from September 29, 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 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.
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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 [***INSERT
NAME OR TITLE***], 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,
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Contract No.
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BBK 72500.00001\32374943.1 - 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.
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
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.
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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.
(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
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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
primary policies.
(d) Policies shall “follow form” to the underlying
(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.
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
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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
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
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(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
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
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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
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.
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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 directly 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
to the extent caused by Contractor 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)
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
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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 Three Hundred Thousand Dollars ($300,000.00) annually 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, 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
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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
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
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(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:
[***INSERT NAME***]
[***INSERT ADDRESS***]
[***INSERT CONTACT PERSON***]
City:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Randy Chavez, Community Services Manager
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.
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, attributable to bodily injury, death, or property
damage (collectively, “Claims”) 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 to the extent caused by the negligent acts, errors or omissions, or willful misconduct of
Contractor, its officials, officers, employees, or 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
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witness fees, reasonable 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.
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 and City 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 other party 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
Item 1L - 177
Contract No.
Revised 11-2-20
BBK 72500.00001\32374943.1 - 14 -
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.
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,
Item 1L - 178
Contract No.
Revised 11-2-20
BBK 72500.00001\32374943.1 - 15 -
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.18 Reserved.
[SIGNATURES ON NEXT PAGE]
Item 1L - 179
Contract No.
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.
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
[***INSERT NAME OF CONTRACTOR***]
[***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:
Contractor’s License Number and
Classification
DIR Registration Number (if applicable)
QC
Revised 11-2-20
BBK 72500.00001\32374943.1
Exhibit A - 1
Insurance:
Initial Review Final Approval
Item 1L - 180
Contract No.
Exhibit A-2
EXHIBIT “A”
PALM DESERT FACILITIES IMPROVEMENT PROJECT
SCOPE OF SERVICES
1. SCOPE OF WORK
The work to be done consists of furnishing all labor, incidental materials, equipment,
necessary tools and machinery, supervision, all utility and transportation services, and
incidentals required for the Facilities Improvement project in accordance with the
Specifications.
This contract provides for the regular evaluation and maintenance project services for
the City owned or operated facilities listed below.
2. LOCATION OF WORK
City Hall Building, 73-510 Fred Waring Drive
Community Center (Henderson), 72559 Highway 111
Corporation Yard, 74705 42nd Avenue
Portola Community Center, 45480 Portola Avenue
Palm Desert Sheriff Substation, 73520 Fred Waring Drive
Parkview Office Complex, 73710 Fred Waring Drive
State Building, 73-720 Fred Waring Drive
iHUB, 37023 Cook Street, Suite 102
Fire stations
o Fire Station No. 33, 44400 Towne Center Way
o Fire Station No. 67, 73200 Mesa View Drive
o Fire Station No. 71, 73995 Country Club Drive
Aquatic Center, 73751 Magnesia Falls Drive
Parks buildings
o Cahuilla Hills Park, 45825 Edgehill Drive
o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd
o Civic Center Park, 43900 San Pablo Ave
o Freedom Park, 77400 Country Club Dr
o Hovley Soccer Park, 74735 Hovley Lane
o Ironwood Park, 47800 Chia Drive
o Joe Mann Park, 77810 California Drive
o Magnesia Falls City Park, 74200 Rutledge Way
o Palma Village Park, 44550 San Carlos Ave
o University Park East, 74902 University Park Drive
o University Dog Park, 74802 University Park Drive
o Washington Charter School Park, 45768 Portola Avenue
The Contractor will furnish all labor, materials, renderings, equipment, tools, removal,
installation, coordination, permits, supervision, utility and transportation services, and
incidentals (including tax) as necessary. Each of these facilities has unique
maintenance needs that will be met through this contract. All facility maintenance and
improvement projects will be conducted in a manner that provides for the adequate and
Item 1L - 181
Contract No.
Exhibit A-3
safe use of the facility and continues the City’s prominence as a world -class municipality
for the enjoyment of the community.
3. GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary equipment and labor to perform maintenance
projects on an as-requested basis for the City. Facilities maintenance requests will be
based on contractor assessments in coordination with City staff.
3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per
quarter on a rotating basis, or based on priority designated by City staff. The purpose
of the site visits is to perform inspections and assessments, provide recommendations,
and develop long-term plans for facility upkeep. A written report will be developed by
the Contractor after each site visit and submitted to City staff within two weeks of the
site visit. Minimum requirements for the report include:
Site locations visited and address
Contractor representative and contact information
Date and time of visit
Prioritized list of areas recommended for maintenance projects
Descriptions of maintenance projects
Estimated cost to complete each maintenance project
Photos
3.2 The contractor will provide technicians capable of working on a variety of facility
elements, including but not limited to:
Framing
Drywall
Painting
Concrete
Carpentry
Audio/Visual & Security
Welding
Flooring
Fixtures
Plumbing
3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1)
meeting annually for the duration of the contract with City staff to review short-term
and long-term maintenance need projections and life expectancies of facility
furnishings. This will allow the City to accurately budget and plan for anticipated
maintenance needs, facility repairs and upgrades.
3.4 Contractor shall provide appropriate equipment and labor for the execution of all
maintenance and repair activities. City of Palm Desert reserves the right to inspect
and/or approve any equipment used in this contract. If City of Palm Desert deems the
equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert
may require that the equipment be removed from the job site and replaced with a
different piece of equipment.
Item 1L - 182
Contract No.
Exhibit A-4
3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance.
Contractor shall provide personnel capable of effective verbal and written
communication with City of Palm Desert representatives. If City of Palm Desert deems
personnel to be inadequate to accomplish the task at hand, City of Palm Desert may
require that the personnel be removed from the job site and replaced with personnel
demonstrating the appropriate level of job knowledge, skills, and verbal
communication to effectively accomplish the work.
3.6 Prior to commencement of the contract, designated City of Palm Desert
representative(s) and the Contractor will perform a mandatory acceptance walk-
through inspection of the contract area.
3.7 All new equipment installations provided by the Contractor will include a one-year
warranty or better.
3.8 Contractor shall remove debris caused by all maintenance activities on the same
working day that such debris is accumulated, unless otherwise agreed upon by the
Contractor and City staff in advance.
3.9 Contractor is required to protect from damage as necessary, existing equipment that
is not part of the maintenance services. Contractor will be responsible to replace or
repair any equipment damaged by contractor, not related to the service, at Contractor’s
expense and include a one-year warranty or better.
3.10 Contractor is responsible for cordoning off public areas during their course of work as
to protect the public from harm. Contractor is to supply all safety equipment as needed
to perform the scope of work, including but not limited to: signage, cones, partitions,
plywood covers, etc.
3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300
of the Public Contract Code, all proposers must possess proper licenses for
performance of the Contract. Subcontractors must possess the appropriate licenses
for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and
Professions Code, the City shall consider any proposal submitted by a contractor not
currently licensed in accordance with state law and pursuant to the requirements found
in the Contract Documents to be nonresponsive, and the City shall reject the proposal.
The City shall have the right to request, and the proposers shall provide within five (5)
calendar days, evidence satisfactory to the City of all valid license(s) currently held by
that proposer and each of the proposer’s subcontractors before awarding the Contract.
4. MAINTENANCE PROJECTS
Maintenance projects will be determined based on the prioritized lists developed
through the quarterly facility inspections. City of Palm Desert staff will inform the
contractor when a maintenance project may be initiated.
4.1 No work will be initiated without an approved City of Palm Desert Work Order.
4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope
Item 1L - 183
Contract No.
Exhibit A-5
and cost of the project.
4.3 The Contractor will provide an estimated timeline for project milestones and
completion.
5. PAYMENT
Maintenance service and materials not described in this scope of work will be needed
periodically to satisfactorily maintain the City facilities. On such occasions, the following
criteria will be followed:
5.1 All work shall be approved in writing on a City-issued extra work form by the Director
of Public Works, or his designee, prior to ordering or commencing activities.
5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform
work shall constitute the City’s denial of payment for said work and parts. Upon
Contractor’s submission of requests for work and/or parts the City reserves the right
to reject quotations on each item, separately or as a whole.
5.3 State and local taxes as applicable, shipping/handling/freight on board charges,
applied discounts, and labor estimates shall be shown separately. All materials and
will be paid at cost plus an allowable 15% markup. L labor will be paid based on
the approved Price Sheet or Contractor’s then current rate and material
schedule. Receipts are required to be submitted with approved invoice(s). Estimated
dates for delivery and installation shall be noted.
5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list
of services provided and costs not listed in the Scope of Services or Price
Sheets. The City may negotiate costs, if needed, prior to approval of the
Agreement.
Formatted: Font: Bold
Item 1L - 184
Contract No.
EXHIBIT “B”
SCHEDULE OF SERVICES
The term of this Agreement shall be from September 29, 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 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.
Revised 11-2-20
BBK 72500.00001\32374943.1
Exhibit B - 1
Item 1L - 185
Contract No.
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, to be consistent with Contractor’s
then current rate and material schedule. but any increase shall not exceed the Consumer Price
Index, All Urban Consumers, Los Angeles-Riverside-Orange Counties. The City and Contractor
may review the CPI on an annual basis and recommend adjustments to the City Manager or City
Council for approval. Any increase shall not exceed the Consumer Price Index.
The total compensation shall not exceed Three Hundred Thousand Dollars
($300,000.00) annually without written approval of the City Council or City Manager, as applicable.
Pricing schedule is as follows:
[INSERT PRICING SCHEDULE]
Exhibit C - 1
Item 1L - 186
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 , (hereinafter referred to as the “Contractor”)
an agreement for Facilities Repairs and Improvements Project
(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, , 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 THREE HUNDRED THOUSAND DOLLARS,
($300,000.00), 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:
Item 1L - 187
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]
Item 1L - 188
Contract No.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this
, 20 .
day of
(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:
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so
must be attached hereto.
(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)
Item 1L - 189
Contract No.
Notary Acknowledgment
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
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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.
Item 1L - 190
Contract No.
Notary Acknowledgment
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
Attorney-In-Fact
General Number of Pages
Trustee(s)
□ Guardian/Conservator Date of Document
□ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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.
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.
Item 1L - 191
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 , 20 has awarded to hereinafter
designated as the “Principal,” a contract for the work described as follows:
Facilities Repairs and Improvements Project (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 annual sum of THREE HUNDRED
THOUSAND DOLLARS ($300,000.00) 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
pertaining or relating to any scheme or work of improvement herein above described, or pertaining
Item 1L - 192
Contract No.
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]
Item 1L - 193
Contract No.
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.
Item 1L - 194
Contract No.
Notary Acknowledgment
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
Attorney-In-Fact General Number of Pages
Trustee(s)
□ Guardian/Conservator Date of Document
□ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
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.
Item 1L - 195
Contract No.
Notary Acknowledgment
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
Attorney-In-Fact General Number of Pages
Trustee(s)
□ Guardian/Conservator Date of Document
□ Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
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.
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.
Item 1L - 196
CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B)
Effective Date: January 2022
§ I.
CODE REGULAR RATE / HR
APM Assistant Project Manager $ 80.00
PM Project Manager $ 119.00
PE Project Estimator $ 129.00
SPM Senior Project Manager $ 146.00
PC Project Coordinator $ 178.00
GL General Labor $ 122.00
AA Administrative Assistant $ 94.00
LF Labor Foreman $ 132.00
MS Mobilization Support $ 109.00
TD Truck Driver $ 109.00
DMT Demolition Technician $ 131.00
RCO Resource Coordinator (Supply Technician) $ 127.00
PA Project Auditor (Documentation Clerk) $ 99.00
EO Equipment Operator $ 139.00
HSO Health & Safety Officer $ 127.00
RT Restoration Technician $ 134.00
RS Restoration Supervisor $ 134.00
DT Dehumidification Technician $ 134.00
MT Mold Technician (Remediation Technician or Supervisor) $ 134.00
PT Painter $ 127.00
DP Drywall Installer/Finisher $ 139.00
CR Carpenter (Framer/Finish) $ 139.00
TF Trade Foreman (Commercial Supervision) $ 139.00
(Dehumidification, Documents/Media, Electronics, HVAC, Machinery, Mold)
TN Technician $ 134.00
TS Technical Specialist $ 134.00
TL Team Leader $ 149.00
TMR Technician, Machinery Rebuild $ 149.00
HT Hazmat/Asbestos Technician $ 126.00
HLT Hazmat/Asbestos Lead Technician $ 134.00
HEO Hazmat/Asbestos Equipment Operator $ 139.00
HS Hazmat/Asbestos Supervisor $ 134.00
HPM Hazmat/Asbestos Project Manager $ 149.00
CVP President & Vice President $ 275.00
CSC Senior Consultant $ 225.00
CCE Consultant / Consulting Estimator $ 195.00
CWP Clerk of the Works-Production Person $ 120.00
CAD Administrative $ 75.00
COC Outside Consultants Actual Billing + 10%
CLG Deposition, Legal Work, & Court Testimony see section I.IV Consulting Expenses 400.00$
CFE Appraisal & Umpire fees 350.00$
§ I.II
ENVIRONMENTAL SERVICES:
CONSULTING SERVICES:
LABOR CALCULATION POLICYThe guidelines for labor invoicing are as follows: The first eight hours worked on any scheduled shift Monday through Friday will be charged at the regular hourly
rate. Any hours worked in excess of eight hours on any scheduled shift Monday through Friday will be charged at 1.5 times the regular hourly rate. All hours
worked on Saturday and Sunday will be at 1.5 times the regular hourly rate. All hours worked on Holidays (see §I.III Item 4 for recognized holidays) will be
charged at 2 times the regular hourly rate. OT applies to all labor classifications regardless if salary or hourly.
After Hours Emergency Services: In the event that BELFOR personnel are required for emergency services after normal BELFOR business hours (Weekdays
5:00 p.m.-7:00 a.m.), 1.5 times the regular hourly rate will be charged.
GENERAL CLASSIFICATIONS:
RESTORATION SERVICES (General):
RECONSTRUCTION SERVICES:
TECHNICAL SERVICES:
RATES AND INVOICE CONDITIONS
ITEMIZED SCHEDULED LABOR CLASSIFICATIONS
PROJECT MANAGEMENT:
v1-1
Rate and Materials (California)Page 1 of 4 BELFOR Initial:_________ Customer Initial:_________
Item 1L - 197
CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B)
Effective Date: January 2022
§ I.
§ I.III
1). Reproduction of actual drawings at actual cost
2). Automobile mileage at IRS approved rate, tolls at cost with receipts over $25.00
3). Overnight mail is priced at $14.70/small package, $29.40/large package
4). Photographs at $1.00 per picture for standard size
§ I.IV 5). Color copying at $1.00 per page or actual cost if Kinko's or other service
6). Airfare, hotels, rental car rates and other travel expenses are billed at cost + 15%
7). Daily per diem rate at $55.00 a day/based on (8) hour day
Note: *Fees for deposition and trial appearances are for a minimum eight-hour day @ $300/hr for all consultants
§ II.
§ III.
§ IV.
§ V.
§ VI.
§ VII.
§ VIII.
BILLING AND PAYMENT
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits,
licenses and orders incident to performance of the work.
The above rates represent the charges for freeze drying only. Labor, equipment, materials and other document treatments performed will be billed in
accordance with the rates herein and any project specific quotations.
Other recovery service charges will be determined per job, based on the following relevant factors:
* Nature of Damage * Degree of soot/char * Intended Use of Document * Moisture Saturation * Mold Contamination * Odor
Because the type and level of contamination may vary so greatly and thus affect the resultant recovery protocol required, these additional services will be
quoted after examining a sample of the affected documents.
CAT CONSIDERATIONS (Based on Property Claim Services assigning a CAT Serial Number)
1). A 6% fee will be added to the total of each invoice. This fee will cover all of the indirect charges that must be allocated to each job in the CAT. Examples
of these charges would be CAT management, CAT office, admin support, warehousing, etc...
1). Invoices generated in accordance with the BELFOR Rate and Materials Schedule will be submitted periodically for work that has been performed. As such,
all invoices are due and payable upon receipt and will be considered late 30 days after receipt of the invoice. If there are any disputed charges on any invoice
these should be clearly identified in writing within 30 days and an additional 30 days will be allowed to resolve disputed charges. Interest charges will begin
to accrue after 30 days for undisputed charges and after 60 days for the disputed charges at the rate of: 1) 1% per month or 2) as specified in the terms
and conditions of the applicable contract.
1). Any scheduled consumables purchased locally where the unit price exceeds 80% of the rate, the item will be invoiced at documented cost plus
Contractor's 10% Overhead / 10% Profit (21%).
2). During the course of performance of the work BELFOR may add additional consumables to the Rate Schedule.
Freeze drying charges will range from $45 to $85 per cubic foot based on the volume of documents to be dried, the type of document (bound or loose
paper), and the moisture saturation.
4). Scheduled consumables are charged on a "per unit" basis whether consumed by the unit or not.
VENDORS, UNSCHEDULED MATERIALS & UNSCHEDULED EQUIPMENT
1). Contractor's 10% overhead plus 10% profit (21%) will be added to the total of all documented costs for Unscheduled Materials, Unscheduled Equipment,
and Subcontractors / Vendors (including DUCTZ HVAC and BELFOR Environmental Services) who are not fulfilling a scheduled Labor Classification.
REIMBURSABLES
1). Contractor's 15% mark-up will be added to the total of all reimbursables.
2). Standard per diem rates are $68.75 per person per day (2019 GSA base rate). The 1.35 multiplier will be applied for NYC, Cape Cod, Martha's Vineyard,
Nantucket, AK, HI, Latin America, and the Caribbean ($74.25). Per Diem will be charged for all traveling personnel in § I. Itemized Scheduled Labor
Classification. BELFOR charges this daily rate whether the per diem is paid directly to the person, is charged to BELFOR as a separate charge, or is
included with other compensation considerations. For multiple jobs on a single day, per diem will be prorated accordingly.
3). Per Diem reimbursement is subject to certain limitations regarding deductibility governed by the Internal Revenue Service, Code of 1986, Section
274(n)(1). Please consult your tax advisor on the appropriate treatment of these costs on your project as it is our policy that any deductibility limitation for
income tax purposes is the responsibility of the customer.
3). BELFOR reserves the right to change the unit rate of scheduled consumables affected by market conditions.
4). BELFOR shall be reimbursed for travel expenses (airfare, lodging, rental cars, per diem) for personnel at documented costs plus markup (see item 1).
5). Lodging will be charged in accordance with the published GSA lodging allowance in effect at the time of the stay (https://www.gsa.gov/travel/plan-
book/per-diem-rates/) plus applicable fees and taxes. As is the case with the Federal Travel Regulations, actual expense reimbursement is allowed when the
lodging allowance is insufficient to meet the necessary expenses.
6). An optional methodology for lodging charges is to apply a lodging allowance as follows: Lodging may be charged at the average nightly rate of up to
three hotels that house project personnel (BELFOR and/or subcontractors). The full average nightly rate will be charged for single occupancy and 50% of the
average nightly rate per person will be charged for double occupancy.
DOCUMENT DRYING AND RECOVERY SERVICES
2). Small Tools Charge: Items such as shovels, ladders, demolition carts, extension cords, small hand tools, etc..., which are provided by BELFOR but are not
included in the Scheduled Equipment list will be charged at 3% of total labor charges for all hands-on personnel (EO, GL, LF, RT, RS, DTA, DC, DTL, DMT, DT,
MT, PT, DP, CR, TN, TS, HT, HLT, HEO). Any specialty items purchased for a project may be charged as per Section IV.
3). The Safety Equipment Packages (Personal Protection Equipment - PPE, Personal Fall Protection - PFP, and Personal Respiratory Protection - PRP) are
inclusive of the reusable components of each package as well as any training, medical, or certification expenses related to their use. They do not include the
disposable items within the Scheduled Consumables list.
4). During the course of performance of the work BELFOR may add additional equipment to the schedule.
SCHEDULED CONSUMABLES (see § III.I Itemized Scheduled Consumables)
3). National holidays recognized by BELFOR for rate (not payroll) purposes are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and
Christmas.
1). Work performed under a particular contract that is subject to Federal and State wage and hour laws, prevailing wages, and/or collective bargaining agreements may
require negotiated changes to the above stated rates. If necessary, adjustments will be made to the hourly rates and other labor provisions.
2). When circumstances beyond our control require BELFOR personnel to stand-by at the job site, a minimum stand-by charge of 6 hours at the regular hourly rate (no
overtime) will be charged.
4). The hourly Scheduled Labor rates will be charged portal to portal for all BELFOR personnel, labor subcontractors, and subcontractors fulfilling any Labor
Classifications.
5). If a meeting is requested by the client that involves travel BELFOR will bill for travel expenses at documented cost plus 15%.
CONSULTING EXPENSES
SCHEDULED EQUIPMENT CHARGES (see § II.I Itemized Scheduled Equipment)
1). The Daily Rental Rate is charged for each calendar day equipment is utilized on a project, whether a partial day or complete day.
LABOR CONSIDERATIONS
v1-1
Rate and Materials (California)Page 2 of 4 BELFOR Initial:_________ Customer Initial:_________
Item 1L - 198
CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B)
Effective Date: January 2022
§ II.I
EQUIPMENT DESCRIPTION UNIT RATE EQUIPMENT DESCRIPTION UNIT RATE
AIR MOVERS/COMPRESSORS/ACCESSORIES TRUCKS, VEHICLES, TRAILERS (rate does not include fuel)
Air compressor, gas/electric Ea / Day 45.00$ BELFOR Command Center Ea / Day 605.00$
Air compressor, tow behind Ea / Day 143.00$ Mobile Office Ea / Day 79.00$
Air movers/carpet blowers Ea / Day 36.00$ Mobile Warehouse (Trailer Only)Ea / Day 188.00$
Octidry Bag or Direct it In (attachment)Ea / Day 36.00$ Trailer, Freezer Ea / Day 182.00$
Injectidry Unit Ea / Day 158.00$ Truck, Dump Service (Pickup Truck)Ea / Day 116.00$
Manometer Ea / Day 100.00$ Truck, Dump-Trip Charge Ea / Day 182.00$
Truck, Moving/Box/Board up Ea / Day 188.00$
BLAST/POWER WASH UNITS Truck (Cab) or Trailer (Flatbed, Transfer, etc)Ea / Day 151.00$
Blasting Unit, Agri/Soda Ea / Day 784.00$ Vehicle, Pickup, SUV or Car Ea / Day 84.00$
Dry Ice Blaster w/Accessories Ea / Day 1,178.00$ Vehicle, Truck 1 Ton 4x4 Lift gate Ea / Day 200.00$
Soda Blaster Ea / Day 1,169.00$ Vehicle, Van (1 per 10 Passenger or Cargo)Ea / Day 136.00$
Washer, High Pressure (cold)Ea / Day 121.00$
Washer, High Pressure (hot)Ea / Day 151.00$ DUMPSTERS & STORAGE
Dumpster, 20 yd (max weight 4 Tons)Per Load 666.00$
CLEANING/VACUUMS/EXTRACTION Dumpster, 30 yd (max weight 6 Tons)Per Load 847.00$
Buffer, Floor Ea / Day 45.00$ Dumpster, 40 yd (max weight 8 Tons)Per Load 1,029.00$
Carpet Cleaning Machine Ea / Day 91.00$ BELFOR Pods 8'x7' 12' x 7'Per Month 285.00$
Dry Cleaning Unit (portable)Ea / Day 173.00$ BELFOR Pods (set up & breakdown)Per Pod 363.00$
Extraction Unit (portable)Ea / Day 188.00$ Storage Vaults Per Month 152.00$
Extraction Unit (Truck or Trailer mount)Ea / Day 680.00$
Floor cleaning system (walk behind)Ea / Day 287.00$ ELECTRONICS / MECHANICAL
HEPA Filtration Unit / Air Scrubber Ea / Day 172.00$ Cart, Electronic Decontamination Ea / Day 76.00$
Ion Air Cleaning System Ea / Day 57.00$ Cleaning Room, HEPA filtered Ea / Day 1,184.00$
Steam Cleaner (Trailer)Ea / Day 294.00$ Crane, A-Frame (1 ton)Ea / Day 168.00$
Upholstery Machine/Lady Vac (steam cleaner)Ea / Day 76.00$ Crane, Overhead (2 Ton, monorail 38 feet)Ea / Day 935.00$
Vacuum, HEPA Ea / Day 110.00$ Decon Room Per Project 624.00$
Vacuum, Insulation Machine Ea / Day 109.00$ DI Water System Ea / Day 48.00$
Vacuum, Upright, Wet/Dry or Canister Ea / Day 42.00$ Documentation Kit (digital camera/photo printer)Ea / Day 84.00$
Zip Poles, Set of 6 Ea / Day 33.00$ Electrical Distribution (120 Amp Panel)Ea / Day 227.00$
Electrical Test Equipment (Megger, Hi-Pot, Grounding Cables)Ea / Day 498.00$
LIGHTS Electronic Dehumidification Unit/Heating (KHT)Ea / Day 272.00$
Light, Balloon Ea / Day 133.00$ Gas Detector, ATI PortaSens II Ea / Day 371.00$
Light, Tower Mobile (400 WT diesel)Ea / Day 188.00$ HEPA Filtered Hood Ea / Day 187.00$
Light, Wobble (37 inches)Ea / Day 53.00$ HEPA Water Displacement Unit Ea / Day 113.00$
Oven, Convection Drying (ULT)Ea / Day 529.00$
MISC.Oven, Vacuum Drying Ea / Day 754.00$
Heat Gun, Shrink Wrap Ea / Day 91.00$ Quality Control Kit, (scientific instruments)Ea / Day 227.00$
Ride on Flooring Stripper (includes blades)Ea / Day 1,452.00$ Reflectoquant Test Device Ea / Day 124.00$
Saw, Demo Ea / Day 129.00$ Sealer, Vacuum Ea / Day 330.00$
Saw, Kett Ea / Day 43.00$ Spray Booth with 2 sinks (portable)Ea / Day 227.00$
X-Ray Dryer Ea / Day 188.00$ Sprayer, Airless H.P. (Wagner)Ea / Day 99.00$
X-Ray Separation Tank Ea / Day 565.00$ Tool Handling Charge Per Project 561.00$
Ultrasonic Bath, Portable Ea / Day 393.00$
ODOR CONTROL/DISINFECTION Ultrasonic Bath, Bench Top Ea / Day 227.00$
Fogger, Commercial Ea / Day 136.00$ Ultrasonic Dip Line, Industrial Multi-step Ea / Day 4,072.00$
Fogger, ULV / Thermal (electric)Ea / Day 48.00$ Vacuum, Clean Room Ea / Day 187.00$
Ozone Generator Ea / Day 151.00$ Wet Bench (portable)Ea / Day 228.00$
Smoke Machines (small)Ea / Day 121.00$ Workstation (table, chair, lights, ESD)Ea / Day 30.00$
Vapor Shark Ea / Day 48.00$
ENVIRONMENTAL
POWER Cascade Breathing Air System Ea / Day 206.00$
Electrical Distribution (Spider Box)Ea / Day 91.00$ Chemical Hose, Hazmat Ea / Day 274.00$
Generator (portable)Ea / Day 151.00$ Confined Space Entry System Ea / Day 250.00$
Decontamination Shower/Filter Ea / Day 175.00$
PUMPS Jerome Mercury Vapor Analyzer Ea / Day 306.00$
Pump, Sump / Flood Ea / Day 42.00$ Mini-Rae (PID)Ea / Day 218.00$
Pump, Trash with Hose, 2"Ea / Day 168.00$ MSA Passport (O2, LEL, CO, H2S)Ea / Day 250.00$
Personal Sample Pump Ea / Day 35.00$
DRYING/TEMP/HUMIDITY CONTROL Pump, Diaphragm 1", Hazmat Ea / Day 250.00$
Moisture Meter Ea / Day 25.00$ Pump, Diaphragm 2", Hazmat Ea / Day 374.00$
Camera, IR Ea / Day 28.00$ Self-Contained Breathing Apparatuses (SCBA-30Min)Ea / Day 175.00$
Dehumidification, Dehumidifier -100 to 140 AHAM Pints Ea / Day 165.00$ Self-Contained Breathing Apparatuses (SCBA-5Min)Ea / Day 138.00$
Dehumidification, Desiccant -500/600 cfm Ea / Day 491.00$ Trailer, Emergency Response, Hazmat Ea / Day 374.00$
Dehumidification, Desiccant -2000/2250 cfm Ea / Day 690.00$
Dehumidification, Desiccant -3500 cfm Ea / Day 1,216.00$ HVAC
Dehumidification, Desiccant -5000-6000 cfm Ea / Day 1,647.00$ HVAC, High Volume Tornado System Ea / Day 116.00$
Dehumidification, Desiccant -10000 / 12000 cfm Ea / Day 2,587.00$ HVAC, Mobile Resource Unit Ea / Day 188.00$
Dehumidification, Desiccant -15000 cfm Ea / Day 4,440.00$ HVAC, Power and Manual Hand Tools PP/Day 31.00$
Dehumidification, Desiccant -25000 cfm Ea / Day 7,027.00$ HVAC, Rotary Brush Duct Cleaning System Ea / Day 55.00$
Dehumidification/Cooling -1 Ton Spot Cooler Ea / Day 196.00$ HVAC, Service Vehicle / Trailer Combo Ea / Day 151.00$
Dehumidification/Cooling -DX Unit -20 / 30 ton Ea / Day 1,568.00$ HVAC, High CFM HEPA Vacuum Collection System Ea / Day 237.00$
Dehumidification/Cooling -DX Unit -60 / 70 Ton Ea / Day 2,471.00$ HVAC Video / Tool Robotic Inspection System Ea / Day 611.00$
Dehumidification/Cooling - Chiller 100 to 400 Ton Ton / Day 32.00$ HVAC, Viper Duct Cleaning System Ea / Day 55.00$
Dehumidification, Heater -20 KW Ea / Day 194.00$
Dehumidification, Heater -50 KW Ea / Day 432.00$ SAFETY
Dehumidification, Heater -100 KW Ea / Day 589.00$ Personal Fall Protection (PFP) PP / Day 10.00$
Dehumidification, Heater -150 KW Ea / Day 705.00$ Personal Protection Equipment (PPE)PP / Day 6.00$
Dehumidification, Heater, Indirect Fired up to 500,000btu + fuel Ea / Day 1,137.00$ Personal Respiratory Protection (PRP)PP / Day 10.00$
Heater, Electric -1500 watt Ea / Day 19.00$ Respirator, PAPR Ea / Day 100.00$
Heater, Propane/Torpedo-direct fired + fuel Ea / Day 67.00$
Electrostatic Sprayer Ea / Day 165.00$
ITEMIZED SCHEDULED EQUIPMENT 3
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents,
permits, licenses and orders incident to performance of the work.
v1-1
California Rate and Materials (Standard)Page 3 of 4 BELFOR Initial:_________ Customer Initial:_________Item 1L - 199
CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B)
Effective Date: January 2022
§ III.I
CONSUMABLE DESCRIPTION UNIT RATE CONSUMABLE DESCRIPTION UNIT RATE
BAGS ELECTRONICS / MECHANICAL
Bags, Environmental Trash Bags Ea.3.60$ BELFOR-AC 14 Alkaline Cleaner 14 Gal 41.00$
Bags, Insulation Machine (Vacuum)Ea.37.00$ BELFOR-AC 12 Alkaline Cleaner 12 Gal 56.00$
Bags, Trash (each)3 mil 1.00$ 6 mil 2.00$ BELFOR-CD 04-C Complex Deruster 04 C Gal 88.00$
CLEANING-GENERAL BELFOR-CD 13 Complex Deruster 13 Gal 139.00$
Disinfectant-Bioesque Gal 50.00$ BELFOR-EC 12 Electronics Cleaner Gal 36.00$
BELFOR-All Natural Citrus Solvent Cleaner Gal 41.00$ BELFOR-ESL Label Protection Lacquer Ounce 21.00$
BELFOR-All Purpose Cleaner Gal 13.00$ BELFOR-FC 10 Energized Cleaner Gal 999.00$
BELFOR-All Purpose Spotter Gal 28.00$ BELFOR-GC General Cleaner Gal 34.00$
BELFOR-Carpet Rinse & Neutralizer Gal 22.00$ BELFOR-HD 01 Hand Deruster 01 Gal 47.00$
BELFOR-CIF Citrofix Lemon Scent Ounce 1.20$ BELFOR-LP 40 Light Preserver 40 Gal 88.00$
BELFOR-Concentrated Odor Counteractant & Smoke Elim.Gal 37.00$ BELFOR-MPP Metal Polishing Paste Ounce 19.00$
BELFOR-Extra Duty Cleaner Degreaser Gal 21.00$ BELFOR-NC CR Neutral Cleaner CR Gal 149.00$
BELFOR-Glass Cleaner Gal 10.00$ BELFOR-NK One Step Cleaner and Preserver (electrical) Pint 15.00$
BELFOR-Hand Cleaning Wipes Tub 50.00$ BELFOR-OC24 Organic Cleaner 24 Gal 56.00$
BELFOR-Multi-Enzyme Spotter-Deodorizor-Protector Gal 37.00$ BELFOR-OC62 Organic Cleaner 62 Gal 39.00$
BELFOR-Multi-Purpose Restroom Cleaner Gal 17.00$ BELFOR-O-SW Oil Black (Elect. Contacts Only)Ounce 41.00$
BELFOR-Oil Preserver Gal 56.00$ BELFOR-PM Polish Milk Ounce 6.60$
BELFOR-Quarry & Hard Tile Cleaner Gal 21.00$ BELFOR-SD 02 Sulfide Defroster Gal 64.00$
BELFOR-Rug & Upholstery / Traffic & Bonnet Cleaner Gal 31.00$ BELFOR-WP Wax Preserver Gal 95.00$
Adhesive, Remover Can 18.00$ Nitric Acid, Ultra Pure Quart 187.00$
Alcohol, Isopropyl Gal 96.00$ Apron, Chemical Ea.6.60$
Blocks, Odor Counteractant Ea.9.00$ Arm Sleeves, Chemical Ea.4.80$
Boot Covers, Latex Per Pair 13.00$ Arsenic Test Kit Per Test 6.60$
Brush, Scrub Ea.14.00$ Bags, Anti Static Ea.4.80$
Brushes, Pipe Ea.37.00$ Brady Cards Ea.8.80$
Brushes, Wire Small 5.50$ Large 9.00$ Brush, Dispersion (Each)Small 5.50$ Large 17.00$
Cleaner, Stainless Steel Can 19.00$ Brush, Non Conduct Ea.13.00$
Disinfectant, Antimicrobial Gal 62.00$ Chloride Quick Test Strips Ea.1.50$
Fogger, Thermo Deodorizer Gal 43.00$ Cleaning / Decon Sticks Ea.1.70$
Mop Heads Ea.17.00$ Non-Conduct Scrubbers, Green (#7447)Box 34.00$
Pad, Floor Buffer Ea.15.00$ Non-Conduct Scrubbers, Maroon (#96)Box 95.00$
Pad, Foam Scrubbing Pak 63.00$ Non-Conduct Scrubbers, White (#98)Box 57.00$
Sponge, Particulate Removal (1.5"x3"x6")Ea.4.80$ Tape, Clean Room Roll 30.00$
Sponge, Particulate Removal (3/4"x3"x6") Ea.2.40$ Wipes, Lint Free Pak 43.00$
Steel wool Ea.1.30$ Wipes, Presaturated IPA/DI Pak 25.00$
Thinner, Paint/Mineral Spirits Gal 28.00$ Wipes, Standard Clean Room Pak 35.00$
Vapor Shark Membrane Ea.64.00$ Wipes, Ultra Clean Room Pak 75.00$
Wipes, Cotton Cloth/Workshop Rags Lb.6.60$
Wipes, Wipe All Pak 15.00$ ENVIRONMENTAL
Asbestos Glove Bag Ea.41.00$
CONTENTS/PACK-OUT/STORAGE Breathing Air, Type K Bottle Ea.67.00$
BELFOR-Fabric Protector Gal 48.00$ Cartridge, MSA Combination Ea.20.00$
BELFOR-Lemon Oil Furniture Polish Gal 6.60$ Protective Suits (Acid)Ea.102.00$
BELFOR-Liquid Laundry Detergent Gal 21.00$ Protective Suits (Level A, fully encapsulating)Ea.1,901.00$
BELFOR-Premium Dish Detergent Quart 7.70$ Protective Suits (PolyPro Asbestos)Ea.10.00$
Boxes, Book Ea.6.60$ Protective Suits (Saranex Chemical)Ea.37.00$
Boxes, Dish Pack Ea.7.70$ Sorbent Boom Ea.81.00$
Boxes, Slip Covers Ea.3.60$ Sorbent Pad Ea. 11.50$ Bale 122.00$
Boxes, Wardrobe/Specialty Ea.43.00$ Sorbent Pillows Ea.31.00$
Cloths, Masslinn Ea.1.70$ DRUMS 15g 30g 55g
Foam Blocks Ea.1.70$ Drum, Poly Closed Top Ea.51.00$ 60.00$ 85.00$
Inventory Tags Ea.1.70$ Drum, Poly Open Top Ea.55.00$ 65.00$ 92.00$
Tape, Poly Box Roll 3.60$ Drum, Steel Closed Top Ea.40.00$ 48.00$ 67.00$
Wrap, Bubble/Anti Static Roll 102.00$ Drum, Steel Open Top Ea.44.00$ 57.00$ 81.00$
Wrap, Stretch Roll 72.00$ Drum, Steel Salvage, 85 Gallon Ea.185.00$
Drum, Poly Overpack, 95 Gallon Ea.283.00$
FILTERS Drum, Steel Overpack, 110 Gallon Ea.555.00$
Filter, Charcoal (Carbon Activated)Ea.79.00$
Filter, HEPA Ea.279.00$ HVAC
Filter, Pleated Ea.25.00$ HVAC Air Blast Nozzle, Replacement Ea.61.00$
Filter, Poly (Secondary) Ea.8.80$ HVAC Air Whip, Multi Head, Replacement Ea.79.00$
HVAC BBJ Freshduct / Microbiocide 15oz 61.00$
SHEETING/PLASTIC/FLOOR PROTECTION HVAC Cleaner Degreaser Gal 21.00$
Duct, Lay Flat (500') with hog rings Roll 565.00$ HVAC Closed Cell Foam Insulation Tape 1/8"x2"x30'Roll 30.00$
Plastic Sheeting, 1.5 mil (24 x 200)Roll 53.00$ HVAC Coil Cleaner Gal 58.00$
Plastic Sheeting, 3 mil (20 x 100) Roll 66.00$ HVAC Collection Machine Filters (Pleated & Bag)Ea.70.00$
Plastic Sheeting, 6 mil (20 x 100)Roll 99.00$ HVAC Collection Machine HEPA Filter Ea.411.00$
Plastic Sheeting, 6 mil-Fire Retardant / Anti Static (20 x 100)Roll 386.00$ HVAC Duct Liner 1" - 3'x100'Roll 484.00$
Plastic Sheeting, 6 mil-Fire Retardant-Black (20 x 100)Roll 479.00$ HVAC Duct Mastic Gal 35.00$
Plastic Sheeting, Carpet Protector Roll 99.00$ HVAC Encapsulant, Antimicrobial (Foster)Gal 99.00$
Ram Board, (38" X 100')Roll 185.00$ HVAC Fiberlock Gal 87.00$
Red Rosin Paper (200 ft. roll)Roll 30.00$ HVAC HEPA Vac Collection Bag & Filter Protector Ea.12.00$
Scrim-Fire Rated (60'x100')Roll 2,988.00$ HVAC HEPA Vac Filters (Dacron Filter Bag & Impaction)Ea.73.00$
Sticky Mat (26"x32")Ea.108.00$ HVAC HEPA Vac HEPA Filter Ea.345.00$
HVAC Propane Fill Charge Cylinder 55.00$
SHRINK WRAP HVAC Rotary Brush Head, Replacement Ea.139.00$
Strapping, Woven HD LF 0.15$ HVAC Rotary Brush System, Replacement Core Ea.48.00$
Tape, Heat Shrink 2"Roll 20.00$ HVAC Sheetmetal Blank Ea.21.00$
Tape, Heat Shrink 4"Roll 40.00$ HVAC Sheetmetal Screw Box 100 26.00$
Tape, Heat Shrink 6"Roll 59.00$ HVAC Spray Adhesive Can 29.00$
Wrap, Shrink, 7 mil (45' x 145")Roll 987.00$ HVAC Unibit Ea.99.00$
Wrap, Shrink, 12 mil (32' x 180")Roll 1,834.00$ HVAC Vacuum Brush Head - Replacement Ea.29.00$
TAPE/ADHESIVE SAFETY
Adhesive, Spray Can 9.00$ Boots, Chemical PVC Per Pair 55.00$
Tape, 2-way (2" x 60')Roll 36.00$ Dust Mask Ea.2.40$
Tape, Barricade-Banner Guard (Caution, Danger, etc…)Roll 34.00$ Gloves, Cotton (includes liners)Per Pair 2.80$
Tape, Duct (2"x 60')Roll 9.00$ Gloves, Latex (Surgical)Box 100 50.00$
Tape, Global Roll 30.00$ Gloves, Leather Per Pair 9.90$
Tape, Painters-blue/red Roll 10.00$ Gloves, Nitrile Per Pair 9.40$
Gloves, Nylon Inspection Per Pair 0.60$
MISC Protective Suits (Tyvek)Ea.33.00$
Disposable Decontamination Unit Ea.504.00$ Respirator, N95 Ea.13.00$
Encapsulant, Antifungicidal Gal 99.00$ Respirator, P100 Ea.13.00$
Encapsulant, Antimicrobial (Zinsser)Gal 91.00$ Respirator, HEPA + Particulate Replacement Filter Ea.44.00$
Encapsulant, Soot Gal 53.00$ Respirator, HEPA Replacement Pancake Filter Ea.10.00$
Fasteners, Misc / Lock & Hasp Ea.36.00$
Floor Dry (40#)Bag 19.00$
Lock Box Ea.55.00$
Soda, Soda Blaster Material Bag 43.00$
Zipper (containment)Ea.14.00$
ITEMIZED SCHEDULED CONSUMABLES 3
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the
costs associated with any applicable federal, state or local approvals, consents, permits, licenses and
orders incident to performance of the work.
v1-1
California Rate and Materials (Standard)Page 4 of 4 BELFOR Initial:_________ Customer Initial:_________
Item 1L - 200
Jeff Gildner
GENERAL MANAGER
Jeff Gildner began his career at BELFOR in 2013, serving as both a Project Manager and a Senior Estimator.
He was promoted in 2019 to General Manager of the BELFOR Riverside office. He brings over 30 years of
experience within the restoration and construction industry. During this time, he has provided operations
and sales support and middle and upper management for a variety of restoration projects. This wealth of
experience allows Jeff to approach high pressure scenarios with a cool head and strive for a quick
resolution through communication and leadership skills.
LICENSES AND CERTIFICATIONS
»IICRC WRT
»IICRC AMRT
»Asbestos Building Inspector
»ASHE (American Society of Healthcare Engineers)
»HIC (Hospital Construction)
»Insurance Subrogation 1 and 2
»OSHA - 10 Hour
NOTABLE PROJECT EXPERIENCE
»Desert Regional Medical Center – Water damage from a 4-inch water supply caused extensive damage
on five floors, 78 patient rooms, 16 corridors, 16 ICU rooms, and the basement. Jeff performed the
estimating, project management, and daily operations of the project. He also supervised the removal and
replacement of the affected wet building materials in 31 days. He and his team dedicated 24 hours a day,
seven days a week, until the project was completed.
AREA-WIDE CATASTROPHE EXPERIENCE
»Hurricane Iniki - Kauai, HI
»Hurricane Mitch - Puerto Rico
»Northridge Earthquake - Los Angeles, CA
Item 1L - 201
Cindy Helmstead
ACCOUNT MANAGER
Cindy Helmstead has been the Account Manager for the Southern California area since 2018, and she
has over 30 years of experience in the restoration and construction industry. As an Account Manager
for BELFOR, she is responsible for consulting with her clients on their emergency response plans to
ensure that no legal, insurance, or logistical issues will delay immediate response and mitigation efforts.
Cindy has been an integral part of searching for and winning multiple city, county, and municipal RFP
contracts for the Riverside and San Bernardino region. She maintains excellent support and
communication between our customers and our BELFOR Teams. She also began utilizing her years of
experience in the Sales and Marketing arena to train new BELFOR Employees and has been tapped to
be the Western Region Corporate Sales Trainer.
Prior to working with BELFOR, Cindy worked in account management and sales for other restoration
companies in the area, including American Technologies, Inc., Total Contentz, and Willamette Valley
Restoration. Throughout her career, she has gained training and expertise in all areas of the industry.
EDUCATION
»Cindy has attended numerous education seminars and training in marketing as well as content
restoration. Additionally, she received her principal real estate broker’s license as well as a notary public
license.
Item 1L - 202
Eduardo “Lalo” Almeida
PROJECT MANAGER
Lalo began his career at BELFOR in 2008 and has served as a Project Manager. Prior to
joining BELFOR, Lalo was an Operations Manager for eight years. With over 20 years of
experience in the restoration and construction industry, he has successfully managed a variety
of large loss projects from initial assessment to the final restoration.
LICENSES AND CERTIFICATIONS
» Fire and Smoke Restoration
» Water Damage Restoration
» HCC (Health Care Construction Certificate)
NOTABLE PROJECT EXPERIENCE
» Monte Carlo Casino, Las Vegas, NV - Water Loss Restoration
» Paramount Theater, City of Cedar Rapids, IA
» Getty Museum, Los Angeles, CA - Cleaning of an ancient collection
AREA-WIDE CATASTROPHE EXPERIENCE
» Chilean Earthquake in 2010
» Super Storm Sandy in 2012
» Iowa Flood in 2008
Item 1L - 203
Mike Magnone
PROJECT SUPERVISOR / MANAGER
Mike Magnone began his career at BELFOR in 2011, serving as a Project Manager as well as an Estimator
before moving to his current position as Project Manager / Supervisor. Prior to joining BELFOR, Mike worked
as a Project Supervisor for a concrete company and executed several contracts for 3M. He also worked as a
Project Supervisor for a structural steel fabricator and erector for large hospitals and medical complexes.
Mike’s impressive 40 years of experience in construction and restoration is evident in his superior project
planning, permit processing, and customer communication skills.
NOTABLE PROJECT EXPERIENCE
» Meadow Bay, Lake Arrowhead Multi-family ground up project – Responsible for the planning process and
all permit application processes.
» Fire Restoration of Single Family Dwellings
» Multi-story Steel Fabrication and Erection
Item 1L - 204
Suraj Lutchmansingh
SENIOR ESTIMATOR
Suraj Lutchmansingh is a Senior Estimator and has worked with BELFOR for five years. With 24 years of
experience in the restoration industry he is highly skilled in a number of different remediation and restoration
techniques. Suraj also understands the importance of delivering consistent positive client communications,
having owned his restoration company for 16 years.
His extensive experience includes a recent challenging remediation project that he estimated and performed
for Riverside University Health System. Suraj’s experience encompasses all aspects of what we do at
BELFOR, including restoration at hotels, multifamily residences, and mold remediation projects.
LICENSES AND CERTIFICATIONS
»Fire and Smoke Restoration
»Water Damage Restoration
»Odor Remediation
»Licensed General Contractor
NOTABLE PROJECT EXPERIENCE
»Riverside University Health System
AREA-WIDE CATASTROPHE EXPERIENCE
»Hurricane Katrina
Item 1L - 205
Michael Todd
ESTIMATOR
Michael has been with BELFOR for one year but brings over 25 years of experience in the restoration and
construction industry. Being self-employed for 25 years, Michael brings leadership and extensive knowledge
to his role as Estimator. As owner of his own company, Michael was responsible for acquiring work,
scheduling, hiring and training employees. He focused on meeting and exceeding customer satisfaction as a
key measurement in growing his company.
Michael has over 40 years of hands-on experience in many aspects of construction, driving his attention to
detail and also the big-picture view required of successful Estimators.
» Accountable for estimating, managing contracts, budget management and project management of single
family home construction. Highly skilled in initiating daily communication with the Construction Superintendent
to drive scheduling of crews and change orders to complete jobs on time and on budget.
NOTABLE PROJECT EXPERIENCE
Item 1L - 206
Justin Howard
ESTIMATOR
Justin has been with BELFOR for two years but brings over 14 years of experience in the restoration and
construction industry. He has worked for other such companies in a variety of capacities, including: Technician,
Crew Chief, Mitigation Project Manager, Mitigation Estimator, and Reconstruction Estimator/Project Manager.
Justin’s well-rounded experience enables him to understand the details of each project and communicate
those to the customer clearly. In addition, Justin is also cross trained in all aspects of Mitigation and
Remediation, further enriching his role as Estimator.
LICENSES AND CERTIFICATIONS
»IICRC WRT
» Lead safe certified
» INTERNACHI certified
AREA-WIDE CATASTROPHE EXPERIENCE
» Hurricane Ike 2008
Item 1L - 207
CITY OF PALM DESERT
MAINTENANCE SERVICES AGREEMENT
1.PARTIES AND DATE.
This Agreement is made and entered into this 12TH day of JANUARY, 2023 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”) BELFOR USA GROUP, a
CORPORATION, with its principal place of business at 3443 DURAHART AVENUE,
RIVERSIDE, CALIFORNIA 92507 (“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
and in the task order(s) to be issued pursuant to this Agreement and executed by the City and
Contractor (“Task Order”).. 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 FACILITIES REPAIRS
AND IMPROVEMENTS PROJECT (“Project”) as set forth in this Agreement on an on-call, as-
needed basis. There is no guarantee of any of work under this Agreement other than what is
specified herein or that the not-to-exceed compensation amount set forth herein will be spent.
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 and in the individual Task Orders issued by the City. No
Services shall be performed unless authorized by this Agreement and by a fully executed Task
Order in the form attached hereto as Exhibit “B”. All Services shall be subject to, and performed
in accordance with, this Agreement, any relevant Task Order, 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 JANUARY 12,
2023 to JUNE 30, 2025, 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
TWO additional one-year terms. Contractor shall complete the Services within the term of this
Agreement, and shall meet any other established schedules and deadlines set forth in each
Item 1L - 208
individual Task Order issued by the City. The Parties may, by mutual, written consent, extend
the term of this Agreement if necessary to complete the Services.
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 each Task
Order 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 RANDY
CHAVEZ, COMMUNITY SERVICES MANAGER, 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 CINDY
HELMSTEAD, ACCOUNT MANAGER, 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,
Item 1L - 209
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,
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, and shall meet
any other established schedules and deadlines set forth in the Task Order(s) (“Performance
Time”). Contractor shall perform the Services in strict accordance with any completion schedule
or Project milestones described in this Agreement or any Task Order(s), or which may be provided
separately in writing to the Contractor.
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
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.
Item 1L - 210
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.
(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
Item 1L - 211
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.
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
Item 1L - 212
(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
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.
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(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
judgment may be necessary for its proper protection and prosecution of the work.
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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
these requirements, the insurer will be considered qualified if it is in conformance with
Item 1L - 215
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 directly 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)
days after being notified in writing by the City of any defect in the Services or non-conformance
Item 1L - 216
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 maximum compensation
for Services to be provided pursuant to each Task Order shall be set forth in the relevant Task
Order. The total compensation, in the aggregate, shall not exceed SEVEN HUNDRED FIFTY
THOUSAND DOLLARS ($750,000) per fiscal year 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. 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,
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.
Item 1L - 217
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
liability arising out of stop orders issued by the Department of Industrial Relations against
Contractor or any subcontractor.
Item 1L - 218
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:
BELFOR USA GROUP
3443 DURAHART AVENUE
RIVERSIDE, CA 92507
Attn: Cindy Helmstead, Account Manager
City:
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Attn: Randy Chavez, Community Services Manager
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.
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
Item 1L - 219
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 this Agreement or any Task Order, 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.
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,
Item 1L - 220
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.
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.
Item 1L - 221
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.
3.5.18 Reserved.
[SIGNATURES ON NEXT PAGE]
Item 1L - 222
SIGNATURE PAGE TO MAINTENANCE SERVICES AGREEMENT
BY AND BETWEEN THE CITY OF PALM DESERT
AND BELFOR USA GROUP
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
BELFOR USA GROUP
By:
Its:
CONTROLLER_________________________
Printed Name:
Paul Suchowski _____________________
By:
Its:
GENERAL COUNSEL ___________________
Printed Name:
Rachel Manos _____________________
_______________
James Claborn
Attorney
____________________________________
Contractor’s License Number and
Classification
____________________________________
DIR Registration Number (if applicable)
Item 1L - 223
EXHIBIT “A”
SCOPE OF SERVICES
PALM DESERT FACILITIES IMPROVEMENT PROJECT
SCOPE OF SERVICES
1. SCOPE OF WORK
The work to be done consists of furnishing all labor, incidental materials, equipment,
necessary tools and machinery, supervision, all utility and transportation services, and
incidentals required for the Facilities Improvement project in accordance with the
Specifications.
This contract provides for the regular evaluation and maintenance project services for
the City owned or operated facilities listed below.
2. LOCATION OF WORK
• City Hall Building, 73-510 Fred Waring Drive
• Community Center (Henderson), 72559 Highway 111
• Corporation Yard, 74705 42nd Avenue
• Portola Community Center, 45480 Portola Avenue
• Palm Desert Sheriff Substation, 73520 Fred Waring Drive
• Parkview Office Complex, 73710 Fred Waring Drive
• State Building, 73-720 Fred Waring Drive
• iHUB, 37023 Cook Street, Suite 102
• Fire stations
o Fire Station No. 33, 44400 Towne Center Way
o Fire Station No. 67, 73200 Mesa View Drive
o Fire Station No. 71, 73995 Country Club Drive
• Aquatic Center, 73751 Magnesia Falls Drive
• Parks buildings
o Cahuilla Hills Park, 45825 Edgehill Drive
o Cap Homme / Ralph Adams Park, 72-500 Thrush Rd
o Civic Center Park, 43900 San Pablo Ave
o Freedom Park, 77400 Country Club Dr
o Hovley Soccer Park, 74735 Hovley Lane
o Ironwood Park, 47800 Chia Drive
o Joe Mann Park, 77810 California Drive
o Magnesia Falls City Park, 74200 Rutledge Way
o Palma Village Park, 44550 San Carlos Ave
o University Park East, 74902 University Park Drive
o University Dog Park, 74802 University Park Drive
o Washington Charter School Park, 45768 Portola Avenue
The Contractor will furnish all labor, materials, renderings, equipment, tools, removal,
installation, coordination, permits, supervision, utility and transportation services, and
incidentals (including tax) as necessary. Each of these facilities has unique
Item 1L - 224
maintenance needs that will be met through this contract. All facility maintenance and
improvement projects will be conducted in a manner that provides for the adequate and
safe use of the facility and continues the City’s prominence as a world-class municipality
for the enjoyment of the community.
3. GENERAL SERVICES TO BE PERFORMED
Contractor shall provide the necessary equipment and labor to perform maintenance
projects on an as-requested basis for the City. Facilities maintenance requests will be
based on contractor assessments in coordination with City staff.
3.1 Contractor will visit the above listed Palm Desert facilities a minimum of once per
quarter on a rotating basis or based on priority designated by City staff. The purpose
of the site visits is to perform inspections and assessments, provide recommendations,
and develop long-term plans for facility upkeep. A written report will be developed by
the Contractor after each site visit and submitted to City staff within two weeks of the
site visit. Minimum requirements for the report include:
• Site locations visited and address
• Contractor representative and contact information
• Date and time of visit
• Prioritized list of areas recommended for maintenance projects
• Descriptions of maintenance projects
• Estimated cost to complete each maintenance project
• Photos
3.2 The contractor will provide technicians capable of working on a variety of facility
elements, including but not limited to:
• Framing
• Drywall
• Painting
• Concrete
• Carpentry
• Audio/Visual & Security
• Welding
• Flooring
• Fixtures
• Plumbing
3.3 In addition to scheduled quarterly site visits, Contractor will participate in one (1)
meeting annually for the duration of the contract with City staff to review short-term
and long-term maintenance need projections and life expectancies of facility
furnishings. This will allow the City to accurately budget and plan for anticipated
maintenance needs, facility repairs and upgrades.
3.4 Contractor shall provide appropriate equipment and labor for the execution of all
maintenance and repair activities. City of Palm Desert reserves the right to inspect
and/or approve any equipment used in this contract. If City of Palm Desert deems the
equipment to be in disrepair or inappropriate to the task at hand, City of Palm Desert
may require that the equipment be removed from the job site and replaced with a
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different piece of equipment.
3.5 Contractor shall provide personnel fully trained in all phases of facility maintenance.
Contractor shall provide personnel capable of effective verbal and written
communication with City of Palm Desert representatives. If City of Palm Desert deems
personnel to be inadequate to accomplish the task at hand, City of Palm Desert may
require that the personnel be removed from the job site and replaced with personnel
demonstrating the appropriate level of job knowledge, skills, and verbal
communication to effectively accomplish the work.
3.6 Prior to commencement of the contract, designated City of Palm Desert
representative(s) and the Contractor will perform a mandatory acceptance walk-
through inspection of the contract area.
3.7 All new equipment installations provided by the Contractor will include a one-year
warranty or better.
3.8 Contractor shall remove debris caused by all maintenance activities on the same
working day that such debris is accumulated, unless otherwise agreed upon by the
Contractor and City staff in advance.
3.9 Contractor is required to protect from damage as necessary, existing equipment that
is not part of the maintenance services. Contractor will be responsible to replace or
repair any equipment damaged by contractor, not related to the service, at Contractor’s
expense and include a one-year warranty or better.
3.10 Contractor is responsible for cordoning off public areas during their course of work as
to protect the public from harm. Contractor is to supply all safety equipment as needed
to perform the scope of work, including but not limited to: signage, cones, partitions,
plywood covers, etc.
3.11 Pursuant to Section 7028.15 of the Business and Professions Code and Section 3300
of the Public Contract Code, all proposers must possess proper licenses for
performance of the Contract. Subcontractors must possess the appropriate licenses
for each specialty subcontracted. Pursuant to Section 7028.5 of the Business and
Professions Code, the City shall consider any proposal submitted by a contractor not
currently licensed in accordance with state law and pursuant to the requirements found
in the Contract Documents to be nonresponsive, and the City shall reject the proposal.
The City shall have the right to request, and the proposers shall provide within five (5)
calendar days, evidence satisfactory to the City of all valid license(s) currently held by
that proposer and each of the proposer’s subcontractors before awarding the Contract.
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4. MAINTENANCE PROJECTS
Maintenance projects will be determined based on the prioritized lists developed
through the quarterly facility inspections. City of Palm Desert staff will inform the
contractor when a maintenance project may be initiated.
4.1 No work will be initiated without an approved City of Palm Desert Work Order.
4.2 City of Palm Desert staff will hold a meeting with the Contractor to finalize the scope
and cost of the project.
4.3 The Contractor will provide an estimated timeline for project milestones and
completion.
5. PAYMENT
Maintenance service and materials not described in this scope of work will be needed
periodically to satisfactorily maintain the City facilities. On such occasions, the following
criteria will be followed:
5.1 All work shall be approved in writing on a City-issued extra work form by the Director
of Public Works, or his designee, prior to ordering or commencing activities.
5.2 Contractor’s failure to obtain prior written authorization to order parts or to perform
work shall constitute the City’s denial of payment for said work and parts. Upon
Contractor’s submission of requests for work and/or parts the City reserves the right
to reject quotations on each item, separately or as a whole.
5.3 State and local taxes as applicable, shipping/handling/freight on board charges,
applied discounts, and labor estimates shall be shown separately. All materials will
be paid at cost plus an allowable 15% markup. Labor will be paid based on the
approved Price Sheet. Receipts are required to be submitted with approved
invoice(s). Estimated dates for delivery and installation shall be noted.
5.4 In addition to the rates listed on the Price Sheet, Contractor shall submit a list
of services provided and costs not listed in the Scope of Services or Price
Sheets. The City may negotiate costs, if needed, prior to approval of the
Agreement.
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EXHIBIT “B”
SAMPLE TASK ORDER FORM
Task Order No. ______
Agreement: MAINTENANCE SERVICES AGREEMENT
Contractor: BELFOR USA GROUP
The Contractor is hereby authorized to perform the following work subject to the provisions
of the Agreement identified above:
List any attachments:
Dollar Amount of Task Order: Not to exceed $_____,_____.00
Completion Date: ____________, 20___
The undersigned Contractor hereby agrees that it will provide all equipment, furnish all materials,
except as may be otherwise noted above, and perform all work specified above in accordance with
the Agreement identified above and will accept as full payment therefore the amount shown above.
CITY OF PALM DESERT BELFOR USA GROUP
Dated: Dated:
By: By:
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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, to be consistent with Contractor’s
then current rate and material schedule.
The maximum compensation for Services to be provided pursuant to each Task
Order shall be set forth in the relevant Task Order. The total compensation, in the aggregate, shall
not exceed SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) without written
approval of the City Council or City Manager, as applicable.
Pricing schedule is as follows:
[SEE ATTACHED PROPOSAL FEE SCHEDULE]
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EXHIBIT “D”
SPECIAL PROVISIONS
1. PRE-COMMENCEMENT CONFERENCE
A pre-commencement conference shall be conducted at the Palm Desert City Hall, 73 510 Fred
Waring Drive, Palm Desert, California, 92260 prior to the start of work. The area manager or
superintendent assigned by the Contractor for this project shall be present at the Pre-
commencement Meeting. The Contractor shall prepare a tentative maintenance schedule for
submission and review at the pre-commencement meeting. The discussion shall include but not
be limited to: project supervision; progress schedules and reports; payments to Contractor; safety;
and other anticipated issues pertinent to the contract.
At this conference, the Contractor shall designate, in writing, a representative who shall have
authority to act for the Contractor. An alternate representative may be designated. The
representative or alternate shall be available whenever work is in progress or whenever actions
of the elements necessitate its presence to take measures necessary to protect the project,
persons, or property. Any order or communication given to this representative shall be deemed
delivered to the Contractor.
Those attending the meeting shall include, but not be limited to the following:
1. Contractor
2. City of Palm Desert Deputy Director of Public Works
3. City of Palm Desert Project Manager
4. City of Palm Desert Public Works Staff
5. Pertinent Subcontractor(s)
2. PUBLIC CONVENIENCE
The Contractor shall conduct operations as to offer the least possible obstruction and
inconvenience to the public and shall have under active maintenance no greater length or amount
of work then can be prosecuted properly with due regard to the rights of the public. Contractor
must obey Housing directives.
Paths of travel must be maintained free of obstructions and hazardous conditions when contractor
is off site. To the extent any portion of the work requires obstructing pedestrian paths of travel,
the work area shall be secured and cordoned off to prevent use of equipment. Where Contractor’s
operations may create hazardous conditions to pedestrian paths of travel, appropriate signing
and barricades shall be installed to safely route pedestrians around the impacted area.
3. HOURS OF WORK
Unless otherwise approved by City of Palm Desert, Contractor shall not work outside the
established hours of operation under this contract:
May 1 through September 30
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• Weekdays (MTWTF): 5:30 AM to 7:00 PM
• Weekends (Saturday): *8:00 AM to 5:00 PM
• Weekends (Sunday): No Work
• Government Code Holidays: No Work
October 1 through April 30
• Weekdays (MTWTF): 7:00 AM to 5:30 PM
• Weekends (Saturday): *8:00 AM to 5:00 PM
• Weekends (Sunday): No Work
• Government Code Holidays: No Work
*Work is permitted on Saturdays only with prior approval by City of Palm Desert or its agent.
Work is not permitted on Sundays and during City of Palm Desert holidays.
Failure to observe these work hours may result in a citation being issued to the offenders by the
police department. (Emergency work directed by City of Palm Desert is not held to these
restrictions.)
4. UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by
UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with
the precise locations of their substructures in the construction area when the Contractor gives at
least 48-hours’ notice to the Underground Service Alert by calling 1-800-227-2600. The location
and existence of utilities and improvements shown on the plans are approximate and taken from
available records. The Contractor shall verify the location of existing improvements and shall take
all precautions to protect them whether shown or not.
5. USE OF AND PROTECTION OF PREMISES AND REMOVAL OF DEBRIS
The Contractor shall be responsible for all damages to persons or property that occurs as a result
of the work. Contractor shall be responsible for the proper care and protection of all materials
delivered and work performed until completion and final acceptance by the City of Palm Desert.
All work shall be solely at the Contractor’s risk. Contractor shall adequately protect adjacent
property from settlement or loss of lateral support as necessary. Contractor shall comply with all
applicable safety laws and building codes to prevent accidents or injury to persons on, about, or
adjacent to the Project site where work is being performed. Contractor shall erect and properly
always maintain, as required by field conditions and progress of work, all necessary safeguards,
signs, barriers, lights, and watchmen for protection of workers and the public, and shall post
danger signs warning against hazards created in the course of construction.
Contractor shall remove at its own expense all rubbish and waste materials resulting from its
operations, including material that is replaced, packaging material, and other debris generated. If
on private property, Contractor must obtain permission from the property owner prior to removing
debris. All debris must be removed before the end of the day unless otherwise directed by City of
Palm Desert or City of Palm Desert’s agent.
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6. CHANGES IN THE WORK
Contractor shall make no changes in the work without written direction from City of Palm Desert.
Contractor shall not be compensated for any change made without City of Palm Desert’s written
direction. No changes in the work covered by this Agreement shall exonerate any surety or any
bond given in connection with this Agreement. All such changes in the work authorized by change
order shall be performed under the applicable conditions of the Contract Documents. Contractor
must give written notice of a proposed change order required for compliance with the Contract
Documents within seven (7) days of discovery of the facts giving rise to the proposed change
order.
7. CLAIMS
The Contractor will indemnify and save the City of Palm Desert, City and their agents harmless
from all claims growing out of the lawful demand of Subcontractors, laborers, workmen,
mechanics, material supplier, and furnishers of machinery and parts thereof, equipment tools,
and supplies, incurred in the furtherance of the performance of the work. The Contractor shall, at
the City of Palm Desert's request, furnish satisfactory evidence that all obligations of the nature
designated above have been paid, discharged, or waived. If the Contractor fails to do so the City
of Palm Desert may, after having notified the Contractor, either pay unpaid bills or withhold from
the Contractor's unpaid compensation a sum of money deemed reasonable and sufficient to pay
any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged whereupon payment to the Contractor shall be resumed, in accordance with the
terms of the Contract Documents, but in no event shall the provisions of this sentence be
constructed to impose any obligations upon the City of Palm Desert to either the Contractor his
Surety, or any third party. In paying any unpaid bills of the Contractor, any payment so made by
the City of Palm Desert shall be considered as a payment made under the Contract Documents
by the City of Palm Desert to the Contractor and the City of Palm Desert shall not be liable to the
Contractor for any such payment made in good faith.
8. DISPUTE RESOLUTION
Notwithstanding any other provision herein, provisions and procedures in this Section, claims of
$375,000 or less shall be resolved pursuant to the procedures set forth in California Public
Contract Code §§ 20104, et seq. Contractor shall comply with the claim procedures set forth in
Government Code section 900 et seq. prior to filing any lawsuit against the City of Palm Desert.
If no such Government Code claim is submitted, or if the prerequisite contractual requirements
are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and
maintaining a lawsuit against the City of Palm Desert.
9. PROJECT SAFETY
The Contractor shall take all responsible precautions for the safety of, and shall provide all
reasonable protection to prevent damage, injury or loss to:
1. All employees on the project and all other persons who may be affected thereby;
2. All the work and all materials and equipment to be incorporated therein, whether in storage
on or off the site, under the care, custody or control of the Contractor or any of his
Subcontractor or Sub-Subcontractors;
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3. Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction; and
4. Vehicular and pedestrian traffic on or near the project site. This requirement shall apply
continuously and not be limited to normal working hours.
The Contractor is responsible to design, construct and maintain all safety devices as required by
law or manufacturer. The Contractor shall give all notices and comply with all applicable laws,
ordinances, rules, regulations and lawful orders of any public City of Palm Desert bearing on the
safety of persons or property or their protection from damage, injury or loss. Neither the City of
Palm Desert nor the City of Palm Desert’s Representative shall enforce safety measures or
regulations. The contractor must submit a comprehensive written safety program covering all
aspects of onsite and applicable offsite operations and activities associated with the contract.
The Contractor shall erect and maintain, as required by existing conditions and progress of the
work, all reasonable safeguards for safety and protection, including posting signs and other
warnings against hazards, promulgating safety regulations and notifying park users that repairs
are being made. The Contractor shall use proper safety signing and barricading as defined by
ASTM 1487 and best practices
The Contractor shall use such foresight and shall take such steps and precautions as operations
make necessary to protect the public from danger or damage, or loss of life or property, which
would result from the interruption or contamination of public water supply, irrigation or other public
service or from the failure of partly completed work.
The Contractor shall take all necessary precautions to protect the public from the hazards of open
excavations, and other worksite hazards. Repairs shall either be covered or adequately fenced at
night and on weekends or whenever operations are not in actual progress.
High visibility clothing shall be worn at all times when working on the project. It is the Contractor's
responsibility to ensure that this requirement is enforced.
Contractor shall ensure that all working personnel are identified by a work uniform that, at a
minimum, consists of a shirt that identifies the company. All work vehicles used on the project
shall also be identified, at a minimum, with the company name adequately displayed on the
vehicles.
All safety devices and all guards for equipment shall be in place and in proper working order
during equipment use. No safety device or guards shall be removed, modified or altered in any
way, except in strict accordance with the manufacturer’s recommendation.
In case of an emergency, which threatens loss or injury to property or life, Contractor shall act
without previous instructions as the situation may warrant. Contractor shall notify Project Manager
immediately thereafter. Any compensation for emergency work claimed by Contractor, together
with substantiating documentation, shall be submitted to City of Palm Desert.
Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the
Contractor has not taken sufficient precaution for the safety of the public or the protection of
utilities or of adjacent structures or property or if immediate action shall be considered necessary
in order to protect public or private personnel or property interest, or prevent likely loss of human
Item 1L - 233
life or damage on account of the operations under the contract, then and in that event, the City of
Palm Desert may provide suitable protection to said interest by causing such work to be performed
and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable
and necessary. The cost and expense of said labor and material together with the cost and
expense of such repairs as may be deemed necessary shall be borne by the Contractor. If he
shall not pay said cost and expense upon presentation of the bills therefor, duly certified by the
Project Manager, then said costs and expense will be paid by the City of Palm Desert and shall
thereafter be deducted from any amounts due, or which may become due said Contractor. Failure
of the City of Palm Desert to take such precautionary measure shall not relieve the Contractor of
his full responsibility for public safety.
10. WORK AREA APPEARANCE
The Contractor shall maintain the work area in a neat and orderly fashion. When practical, debris
developed during maintenance operations shall be disposed of concurrently with its removal. If
stockpiling is necessary, the material shall be removed or disposed of daily. No tarps shall be left
unattended in parking areas without express permission from the City of Palm Desert. No tarps
shall be permitted in any area overnight.
11. CLEANUP AND RESTORATION OF SURFACES
The Contractor shall, as directed by the Project Manager, remove from all public and private
property, at its own expense, all temporary structures, rubbish and waste materials resulting from
its operations. This includes temporary work area(s) obtained by the Contractor.
All existing surfaces, whether asphaltic or concrete, Portland Cement concrete, permanent
fencing and barriers, landscape material such as turf, trees, shrubs, gravel, etc., or other, shall,
after operations, be restored to a condition at least equal to that which existed prior to landscape
maintenance activity. All restoration shall be in-kind. Restoration shall include, but not be limited
to, the replacement of landscape planting and irrigation system, and pavement striping which are
disturbed by the Contractor’s operations in the course of work.
12. RECYCLING SPECIFICATIONS
Contractor shall segregate the following materials generated by this job and shall haul, or have
the material hauled, to recycling, composting or other properly permitted and County-licensed,
diversion facilities: Dirt; Sod; Grass; Wood; Concrete (with and without rebar); masonry;
landscape irrigation piping and fittings; asphalt; gravel and rock.
Contractor shall submit weight tickets to the City of Palm Desert on a monthly basis showing the
quantity (tons) delivered to each diversion facility. Contractor shall also submit to City of Palm
Desert, on a monthly basis, all weight tickets showing the tons of all non-divertible material that
have been delivered to landfill.
Contractor shall include the costs for the diversion of the above-listed materials in its bid for the
job. All other debris generated that is beyond the scope of normal and routine maintenance shall
be paid as an extra. Contractors are responsible for doing their own research in contacting the
recycling, composting and other processing and diversion facilities to confirm the tipping fees for
the various types of materials. Contractor may utilize any recyclers or processors provided that
Contractor submits written evidence that said facilities are operating in compliance with all state,
Item 1L - 234
federal and local laws. Contractor is liable and responsible for any illegal dumping activities for
any and all materials generated at the job site.
Contractor shall remove all green waste generated from maintenance operations on a daily basis.
No green waste will be allowed to remain on site after work hours. Disposal of green waste shall
not be allowed in any City of Palm Desert trash can, bin or other City of Palm Desert facility (i.e.
corporation yard or satellite yards), or in any park refuse container unless other arrangements
have been authorized by City of Palm Desert. Contractor shall recycle all green waste removed
from City of Palm Desert landscaped areas at a County-licensed facility. If any compost is used
in the execution of the landscape maintenance contract, it must be from a facility that receives
and composts City or City of Palm Desert green waste. Said products shall be approved by the
Project Manager or his designee before use. Contractor shall submit verification of green waste
disposal in the Green Waste Monthly Report.
13. PERMITS AND LICENSES
a. Permits: Contractor, and any subcontractors shall obtain permits for all work within the
City, City of Palm Desert, and State public right-of-way, and the project area and will
maintain proper safety and regulatory signs for such work.
b. Licenses: Contractor shall obtain and pay all costs incurred for licenses necessitated by
his operations. Prior to starting any work, the Contractor and all subcontractors shall be
required to have a City of Palm Desert Business Tax Registration valid for the time they
are engaged in work. The cost of these fees shall be included in the price and no additional
compensation will be allowed therefor.
c. Fees: Contractor shall be responsible for all inspection and permit fees required by
agencies (other than the City of Palm Desert, Public Works Department) necessitated by
his operations for this project. This includes fees required for inspection work within the
right-of-way of these other agencies and other public right-of-way. The cost of these fees
shall be included in the lump sum contract bid price and no additional compensation will
be allowed therefor.
14. POTHOLING
Prior to commencement of any structure replacement, Contractor shall physically locate, verifying
horizontal and vertical locations, and map existing underground facilities within the work area that
are marked by Underground Service Alert (USA) or shown on the drawings. Contractor shall
protect all such facilities from damage due to construction activities for the duration of the project.
Contractor shall deliver a plan with the location of each potholed utility to the Project Manager.
Repair of damage to such facilities shall be at the Contractor's expense and shall be considered
as integral to this item of work. Contractor shall be responsible for following all applicable rules
and regulations concerning work in the vicinity of underground and/or overhead utilities. The cost
for potholing shall be included in the unit prices bid for the various contract items, and no additional
compensation will be allowed therefor.
15. RELOCATION
In the event of Contractor negligence, it becomes necessary to alter or temporarily relocate
service connections (including but not limited to: water, irrigation water, sewer, electrical, natural
or manufactured gas, underground and/or overhead telephone, cable television, and electrical) it
shall be the responsibility of the Contractor, The Contractor shall restore the service connections
Item 1L - 235
as soon as possible after any disruption in service. The Contractor shall make all arrangements
with the utility owners regarding such work. The costs for such work on service connections shall
be included in the lump sum contract bid price, and no additional compensation will be allowed
therefor.
16. SURPLUS MATERIALS
All material not suitable for stockpiling as outlined in Section 300-2.2 of the Standard
Specifications, which contain debris, shrubbery, asphaltic concrete, Portland Cement concrete or
other deleterious material shall become the property of the Contractor. Surplus material
encountered in a manner not associated with regular on-going maintenance activities shall be
subject to removal at time and material basis upon approval by the City of Palm Desert.
Material shall be disposed of at a legally acceptable disposal site furnished by the Contractor and
shall be considered as included in the lump sum contract bid price for and no additional
compensation will be made therefor.
17. INSPECTION OF THE WORK
There will be inspection of this work to ensure strict adherence to the specifications and work
schedule submitted by the Contractor. It shall be the responsibility of the Contractor to notify the
City of Palm Desert should any deviation of said work schedule become necessary. Any work
done in unauthorized areas or in a manner unacceptable to the inspector shall not be accepted
or paid for by the City of Palm Desert.
18. PROTECTION OF PUBLIC
The Contractor shall take all necessary precautions to protect the public, especially children, from
the hazards of their maintenance operations.
Unusual conditions may arise during the scope of work, which will require that immediate and
special provisions be made to protect the public from danger or loss or damage to life and
property, due directly or indirectly to the progression of the work. It is part of the service required
of the Contractor to make such provisions and to furnish such protection.
Whenever, in the opinion of the City of Palm Desert, an emergency exists against which the
Contractor has not taken sufficient precaution for the safety of the public or the protection of
utilities or of adjacent structures or property or if immediate action shall be considered necessary
in order to protect public or private personnel or property interest, or prevent likely loss of human
life or damage on account of the operations under the contract, then and in that event, the City of
Palm Desert may provide suitable protection to said interest by causing such work to be performed
and material to be furnished, as, in the opinion of the City of Palm Desert, may seem reasonable
and necessary.
Materials and equipment shall be stored so as to not create a public nuisance and to ensure the
preservation of their quality and fitness for the work. No materials or equipment shall be stored at
the project site unless its use is imminent.
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The Contractor is responsible to design, construct and maintain all safety devices and be
responsible for conforming to all local, state and federal safety and health standard, laws and
regulation
19. TRAFFIC CONTROL
Contractor shall comply with the State of California and Cal-OSHA Safety Rules and Regulations
and the American National Standards Institute (ANSI) 2133.1 standards. Contractor shall supply
all delineation, signing and clothing as required by the State of California Department of
Transportation. Contractor shall provide and maintain work zone traffic control devices at all times
in accordance with the WATCH Manual, the California MUTCD, and as directed by the City of
Palm Desert’s Representative or his/her designee. All roadway signs, delineators, channelizers,
cones and barricades shall be in “like new” condition. All roadway signs used for nighttime traffic
control shall have retroreflective sheeting that meet or exceed ASTM Standard D 4956 Type III.
When required by the City of Palm Desert’s Representative or when maintenance activities
require a traffic control setup that does not conform to standard traffic control layouts as detailed
in the previously referenced standard manuals, then the Contractor shall be required to submit
project traffic control plans for review and approval by the City. Minor adjustments of the traffic
control set up may be made in the field with prior approval from the City Inspector.
A minimum of one (1) 12-foot (12’) travel lane in each direction shall be maintained at all times on
residential, collector and arterial streets during maintenance operations. No reduction of the travel
way width and/or travel lanes shall be permitted before 8:30 a.m., or after 4:30 p.m., unless prior
approval from the City Project Manager is obtained. If the closing or opening of a street (either
partially or fully) within the City is approved by Project Manager, Contractor shall notify the City
Inspector assigned to the project and local authorities at least twenty-four (24) hours prior to the
scheduled closing or opening.
A minimum of a four-foot (4’) wide ADA compliant pedestrian path of travel must be maintained
in the sidewalk area at all times. The area under maintenance in the sidewalk areas must be
maintained free of hazardous conditions. The immediate area must be barricaded in such a
manner that pedestrian traffic cannot enter.
Access to driveways shall be maintained from at least one end of the work area at all times. At no
time is any business or residence to be without access unless otherwise approved by Project
Manager. Contractor shall notify residents or businesses of restricted access forty-eight (48)
hours in advance of construction activities.
The Contractor shall abate dust nuisance on traffic lanes, detours and work site by cleaning,
sweeping and sprinkling with water or other means, as necessary, during and after the course of
their work.
The compensation for furnishing, placing, maintaining and removing traffic cones, telescoping
tree flags, advance warning signs, flagmen, barricades, temporary striping and other safety
devices, as required for public safety or as directed by the City Project Manager, shall be
considered as included in the in the contract bid price, and no additional compensation will be
made therefor.
20. DUST CONTROL/AIR CONTAMINANTS
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The Contractor must comply with the City of Palm Desert’s Municipal Code, Chapter 8.20, “Public
Nuisances” Chapter 27.12.140, and City of Palm Desert Ordinance 294. Contractor must also
comply with Chapter 24.12 “Fugitive Dust (PM10) Control” of City of Palm Desert Municipal Code.
Dust generated by traffic, Contractor’s operations, or wind are all included in the definition of
“dust.” The Contractor is responsible for monitoring all of the active maintenance areas during the
life of the contract, and special attention shall be given to areas during over-seeding operation.
The Contractor shall not discharge smoke, dust, or any other air contaminants into the
atmosphere in such quantity as will violate the regulations of any legally constituted City of Palm
Desert.
Payment for maintaining dust control and air contaminates within the project area shall be
included in the lump sum contract proposal price, and no additional compensation will be allowed
therefor.
21. WATER
Water shall not be taken from any commercial or residential systems without the express written
consent of the owner.
22. MEASUREMENT AND PAYMENT
City of Palm Desert has specific criteria by which to evaluate the performance of Contractor on a
weekly basis. If performance by Contractor is deficient, City of Palm Desert reserves the right to
subtract an associated amount form the billing. Since it is difficult to quantify and assess a value
to every aspect of the work, City of Palm Desert may implement liquidated damages of $250 per
day per incident until the deficiency is corrected. The following is a brief summary of possible
deficiencies:
1. Failure to comply with Contract Documents.
2. Failure to comply in a timely manner with contractually legitimate requests made by City
of Palm Desert.
3. Failure to provide specified reports or falsification of reports.
4. Failure to supply adequate equipment, labor or supervision.
5. Failure to repair deficiencies in the allotted time frame.
6. Failure to comply with schedules.
7. Failure to protect public health and safety.
8. Failure to provide adequate identification on vehicles or employees.
In the event Contractor fails to perform contractual obligations to the satisfaction of City of Palm
Desert, City of Palm Desert many choose to obtain the services of a separate maintenance
provider to fulfill Contractor’s obligations, and any and all associated charges shall be the
responsibility of the Contractor.
Invoices must be rendered on Contractor's standard billhead or official letterhead. Contractor shall
submit invoices within 30 days after completion of work. Invoices shall include the contract
number, location, name of work requester, and payment terms of NET 45. Contractor shall submit
monthly Statements for invoices generated during the previous month and note outstanding
invoices.
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23. VEHICLES ON SIDEWALK AND TURF
Contractor vehicles shall not drive on sidewalks or turf without prior City of Palm Desert approval.
24. REFUSE DISPOSAL
All refuse collected shall be removed and taken to a sanitary landfill at Contractor’s expense.
Disposal of debris shall not be allowed in any City of Palm Desert trash can, bin or other City
facility (i.e., corporation yard or satellite yards), or in any park refuse container unless other
arrangements have been authorized by City of Palm Desert.
25. GREEN WASTE
Contractor shall remove all green waste generated from maintenance operations on a daily basis.
No green waste will be allowed to remain on site after work hours. Disposal of green waste shall
not be allowed in any City of Palm Desert trash can, bin or other City facility (i.e., Corporation
Yard or satellite yards), or in any park refuse container unless other arrangements have been
authorized by City of Palm Desert. Contractor shall recycle all green waste removed from City of
Palm Desert landscaped areas at a County-licensed compost facility. If any compost is used in
the execution of the landscape maintenance contract, it must be from a facility that receives and
composts City of Palm Desert green waste. Said products shall be approved by the City of Palm
Desert or his designee before use. Contractor shall submit verification of green waste disposal in
the Green Waste Monthly Report.
26. SCHEDULES
At the pre-commencement conference, Contractor and City of Palm Desert staff will review the
Work requirements and Contractor will formulate a priority list and submit to City for review.
Contractor shall submit a Schedule outlining the work and estimated costs. Once approved by
the City, Contractor will proceed with ordering material for the repairs. If, during the first thirty (30)
days, an adjustment in the schedule needs to be made, Contractor may submit a revised schedule
for approval.
27. LICENSE AND CERTIFICATION REQUIREMENTS
Contractor shall possess all permits and licenses required to comply with city, county, state or
federal laws for the work activities performed, including the use of chemicals. Contractor assumes
responsibility and liability for use of all chemical controls and shall at all times perform chemical
applications in accordance with governmental regulations and industry standards for their safe
and appropriate use.
At the time that the Proposal is submitted, Contractor shall possess current licensure and
certification as follows, and the same shall be maintained current and valid for the term of the
contract:
Class B Contractor License; and specialized Class C licenses as needed.
Item 1L - 239
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Palm Desert (hereinafter referred to as “City”) has awarded
to BELFOR USA GROUP, (hereinafter referred to as the “Contractor”) an agreement for
FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (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 JANUARY 12, 2023, (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, BELFOR USA GROUP, 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 up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS,
($750,000.00), 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:
Item 1L - 240
(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]
Item 1L - 241
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.
Item 1L - 242
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
Item 1L - 243
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
Item 1L - 244
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 JANUARY 12, 2023 has awarded to BELFOR USA GROUP hereinafter designated as the “Principal,”
a contract for the work described as follows:
FACILITIES REPAIRS AND IMPROVEMENTS PROJECT (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 JANUARY 12, 2023 (“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 up to SEVEN HUNDRED FIFTY THOUSAND DOLLARS
($750,000.00) 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 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
Item 1L - 245
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]
Item 1L - 246
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.
Item 1L - 247
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
Item 1L - 248
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
Item 1L - 249
[This page has intentionally been left blank.]
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Shawn Muir, Senior Management Analyst
Andy Ramirez, Deputy Director of Public Works
REQUEST: APPROVE AMENDMENT NO. 2 TO CONTRACT NO. C32410 WITH
DESERT RECREATION DISTRICT FOR ANNUAL PARK AND PORTOLA
COMMUNITY CENTER SERVICES AND APPROPRIATE FUNDS
RECOMMENDATION:
1.Approve Amendment No. 2 to Contract No. C32410 to incorporate DRD’s adopted class and
compensation study resulting in an increase to the reimbursement of park and community
center services.
2.Appropriate $100,000 from Unobligated General Fund Reserves to Account No. 1104610-
4309000, Prof-Services Civic Center Park.
3.Authorize the City Manager to execute said amendment.
BACKGROUND/ANALYSIS:
The City of Palm Desert (City) and Desert Recreation District (DRD) have successfully partnered
to provide residents and visitors quality recreational services for nearly 30 years. A summary of
this contractual relationship is briefly described below.
Desert Recreation District as a Special District/Taxing Entity:
As a special district, DRD receives portions of property tax revenue that fund recreational
opportunities for residents within the boundaries of their district. The City of Palm Desert is one
of such cities that benefit from this arrangement whereas funding helps cover the cost of sports
programming, activities, and special park events.
Desert Recreation District as Contract Operator of Parks Facilities:
In addition to DRD’s ongoing programming services, DRD is contracted to provide park and
skate park attendants, janitorial services, and other facility staff to clean, supervise, and monitor
daily activities. This partnership enables the district to function as a positive liaison between the
City and the public.
The current contract with DRD is cost-plus-15%. Under this agreement, DRD is committed to a
comprehensive scope of work and invoices the City in the arrears for actual costs, plus 15%.
Item 1M - 1
Portola Community Center (PCC) Staffing:
DRD also provides on-site administrative staffing at the PCC between the hours of 8:00 am and
8:30 pm. At this location, DRD staff coordinate all reservations for City parks and available
community facilities.
Parks, Facilities, and Portola Community Center Agreement Term:
The Agreement term commenced upon execution of the Agreement on November 15, 2012 and
extended until June 30, 2017. Thereafter the Agreement is automatically extended in five-year
increments until either party provides written notice of termination to the other party. At that point,
the contract would terminate after one year on the anniversary date. The Agreement was
automatically renewed on July 1, 2022. The next automatic renewal date per the Agreement is
July 1, 2027.
Over the past few years and since the last contract amendment, the level of programming,
maintenance efforts, and labor costs have increased. As a result, DRD conducted and adopted
a class and compensation study that confirmed an increase to labor rates.
The intent for this Amendment is to accept DRD’s proposed new service reimbursement rate,
“Exhibit B”, which is consistent with rate updates implemented by DRD after their 2022
Classification and Compensation Study. The new rates will take effect January 1, 2023, with a
2.5% increase each subsequent fiscal year. Prior to the 23/24 Fiscal Year and during the budget
process, City Staff will engage with DRD to ensure the City continues to receive a high level of
service and good value from this Agreement. This will also include the evaluation of potential
new costs moving forward as the City brings new parks into operation.
Strategic Plan:
DRD provides comprehensive services to the residents of Palm Desert at the City’s various
parks and recreational facilities. This enables the City to provide quality recreational and
exercise opportunities consistent with the objectives of the Strategic Plan.
FINANCIAL IMPACT:
The Public Works Operations Budget for Fiscal Year 2022-23 includes $550,000 under Account
No. 1104610-4309000 - Prof Services-Civic Center Park, and 1104344-4309000 - Prof-Services
Portola Community Center for reimbursement of services pursuant to this contract. The
increased cost labor costs passed through to the City take effect January 1, 2023. The increase
is estimated at 15% during Fiscal Year 2022-23:
Services for Fiscal Year 22/23 Average Monthly Rate Annually
July 1, 2022–December 31, 2022 $50,000 $300,000
January 1, 2023 – June 30, 2023 $52,000 $312,000
Mileage Reimbursement $2,600 $31,200
Average Cost of Materials $1,250 $15,000
Total Estimated Annual Cost $658,200
Item 1M - 2
An appropriation of $100,000 is necessary to accommodate DRD’s increased labor rates in the
current fiscal year. If approved and workloads remain stable, staff anticipates future years to
increase by an annual amount of approximately 2.5%.
Services FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28
Estimated Cost for Service $636,959 $653,243 $669,214 $685,956 $703,132
Mileage Reimbursement $31,200 $31,200 $31,200 $31,200 $31,200
Average Cost for Materials $15,000 $15,000 $15,000 $15,000 $15,000
Total Estimated Budget $683,159 $699,443 $715,414 $732,156 $749,332
Staff will budget accordingly for subsequent years during the annual budget approval process,
and adjust other expense accounts, if necessary, to help offset the increase.
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Executed copy of Contract No. C32410
2. Proposed Amendment to the Agreement
3. Proposed Exhibit B
Item 1M - 3
STAFF REPORT
CITY OF PALM DESERT
COMMUNITY DEVELOPMENT DEPARTMENT
MEETING DATE: February 22, 2018
PREPARED BY: Johnny Terfehr, Management Analyst
CONTRACT NO. C3241O
REQUEST: Request for approval of Amendment No. 1 to Contract No. C32410 with
Desert Recreation District for Annual Park Services.
Recommendation
By Minute Motion:
1. Approve Amendment No. 1 to Contract No. C32410 incorporating the
following revisions:
a. Remove Section 5.2.2 Field Reservation Management Fee.
b. Replace Exhibit B Contract Labor Pricing Matrix with a revised five-
year pricing matrix that incorporates increased labor costs resulting
from increases in the California minimum wage.
c. Revise Exhibit A to include Portola Community Center staffing
services.
2. Authorize additional costs up to $30,000 for the Fiscal Year 2017-18,
due to the adjustment in pricing contemplated herein, and appropriate
the amounts necessary up to $30,000 to the professional services
accounts for the Civic Center Park and Portola Community Center.
Strategic Plan Objective
The Desert Recreation District (ORD) provides comprehensive services to the residents of
Palm Desert at the City's various parks and recreational facilities. This enables the City to
provide recreational and exercise opportunities consistent with the objectives of the
Strategic Plan.
Executive Summary
Approval of staff's recommendation will provide the ORD with an updated pricing matrix,
which accounts for the impacts of the state's increases in minimum wages. The approval
also incorporates the Portola Community Center staff, which previously was accounted for
under a separate agreement. Staff's recommendation will streamline operations and
authorize funding to continue supervision and custodial services at current levels.
Item 1M - 4
February 22, 2018 -Staff Report
Contract No. C32410 Amendment No. 1 -Desert Recreation District
Page 2 of 3
Background Analysis
The City and DRD have successfully partnered to provide recreational services in Palm
Desert for more than 25 years. The City has several contractual relationships with the DRD,
which are briefly described below:
Desert Recreation District as a Special District/Taxing Entity:
The DRD, as a special district, receives portions of property tax revenue to provide
recreational opportunities for residents within the boundaries of their district. This includes
all operations and programming offered to all residents within their boundaries including
Palm Desert. In Palm Desert, the tax revenue funds all operations, maintenance, and
staffing of the Palm Desert Community Center. The DRD also supports several sports
programs and special events within the City and our various parks, which are paid through
their district funds.
Desert Recreation District as Contract Operator of Parks Facilities:
The second relationship the City enjoys with the DRD is operations services, which are
considered beyond their scope as a special district. These services include janitorial services,
facility staffing, park ambassadors, and skate park attendants. The DRD staffing functions as
the City's eyes and ears in the parks such as cleaning, supervising, and monitoring.
The City's current contract with the DRD at the Civic Center is a cost-plus-15-percent
agreement that is effectively and transparently accomplishing the City's goals. Under this
agreement, the DRD is committed to a scope of work within a set of defined parks and
invoices the City in the arrears for actual costs, plus 15 percent at an hourly rate established in
2012.
Portola Community Center (PCC) Staffing:
The DRD currently provides administrative staffing at the PCC between the hours of 8:00 am
and 8:30 pm, and is managed through the Special Programs Department of the City. The DRD
staff member assists users of this facility and coordinates all of the reservations of City Park
facilities. In 2012, the DRD and City agreed to split the salary of this position between the
Parks Operations Contract (C32410) and an account set up for the management of the PCC.
The intent was to recognize that this position serves the functions of both the PCC and Parks
Operations. The DRD has evaluated their operations at the PCC, and the current agreement is
resulting in a loss of approximately $20,000 annually. The DRD is requesting that the City
incorporate the staffing of the PCC into one agreement as a way to simplify and streamline
their accounting efforts.
Item 1M - 5
February 22, 2018 -Staff Report
Contract No. C32410 Amendment No. 1 -Desert Recreation District
Page 3 of 3
Fiscal Analysis
Below please find a detailed analysis of each of staffs above-recommended actions:
a. Removal of Section 5.2.2 (Contract No. C32410): Results in a decrease of $40,644.68
related to the annual facilities management fee, which will be reallocated to PCC
staffing services.
b. Replace Exhibit B Contract Labor Pricing Matrix: Due to minimum wage increases
required by state law, the ORD has provided the attached five-year matrix· and is
requesting a contract amendment to replace the existing Exhibit B. In the first year, the
increase for Parks Operations is estimated to be $18,119. Each subsequent year for
the five-year contract will see an increase of approximately 2.5 percent (commensurate
with minimum wage increases).
c. Revise Exhibit A to include PCC staffing services: Between the two accounts
(1104610 & 1104344), the City currently expends approximately $80,000 for current
services. Staff is recommending consolidation of both funds and a contract amendment
that result in a net increase of $19,935 in year one. Each subsequent year for the five-
year contract will see an increase of approximately 2.5 percent (commensurate with
annual minimum wage increases).
Based on current workloads, the City expends approximately $405,000 per year for the
combined services Park Operations and the Portola Community Center. If approved and
workloads remain stable, staff estimates the total annual fiscal impact in FY 2017 /2018 of
approximately $38,000. The total projected increase over the five-year period is approximately
$195,000.
LEGAL REVIEW DEPT. REVIEW FINANCIAL REVIEW CITY MANAGER
N/fr
Ryan Stendell ~!0
Robert W. Hargreaves Director of Community ~Moore
Director of Finance Cit Development
APPLICANT:
ATTACHMENTS:
Desert Recreation District.
45-305 Oasis Street
Indio, CA 92201
1. Executed Copy of Contract No. C32410
2. Proposed Amendment to Agreement
3. Proposed Exhibit B
4. Desert Recreation District Correspondence
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Item 1M - 6
AGREEMENT NO. C32410
BETWEEN THE CITY OF PALM DESERT AND
THE DESERT RECREATION DISTRICT
FOR CERTAIN PARK AND RECREATIONAL SERVICES
This Agreement is made and entered into by and between the City of Palm Desert, a municipal
corporation, hereinafter referred to as "City," and the Desert Recreation District, a public agency,
hereinafter referred to as "DRD."
WITNESETH:
WHEREAS, the City owns or leases property that is used for various recreational, and
community activities; and,
WHEREAS, DRD also owns or leases certain property within the City presently used for such
activities and is authorized and qualified to provide and administer these activities; and
WHEREAS, ORD and the City currently have an agreement regarding part or all of the services
addressed in this Agreement and wish to update, clarify and confirm their working relationship;
and
WHEREAS, the City desires the DRD to continue to provide and administer certain recreational
activities and related services that benefit the residents of Palm Desert; and
WHEREAS, the parties have developed a comprehensive scope of services and pricing matrix,
as well as Exhibits as follows:
Exhibit "A" -Scope of Services
Exhibit "B" -Pricing Matrix
Exhibit "C" -Listing of City Parks and Facilities and Parks Services Matrix
WHEREAS, this Agreement does not affect the current "Lease/RD-447---------" or any
agreements between the City or DRD and Desert Sands Unified School District.
NOW, THEREFORE, in consideration of their mutual promises, obligations, and covenants
hereinafter contained, and based upon confirmation that the recitals set out above are true and
correct, the parties agree as follows:
1. Term. The term of this Agreement shall commence upon its execution by both parties,
and shall extend through June 30, 2017. The term thereafter shall be automatically ex.tended in
five year increments until either party provides written notice to the other party of its desire that
the Agreement terminate on its next anniversary date. · Either party may terminate this
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4844-5656-0912 .I 1
Item 1M - 7
CORTRACT JIO. C32410
Agreement without cause upon one year prior written aotice to the other party; the length of such
notice is intended to allow for budget adjustment for upcoming fiscal years.
2. Scope of Services.
A. The City of Palm Desert owns or leases and operates 13 parks (hereinafter for
purposes of this Agreement referred to as "City Facilit~es" or "Parks,"). The present list of City
Facilities or Parks is described in detail in Exhibit .. C," attached and incorporated as if fully set
forth herein. This Agreement applies to all Parks even if not listed
B. This contract provides for the following services to City Facilities: the
administration of a facilities reservations system (''facility reservation services'') as set out on
Exhibit A, attached and incorporated here; the provision of park supervision services as set out
on Exhibit A, attached and incorporated here; and the provision of custodial services, as set out
on Exhibit A, attached and incorporated here. The scope of services may be revised as set out in
this Section for "Change Orders." Services shall be provided at the level determined by the
parties from the Parks Services Matrix, attached and incorporated as Exhibit "B" hereto.
C. Change Orders: The parties may change the level of services provided hereunder
by written agreement of the DRD General Manager and City Manager or their designees. The
Change Order shall be in the form agreed upon by them and shall set out the change in level of
services (increased or decreased), corresponding change in price, the City Facilities affected, and
the beginning (and ending, if applicable) dates of the change.
3. DRD Obligations.
3.1 DRD shall provide the necessary personnel, supplies, equipment, and
transportation to perform the named services at the level set out in this
Agreement.
3.2 DRD shall collect and handle fees as set out in Section 5 below.
3.3 DRD shall notify City immediately of any potential safety hazards to City from
City Facilities. DRD has no obligation in any way to warn third parties, cure or
correct potential health, safety or welfare hazards.
3.4 DRD shall notify City of any damage to or misuse of City Facilities. Examples of
reportable incidents include but are not limited to graffiti, vandalism and other
types of property damage.
4. City's Obligations.
4844-5656-0912.I 2
Item 1M - 8
CORTRACT RO. C32410
4.1 The City shall maintain all landscaping, equipment, and buildings in City Parks
unless otherwise provided for a subsequent agreement (i.e. Palm Desert
Community Center). City Facilities will be maintained in a clean and safe manner
which allows DRD to provide the services set out herein.
4.2 The City shall provide all utilities for the City Facilities, and specifically shall
allow DRD to use City trash receptacles.
4.3 City further shall have the specific obligations identified in Exhibit "A" and the
payment obligations identified in Section 5, below.
S. Compensation The fees charged, retained and billed varies depending upon the type
of service provided pursuant to Exhibit "A." The parties have developed a
comprehensive Pricing Matrix for City payment to ORD, which Pricing Matrix is
attached as Exhibit "B" hereto as if fully set forth herein (the "Pricing Matrix").
5.1 Annual Fee Review and Adjustment:
5.1.1 DRD Fees and Charges: Annually, during its preliminary budget process
DRD may review, and revise its fees and charges as set out in the Fees and
Charges Manual. DRD agrees to incorporate field use fees as determined
by the City Council into its Fees and Charges Manual. DRD will notify the
City Manager or his designee of any proposed change in fees under this
Agreement and shall use its best efforts to obtain City review and
ratification prior to adoption ofDRD's final budget.
5.1.2 Pricing Matrix: The amounts payable to DRD shall increase annually
without further action by either party based upon the Consumer Price
Index or other inflator adopted by City for increases in its fees. In the
event of an unexpected increase in the cost of supplies or materials ( such
as gasoline) DRD may request a one-time increase in fees to meet such
increased costs.
5.2 Fees for facility reservation services:
5.2.1 DRD shall collect the City administration fees for facilities use and
thereafter remit the amounts of those fees to City on a monthly basis along
with a summary/documentation for the payment provided.
5.2.2 FIELD RESERVATION MANAGEMENT FEE. City shall pay DRD a
field reservation management fee for the entire period of this Agreement
and any extension thereof in the annual amount of set out on Exhibit "B,"
the Pricing Matrix, and identified as the " Field Reservation Management
Fee." DRD shall invoice City monthly for• the Field Reservation
Management Fee, which shall be paid monthly, in arrears, within 30
calendar days of receipt of the DRD invoice.
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Item 1M - 9
CONTRACT NO. C32410
5.3 For Supervisory, Janitorial, and Skate Park staffing services
5.3.1 ORD shall be reimbursed for all expenses incurred on a monthly basis per
the hourly rates defined in Exhibit "B," Pricing Matrix. DRD shalJ invoice
the City monthly and provide a documented accounting of hourly charges,
which shall be paid monthly, in arrears, within 30 calendar days of the
receipt of ORD invoice.
6. Marketing and Promotional Materials: DRD may include City Facilities and activities
under this Agreement in its marketing or promotional materials without additional consent from
the City. City may include ORD and its personnel, facilities or activities under this Agreement
in its marketing or promotional materials without additional consent from DRD.
7. Compliance with Laws/Non Discrimination. The services under this Agreement shall
be provided in accordance with applicable local, state, and federal laws and regulations and
specifically without discrimination as to protected categories of users.
8. Insurance.
8.1 DRD Insurance. DRD shall procure and maintain at all times it performs any
portion of the services set out in Exhibit "A" (the "Services") the following self-
insurance with minimum limits as follows:
4844-5656.0912.I
i. Commercial General Liability. Commercial General Liability Insurance that
shall protect the City, and its officers, employees, officials, agents, and
authorized volunteers from all claims of bodily injury, property damage,
personal injury, death, advertising injury, and medical payments arising from
performing any portion of the Services. (Form CG 0001 and CA 0001) (Refer
to chart below.) Such insurance shall be placed by insurers authorized to do
business in the State of California with an A.M. Best and Company rating
level of A-or better, Class VI or better or as otherwise approved by the City.
ii. Automobile Liability Insurance. Commercial Automobile Liability Insurance
that is at least as broad as ISO CA 0001 per occurrence which shall protect the
City and its officers, employees, officials, agents, and authorized volunteers
from all claims of bodily injury, property damage, personal injury, death, and
medical payments arising from performing any portion of the Services. Auto
liability insurance shall cover owned, non-owned, and hired autos.
iii. Workers' Compensation and Employers' Liability Insurance. Workers'
Compensation Insurance and Employers' Liability Insurance for all of its
employees perfonning any portion of the Services in accordance with the
provisions of section 3700 of the California Labor Code C'Workers'
Compensation Statute"). If any class of employee or employees engaged in
perfonning any portion of the Services under this Agreement are not protected
under the Workers' Compensation Statute, adequate insurance coverage for
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Item 1M - 10
CORTRACT MO. Cl2410
the protection of any ernployee(s) not otherwise protected must be obtained
before any of those employee(s) commence performing any portion of the
Services. (Refer to chart below.)
Type of Coverage Minimum
Requirement
Commercial General Liability Insurance and Any Auto
Automobile Insurance, including Bodily Injury, Personal Injury,
Property Damage, Advertising Injury, and Medical Payments
Each Occurrence $1,000,000
General Aggregate $2,000,000
Professional Liability -not required $-0-
Workers Compensation (per accident or disease) Statutory Limits
Employer's Liability -not required $-0-
8.2 ORD Proof of Insurance. The ORD shall not commence performing any portion
of the Services until all required insurance has been obtained and certificates or
equivalent indicating the required coverages have been delivered to the City.
Certificates or equivalent Memoranda of Cover document and insurance policies
or equivalent shall include the following:
8.2.1 A clause stating: "This policy shall not be canceled or reduced in required
limits of liability or amounts of insurance until notice has been mailed to
the City Clerk and Risk Manager, stating date of cancellation or reduction.
Date of cancellation or reduction shall not be less than thirty (30) days
after date of mailing notice."
8.2.2 Language stating in particular those insured, extent of insurance, location
and operation to which insurance applies expiration date, to which
cancellation and reduction notice will be sent, and length of notice period.
8.2.3 An endorsement stating that the City and its officers, employees, officials,
agents, and authorized volunteers are named additional insured under the
Commercial General Liability insurance policy. Coverage shall apply to
any and all liability arising out of the work or related to the Contract.
Additional insured stated under the general liability requirement shall be
provided on Insurance Services Office Form CG 2010 with an edition
prior to 2004, or its exact equivalent.
4844-5656-0912.J 5
Item 1M - 11
8.3.0
CORTRACT NO. C32410
8.2.4 An endorsement stating that DRD's insurance policies shall be primary
and non-contributing with any insurance or self-insurance maintained by
City.
8.2.5 With the exception of professional liability insurance, if applicable, all
policies shall be written on an occurrence form.
8.2.6 The City and DRD each waive subrogation against the other.
8.2. 7 ORD agrees to deposit with City within fifteen days Notice to Proceed of
the Contract, certificates of insurance and required endorsements. There
shall be no recourse against the City for payment of premiums or other
amounts with respect to the insurance required by the DRD hereunder.
Any failure, actual or alleged, on the part of the City to monitor compliance
with these requirements will not be deemed a waiver of any rights on the
part of the City. City has no additional obligations by virtue of requiring
the insurance set forth herein.
In the event any of said polices of insurance are canceled, ORD shall prior
to the cancellation date, submit new evidence of insurance in conformance
with this Section to City. In the event any policy of insurance required
under this Agreement does not comply with these requirements, 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 the City will be
promptly reimbursed by the DRD, or the City will withhold amount
sufficient to pay premium from ORD payments.
8.2.8 DRD agrees to provide immediate notice to City of any claim or loss
against the ORD arising out of the services performed under this
agreement. City assumes no obligation or liability by such notice, but has
the right (but not the duty) to monitor the handling of any such claim or
claims if they are likely to involve the City.
City Insurance. City shall provide to ORD with the following insurance:
8. 3.1. City shall, at all times during the term of this Agreement, maintain and
keep in full force and effect, the following policies of insurance or self-
insurance with minimum limits as indicated below and issued by insurers
authorized to do business in the State of California with an A.M. Best and
Company rating level of A-or better, Class VI or better or as otherwise
approved by the DRD. Commercial general liability at least as broad as
ISO CG 0001 (per occurrence) $1,000,000 (general aggregate)
$2,000,000. Workers' compensation in the statutory amount.
8.3.2 All insurance required by this section shall apply on a primary basis. City
agrees that it will not cancel or reduce said insurance coverage and that if
4844-S6S6-0912.l 6
Item 1M - 12
COlffRACT RO. C32410
it does not keep the aforesaid insurance in full force and effect ORD may
take out such insurance and pay for it at City's expense.
8.3.3 At all times during the term of this Agreement, City shall maintain on file
with DRD a certificate of insurance or the equivalent from City -insurer, in
a form acceptable to DRD, showing that the aforesaid policies are in effect
in the required amounts. The general liability policy shall contain or be
endorsed to contain a provision including the DRD, its officers, agents,
employees and authorized volunteers-as additional insureds.
8.3.4 City shall promptly file with DRD such certificate or certificates and
endorsements if applicable. Coverage for the additional insureds shall
apply to the fullest extent permitted by law. No policy required by this
section shall prohibit City from waiving any right of recovery prior to loss.
District hereby waives such right with regard to the DRD, its officers,
agents, employees and authorized volunteers. All insurance coverage and
limits provided by City and available or applicable this agreement is
intended to apply to the full extent of the policies. Nothing contained in
this Agreement limits the application of such insurance coverage
9. Indemnification.
9.1 To the furthest extent permitted by California law, DRD shall, at its sole expense,
defend, indemnify, and hold hannless the City and its officers, employees,
officials, agents, and authorized volunteers (the "indemnified parties'') from and
against any and all demands, losses, liabilities, claims, suits, and actions (the
"claims") of any kind, nature, and description, including, but not limited to,
personal injury, death, property damage, and/or attorneys' fees and costs, directly
arising out of, connected with, or resulting from the performance of the DRD's
Services pursuant to this Agreement or from any activity, work, or thing done,
permitted, or suffered by the DRD in conjunction with this Agreement, unless the
claims are caused wholly by the sole negligence or willful misconduct of the City.
The City shall have the right to accept or reject any legal representation that DRD
proposes hereunder.
9.2 To the furthest extent permitted by California law, City shall, at its sole expense,
defend, indemnify and hold harmless the DRD and its officers, agents and
employees (the ''indemnified parties"), from and against any and all demands,
losses, liabilities, claims, suits and actions (the "claims,,) of any kind, nature and
description, including, but not limited to, personal injury, death, property damage
and/or attorneys' fees and costs, directly arising out of, connected with, or
resulting from the provision of or failure to provide facilities and equipment
pursuant to this Agreement, unless such claims are caused wholly by the sole
negligence or willful misconduct of the DRD. The DRD shall have the right to
accept or reject any legal representation that City proposes hereunder.
4844-5656-0912.I 7
Item 1M - 13
COlffRACT NO. C32410
10. Personnel In order to provide the services pursuant to this Agreement, the DRD shall
hire and supervise personnel in accordance with the DRD's personnel policy rules and
certification requirement and the specific provisions of this Agreement. This Agreement docs
not. and shall not be deemed to create an employment relationship between the City and DRD
employees or a joint venture between the City and DRD.
11. Emergency Contacts. Each party shall provide the other with twenty-four (24) hour
emergency contacts ..
12. Termination for Default: Subject to the offset provisions of Section 5.4 hereof, in the
event that either party oonsistently and repeatedly defaults in the performance of a material term
or oondition of this Agreement, prior to any notice of termination, the non-defaulting party shall
give notice to the defaulting party as follows:
12. l The representative for the non-defaulting party first orally shall discuss the default
with the representative of the other party.
12.2 The non-defaulting party shall give noiice of the specific default(s) and the
proposed cure and shall allow at least 30 calendar days in which to cure or
commence a cure. In the event that public health and safety is at risk the period
for cure shall be 5 or fewer calendar days.
12.3 In the event that the default is not cured or a cure commenced within the time
frames in subsection (b), the non-defaulting party may give 45 days' prior written
notice of termination of the Agreement. In the event that public health and safety
is at risk, the notice period shall be 10 days.
13. Amendments. Except as otherwise provided for Change Orders in Section 2, or fee
changes under Section 5, any amendment, modification, or variation from the terms of this
Agreement shall be in writing and shall be effective only upon approval by the DRD Board of
Directors and the Palm Desert City Council. No waiver of any term or condition of this
Agreement shall be a continuing waiver thereof. This Agreement constitutes the entire
agreement of the parties as to the subject matter hereof, and supersedes any other agreements,
whether written or oral.
14. Contact Persons and Notice. All notices or demands of any kind served by either party
to this Agreement by the other will he in writing and will be personally delivered or mailed by
registered or certified mail, return receipt requested addressed to the representative of each party
as set out here: ·
City Manager
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
4844-5656-0912.l 8
General Manager
Desert Recreation District
45-305 Oasis St.
Indio, CA 92201
Item 1M - 14
COlffRACT RO. C32410
15. Force Maieure. Performance by either party hereunder shall not be deemed to be in
default, or considered to be a default. where delays or defaults are due to the force majeure
including, without limitation, events of war, insurrection, strikes, lockouts, riots, floods,
earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine
restrictions, freight embargoes or lack of transportation, weather-caused delays, inability to
secure necessary labor, materials or tools, delays of any contractors, subcontractor or supplier
(which are not attributable to the fault of the party claiming an extension of time to prepare or
acts or failure to act of any public or governmental agency or entity) or any delay caused by a
third party, including, without limitation, independent vendors and suppliers, whose performance
is not within the control of the party. extension of time for any such force majeure cause shall be
for the period of the enforced delay and shall commence to run from the date of occurrence of
the delay. The party seeking to invoke such force majeure provision shall give written notice to
the other party within five business days of the date that the force majeure event has occurred,
specifying (i) the date from which the enforced delay commenced and the actual or the expected
final date, as applicable, for which an enforced delay extension of time of performance is then
being sought, and (ii) a description of the particular circumstances, events, facts or occurrences
which have given rise to the force majeure.
16. Litigation Costs. In the event an action is filed by either party to enforce any rights or
obligations under this Agreement, the prevailing party shall be entitled to recover reasonable
attorney's fees and court costs in addition to any other relief granted by the court.
17. Interpretation of Agreement. The use of the words "shall or ''must" or similar words
within this Agreement is not intended to and does not create a mandatory duty of any kind.
18. Authority to Execute Agreement. Both the City and the DRD covenant that each
individual executing this Agreement on behalf of each party is a person duly authorized to do so.
4844-5656-0912.l 9
Item 1M - 15
CORTRAC'l NO. C32410
CITY OF PALM DESERT
By: /4/23 a_,)1~ L Dated: _N_ov_em_be_r_l5-=-,_2_01_2 __
Mayor /-,-
App~nn:
City J\ o y
4844-5656-0912.J
Item 1M - 16
CONTRACT BO. C32410
DESERT RECREATION DISTRICT
By:~&:z':: 'Presint Dated: _ _.__1....;;_-z...-_,_/..ac~-/, ....... ,'--'--z~-
ATTEST:
~& ~--A...e ... C rk of the 1 trict
Approved as to form:
~ a1JJJtA_ "la d f '{,
Gener ounsel · ..,. p-d
4844-5656-0912.l 11
Item 1M - 17
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
@ni7 9ffl0Rf ?MhYW TP«tE! fi~ gpme, mmc: ~ WMSffi?N\?R ~
State of California
County of ~\ \lecc..~ A,.e }
On \7..) ~!, z.... before me, ~t..ho !:'r.o 'VI kL oi ~ l,f Y ct; ~ · b-Han\lnltirt~ill'ldi'iiieo11he~ \
personally appeared ___ 0.....-" ..... ~A ........ 1.....r_---1.f-+'/l,._o"-"<b ............ ___ --.--.---,-.,.....,.-,.,.-------.---.--------------t.. 7 t=\l "" Name(s) of Signer(s)
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Nollry Mlle -Clllfornia
Rlwrslde ClllftlJ
M Comm. Ex Ires Jun 24, 20
Place Notary Seal AtKNe
who proved to me on the basis of satisfactory evidence to
be the person~ whose name(:;j is/are subscribed to the
within instrument and acknowledged to me that
he/eheftl ,ey-executed the same in hisA=lerltheiJ authorized
capacityCieS), and that by his/Aerltl 1eil"signature~ on the
instrument the person("), or the entity upon behalf of
which the person<,) 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 m
-----------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.
Description of Attached Document
Title or Type of Document: ~tz.,l.l ~k lJ+ t' J 2J.t( 0 LL.~ A (l ku 4: 1is¼r-\J: ~~,.... ~/v: 4.: ~4-r'./&.r.a---\-1 •ri~ .. ~ \ Document Date: __________________ Number of Pages: ----1~8~-----
Signer(s) Other Than Named Above:
Capaclty(ies) Claimed by Signer(s)
Signer's Name: ____________ _
D Individual
CJ Corporate Officer-Title(s):
D Partner -D Limited D General
□ Attorney in Fact
D Trustee
D Guardian or Conservator
[l Other: ________ _
Signer Is Representing: ___ _
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Signer's Name: _____________ _
□ Individual
D Corporate Officer -Title(s): ________ _
D Partner -Li Limited LJ General
D Attorney in Fact
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Signer Is Representing: ____ _
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Item 1M - 18
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California }
County of __ R_i_v_e_r_s_i_d_e _________ _
onDecember 21, 2012beforeme M. G. Sanchez, Notary Public
Date ' ---------,H-;-e-re7ln_se...,.rt =Nam-e-an...,.d =T111e~ot""t11e-=Officeae--r-------'
personally appeared Robert A. Spiegel
Commission ti 1906339
I • Notarr Public • California
Name(s) of Signer(s)
who proved to me on the basis of satisfactory
evidence to be the person(i) whose name(i) is/~
subscribed to the within instrument and acknowledged
to me that he/ffl'tlMw executed the same in
hi~ihex authorized capacity~, and that by
his/:luulihe.K signature(i) on the instrument the
person(i), or the entity upon behalf of which the
person(i) acted, executed the instrument.
I certify under PENAL TY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
Signature: -J~W~U~'w.JW~;:;::J~==::::,._-
----------OPTIONAL------+----,._---+ __
Place Notary Seal Above
Though the information below is not required by law, it may prove val nt
and could prevent fraudulent removal and reattachment of th
Description of Attached Document . _ h
Title or Type of Document: C.3.J. 1//0 -De.&l.rf-fc.Pj!J-eL! h'dn D1sfncf JtU/f.., 30; .;?.()/7
Document Date: 1\/b 11unbe r 15, ~()/ .J.. Number of Pages: ____ _
Signer(s) Other Than Named Above: _______________________ _
Capacity(ies) Claimed by Signer(s)
Signer's Name: Robert A. Spiegel
D Corporate Officer -Title(s): ______ _
D Individual
□ Partner -□ Limited D General
D Attorney in Fact
0 Trustee
D Guardian or Conservator
Gil Other: ... M-aa-;y~o .... r _____ _
Signer Is Representing: ___ _
City of Palm Desert
RIGH r rnur.lBPRINT
OF SIGNER
Signer's Name: ___________ _
□ C rate Officer -Title(s): ______ _
RIGHT THUf.'BPRINT
OF SIGf'.ER
D Partner -imited D General Top of thumb here
□ Attorney In Fact
□Trustee
D Guardian or Conservator
D Other: ________ _
Signer Is Representing: ___ _
C 2009 National Nclafy Assoc:latlon • NatlonalNotary.org • 1•800-US NOTARY (1-800-878-6827) Item #5907
Item 1M - 19
EXHIBIT A -SCOPE OF WORK
FACILITIES RESERVATIONS SYSTEM ADMINISTRATION
CORTRACT NO. C32410
1. DRD is responsible for scheduling and reserving use of the City Facilities set out on
Exhibit "C."
2. Scheduling shall be done pursuant to DRD Fees and Charges Manual as ratified by the
City and other adopted DRD policies and procedures.
DRD shall administer the reservation provisions of Chapter 11 and specifically 11.04 of
the Palm Desert Municipal Code as those may be amended from time to time. DR.b shall
administer the reservation provisions for other City Facilities if not set out in that
Chapter. As applicable, DRD shall require users requesting a reservation to use the
approved forms or on-line application procedures. Where the City Facility or Park is to
be used by 100 people or more, DRD additionally shall require such users to complete
and meet the requirements for a "City Facility Reservation Application," including on-
line procedures herein.
3. DRD shall collect a deposit, as well as cleaning and usage fees as required by the City
and/or the DRD Fees and Charges Manual and shall maintain a detailed record of monies
collected. DRD shall return deposits once inspection of the premises by DRD staff
deems the refund as warranted.
4. With the permit holder, DRD shall inspect all deposit-reserved facilities at the beginning
and close of the reserved usage, for the express purpose of verifying deposit return
eligibility.
PARK SUPERVISION
1. Opening and Closing Facilities to the Public:
a. The opening and closing of City Facilities is subject to weather conditions and
recognized emergencies. DRD shall open and close all locked City Facilities (such as
parks, restrooms, sports fields, ·and tennis courts) as specified by Palm Desert
Municipal Code Section 11.01 .020 or other ordinances or regulations of the City.
2. Supervision:
a. ORD shall provide for supervision of City Facilities as follows:
1. One park supervisory employee shall be on duty between 6:00 AM and 11 :00 PM,
Monday through Sunday.
2. One additional supervisory employee shall be on duty from 2:00 PM to 11 :00 PM
Friday, Saturday, Sunday, and CITY designated holidays.
4844-5656-0912.1 12
Item 1M - 20
COlffRACT RO. C32410
3. Additional park supervisory employees may be required as needed dming
scheduled events, holidays, and at other times as mutually agreed between DRD's
General Manager and City Manager. DRD shall be compensated for additional park
supervision staff at the hourly rate established under the Pricing Matrix attached as
Exhibit "B."
4. One skate park supervisor will be on duty at the Civic Center skate park during all
hours of operation/
b. Park supervision is to be provided based on the City of Palm Desert Park Inventory
document, as that may be amended from time to time, and shall include, but not be
limited to, the following duties:
1. Supervision of assigned areas; ORD staff shall maintain a daily log of their
activities and hours of supervision provided each City Facility.
2. Post field and shelter reservations daily in designated locations.
3. Perform inspections of City facilities and maintain a written record of such
inspections. The inspection form shall include any maintenance needs noted in the
course of the inspection, and a log of any actions taken as a result of the inspection.
Inspections shall be made available to the City upon request.
4. Carry a schedule of weekly events occurring in all park facilities at all times.
5. Pick up litter, trash and debris during supervisory visits to all parks or call for pick
up, as appropriated.
6. Re-stock restroom supplies as needed.
7. Notify MUSCO Lighting to tum off field lights for energy conservation as
needed.
8. Warn patrons as needed, regarding applicable City ordinances.
9. Administer and enforce the parks facilities reservations system as set out in
Section A of this Agreement.
10. Greet all patrons, establish a check in time and verify reservation and instruct
patrons on regulations.
11. Inspect reserved facilities after usage to determine any damages which have
occurred since the last inspection.
4844-5656-0912.I 13
Item 1M - 21
CONTRACT NO. C32410
12. Specific Duties for the skate park:
i. Administer the skate park registration process, and collect user fees.
ii. Confinn that an skate park users possess a valid user card.
iii.Ensure that all skate park users abide by all rules and regulations, including
wearing appropriate safety gear as applicable.
iv. Document all incidents or accidents in accordance with DRD policies and
procedures.
c. DRD's patrol and supervision staff shall:
1. Hold and maintain current certifications in first aid and CPR.
2. DRD's supervision staff shall be knowledgeable of park rules and regulations as
necessary for facilities' use and shall have the ability to warn of such violations.
3. DRD's supervision staff shall be equipped with communication devices for
emergency uses.
4. DRD's patrol and supervision staff and/or janitorial staff shall utilize established
emergency contact numbers (including 911) when appropriate to notify public
safety and/or law enforcement officials of any injury to any individual on City
property, of any condition that may be considered an immediate threat to public
· health and safety, or of any violation of City ordinance. After notifying public
safety/law enforcement officials of any incident, DRD shall immediately notify
the City Manager and/or his designee of the occurrence.
5. CITY is responsible for notifying DRD of any changes to the Municipal Code.
CUSTODIAL SERVICES
Janitorial and custodial services are to be provided based on the City of Palm Desert Park Listing
of Properties and Park Service Matrix (Exhibit "C"), and may include, but not be limited to, the
following duties:
1. Restrooms:
a. Daily, DRD custodial staff shall clean and sanitize all toilets, urinals, and sinks; clean
and stock all paper and liquid soap dispensers; remove all stickers, tape, strings,
balloons, gum, spider webs, or other debris or material attached to floors, walls,
ceilings or fixtures; empty and re-line trash receptacles; and hose-wash floors and
surrounding hardscapes.
b. Bi-weekly, DRD shall pressure-wash the entire interior of each restroom and its
surrounding hardscape.
4844-5656-0912.I 14
Item 1M - 22
CONTRACT NO. C32410
c. The restrooms at the following parks shall be considered a priority and shall be cleaned
prior to other City Facilities: Civic Center Park (excluding the ball fields and skate
park); Ironwood Park; Palma Village; Joe Mann Park; Freedom Park. Ball field
restrooms shall move to the priority list when there is a scheduled event or
tournament.
2. Record-keeping:
a. DRD's custodial staff shall maintain a written record of daily work activities. ORD
staff shall document their activities and hours of work in each park. All
documentation shall be available to the City upon request.
3. Skate Parks:
a. As needed, ORD shall remove litter, sweep, remove all stickers, tape, strings,
balloons, gwn, spider webs, or other debris or material attached to floors, walls,
ceilings or fixtures; and empty and re-line trash receptacles.
b. ORD shall wash tables and benches, DRD shall pressure wash all concrete
surfaces at the Civic Center skate park as needed.
c. Changes Order Provisions for change and revisions to services under Exhibit "A": In
the event the parties wish to add services to those already provided under Exhibit
"A," or to revise the nature of the services provided, the DRD General Manager and
City Manager may agree to such changes in writing subject to the procedural
requirements of each public agency. Such changes and the effective date thereof shall
be shown on a revised and dated Exhibit "A" which shall be attached to this
Agreement with the signatures of the General Manager and City Manager. All
additional services provided shall be compensated at the rate set out on Exhibit "B."
4844-S6S6-0912.l 15
Item 1M - 23
EXHIBIT 8 -PRICING MATRIX
Facility Reservation Management Fee (Annually):
Supervision Fee (Hourly Rate):
Janitorial Fee (Hourly Rate):
Skate Park Fee (Hourly Rate):
EXTRA WORK:
CONTRACT NO. C32410
$40,644.68
$ 20.93
$ 28.36
$ 14.75
CONTRACTOR shall provide the staff and equipment to perform the following additional
work at the prices indicated below.
1.
2.
3.
4.
5.
6.
7.
Pressure wash restroom interior
Pressure wash Dog Park
Clean a tennis court with a water broom
Clean a basketball court with a water broom
Drag and water baseball field infield
Pressure wash a playground
Additional labor (per hour)
Position: See Billable Rates above
Position:
Position:
Position:
4844-5656-0912. l 16
$ 75.22
$ 62.61
$ 52.61 per ct.
$ 52.61 per ct.
$ 62.61 per field
$ 145.22
$ __ _
$ ___ _
$ _____ _
$ _____ _
$ _____ _
Item 1M - 24
EXHIBIT C -PARK SERVICES MATRIX COBTRACT NO. C3241 0
Park Classification Acreage Amenities
Current
Parks
Cahuilla Hills Open Space 26 +/-Cily 5,6,11,14,16,20 Park
Cap Homme/
Ralph Adams Open Space 27 +/-City 14,16,20 Park
Civic Center Regional 70 +/-City 1,2,3,4,S,6,8,I I, 12,13,14,15,17,18,l 9,22 Park
Community Neighborhood I+/-City I 1,14,23 Gardens
Freedom Park Regional 14+/-City/School Dislricl I ,2,3,4,5,7,8,11,13,14,15,17,l 8
Hovley Soccer Community 15 +/-City 2,7,8,9,10,11,13,14,15,21 Park
lronwood Park Community 9 +/-City 8,11,14,15,20
Joe Mann Park Neighborhood 1.5 +/-City 2.4,8,11,14,15,17
Magnesia Neighborhood 8 +/-City/School District l ,3,7,8,ll,14,15 Falls Park
Palma Village Neighborhood 1.37+/-City 2,4,8,11,14,l S Park
University Neighborhood 2.25 +/-City 11,17 Dog Park
University Neighborhood 2+/-City 2,8,11,14,15 Park.East
Washington
Charter School Neighborhood 2 +/-School District 2,7,8,14,15 Park
Future Parks
Portola & 1-10 Regional 20 +/-City TBD Parle
University Neighbomood 4.2 +/-Qty TBD ParkCentml
University Neighborhood 2.1 +/-City 'IBO Parle West
Amenities
!=Baseball 6=Picldeball ll=Restrooms l6=Hiking Trails 21=FrisbeeGolf
2=Basketball 7=Soccer 12=Amphltheater 17=DogPark 22=Commm.ity Center
3=Football S=Open Grass /furf 13=Concessions 18=SkatdBMX 23-Garden Plots
4=Volleyball 9=Homahoes 14=Picnic Area 19-Aquatic Center
►Tennis 1 O=Petanque 1 S=Playground 20-Native Open Space
4844-S656-0912.1 17
Item 1M - 25
CONTRACT RO. C32410
Park Clcissification· Janitorial Services: Ambassador Services:
Neighborhood Park:
Open Space Park:
Community Park
Regional Park
Regional-Civic-Center Park:
Janito1·ial Services:
I =Daily Restroom janitorial services including
but not limited to: cleaning all toilets, sinks,
floors, walls, stall dividers, emptying trash
receptacles, stocking of supplies, and
documentation of all activities.
2= 1.5 Daily Restroom janitorial services
including but not limited to: cleaning all toilets,
sinks, floors, walls, stall dividers, emptying trash
receptacles, stocking of supplies, and
documentation of all activities.
3=Event driven or as needed Restroom
janitorial services including but not limited to:
cleaning all toilets, sinks, floors, walls, stall
dividers, emptying trash receptacles, stocking of
supplies, and documentation of all activities.
4844-5656-0912.1
NIA
1,3
1,3
2,3
Ambassador Activities:
I =Continously monitor & patrol city
parks
2=Pickup trash, litter and debris during
supervisoiy visits
3=1nfonn park users of all applicable city
ordinances, when necessary coordinate
with local authorities (i.e. Code
Compliance, Police, Animal Control)
4=Thoroughly document, and report to
the City all supervision activites and
accurrences
5=Administer and enforce the parks
facilities reservations system
6=Make contact with aJI guests with
reservations and instruct guests on
regulations
7=Post field and shelter reservations
8=Inspect reserved facilities after
usage to determine compliance
9=Coordinate sports lighting with
Musco, based on field useage
18
1,2,3,4
1,2,3,4
1,2,3,4,5,6,7,8,9
l ,2,3,4,5,6,7,8,9
l,2,3,4,5,6,7,8,9,10,l l,12,13,14
15,16
I O=Provide dedicated skate park
attendant during skate park
operating hours
I I =Remove litter, trash and debris
attached to any floors or walls at
skate park.
l 2=Powerwash entire skate park
facility quarterly
l 3=Wash skate park tables and
benches every other day.
14=Administer the skate park
registration card process.
l S=Assure that all skate park users
posses a valid user card.
l 6=Assure that all skate park users
abide by all rules and regulations.
Item 1M - 26
CONTRACT NO. C32410
AMENDMENT TO AGREEMENT
WHEREAS, the City of Palm Desert ("City") and Desert Recreation District
("Contractor"), entered into an agreement, dated November 15, 2012, to provide park
supervision and custodial services at City Facilities and Parks ("Agreement"), the parties wish
to amend the Agreement effective February 22, 2018.
NOW, THEREFORE, the parties agree as follows:
A. Add section to Exhibit "A" entitled "Portola Staffing Services" and;
'
• Provide secretarial services from 8:00am to 8:30pm, Monday through Friday.
• Organize and schedule all non-profit groups at the Portola Community Center,
collect required paperwork, initiate and administer service agreements and
send complete reports every 6 months.
• Assist Citizens on Patrol program with all vacation check paperwork.
• Administer facility use agreements and schedule field space for Palm Desert
fields, including; 8 baseball fields, 7 soccer fields, 1 football field
• Daily cash handling and daily deposits.
• Light housekeeping on a daily basis.
B. Replace Exhibit "B" -Pricing Matrix with revised Exhibit "B" -Pricing Matrix dated
February 1, 2018.
C. Remove section 5.2.2 FIELD RESERVATION MANAGEMENT FEE
D. Modify section 5.3 to read "For Supervisory, Janitorial, Portola staffing, and Skate Park
staffing services"
E. All other terms and conditions of the Agreement shall remain unchanged, and shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed the ___ day of _______ , 2017.
CITY OF PALM DESERT
A Municipal Corporation
Sabby Jonathan, Mayor
City of Palm Desert
Attest:
DESERT RECREATION DISTRICT
Kevin Kalman, General Manager
Approved as to Content:
Item 1M - 27
CONTRACT NO. C32410
Rachelle D. Klassen, City Clerk Ryan Stendell
CITY OF PALM DESERT, CALIFORNIA Director of Community Development
Approved as to Form:
Robert Hargreaves, City Attorney
Item 1M - 28
State of California
County of Riverside
CONTRACTOR NOTARY ACKNOWLEDGMENT
}
}SS
}
CONTRACT NO. C32410
On _______ , 20 __ , before me, ___________ , a 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 PENAL TY 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
CITY NOTARY ACKNOWLEDGMENT
}
} ss
}
On _______ , 20 __ , before me, ___________ , a 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 PENAL TY 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)
Item 1M - 29
EXHIBIT B -PRICING MATRIX (FEBRUARY 1, 2018)
Service 1/1/17 1/1/18 1/1/19 1/1/20 1/1/21 1/1/22
Park Ambassador (hourly $21.78 $22.32 $22.88 $23.45 $24.04 $24.64
fees)
Janitorial Fee Custodian $34.14 $34.99 $35.87 $36.76 $37.68 $38.62
(hourly fees)
Skate Park Fee $16.12 $16.92 $17.77 $18.66 $19.59 $20.57
Recreation Leader (hourly
fees)
Lead Park Ambassador $33.18 $34.00 $34.86 $35.73 $36.62 $37.53
(hourly fees)
Recreation Specialist $35.78 $36.67 $37.58 $38.51 $39.47 $40.45
(hourly fees)
Senior Recreation Leader $20.34 $20.84 $21.36 $21.89 $22.43 $22.99
(hourly fees)
Recreation Leader (hourly $19.26 $19.74 $20.23 $20.73 $21.24 $21.77
fees)
EXTRA WORK: CONTRACTOR shall provide the staff and equipment to perform the following additional
work at the prices indicated below.
Additional service 1/1/17 1/1/18 1/1/19 1/1/20 1/1/21 1/1/22
Pressure wash restroom interior $75.22 $77.10 $79.02 $81.00 $83.02 $85.10
Pressure wash Dog Park $62.61 $64.17 $65.78 $67.42 $69.11 $70.84
Clean a tennis court with a water $52.61 $53.92 $55.27 $55.66 $58.07 $59.52
broom per ct. per ct. per ct. per ct. per ct. per ct.
Clean a basketball court with a $52.61 $53.92 $55.27 $55.66 $58.07 $59.52
water broom per ct. per ct. per ct. per ct. per ct. per ct.
Drag and water baseball field infield $62.61 $64.17 $65.78 $67.42 $69.11 $70.84
per field per field per field per field per field per field
Pressure wash playground $145.22 $148.85 $152.57 $156.38 $160.29 $164.30
Additional labor (per hour)
Item 1M - 30
City of Palm Desert
Lauri Aylalan, City Manager
73510 Fred Waring Drive
Palm Desert, CA 92260
RE: Contract No. C32410, Impacts of minimum wage
Dear Mrs. Aylaian:
The City of Palm Desert and the Desert Recreation District (ORD) have for many years shared a successful
partnership in providing recreation services to our constituents. This letter intends to reaffirm ORD's
interest in continuing our formal working partnership with the City of Palm Desert and the contracted
services listed in Agreement number C32410.
District-wide the DRD has been evaluating the Impacts of mandated rises in minimum wages. Our studies
have indicated there are several billing rates which need to be amended. Attached is an amended Exhibit
B from our operations contract reflecting our proposed 5-year plan, which we are transmitting for your
review. No changes have been proposed to the Facility Reservation Management Fee. Below you will find
the pertinent language related to pricing increases found In our operations agreement:
Agreement Number C3Z410
Between the City of Palm Desert and the Desert Recreation District
For Certain Park and Recreational Services
Section 5.1.2 Pricing Matrix and Exhibit B
The amounts payable to DRD shall increase annually without further action by either party
based upon the Consumer Price Index or inflater adopted by City for Increases in its fees.
In the event of an unexpected increase in the supplies or materials (such as gasoline) DRD
my request a one-time Increase In fees to meet such increased costs.
I want to thank the City for our continued partnership with the ORD and would be happy to discuss this
matter with you further If so desired.
~'~~
Kevin Kalman t
General Manager, Desert Recreation District
Item 1M - 31
AMENDMENT NO. 2 TO THE AGREEMENT FOR CERTAIN PARK AND
RECREATIONAL SERVICES
BETWEEN THE CITY PALM DESERT AND DESERT RECREATION DISTRICT
1. Parties and Date.
This Amendment No. 2 to the AGREEMENT FOR CERTAIN PARK AND
RECREATIONAL SERVICES is made and entered into as of this 12TH day of JANUARY
2023, by and between the City of Palm Desert (“City”) and DESERT RECREATION
DISTRICT, a NONPROFIT ORGANIZATION with its principal place of business at 45-305
OASIS STREET, INDIO, CA 92201 (“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
“AGREEMENT FOR CERTAIN PARK AND RECREATIONAL SERVICES” dated
FEBRUARY 22, 2018 (“Agreement” or “Contract”) for the purpose of retaining the services
of Consultant to provide park supervision, reservation and custodial services at City Facilities
and Parks.
2.2 Amendment. The City and Consultant desire to amend the Agreement to
update the pricing matrix referenced in Exhibit “B”.
2.3 Amendment Authority. This Amendment No. 2 is authorized pursuant to
Section 13 of the Agreement.
3. Terms.
3.1 EXHIBIT “B” – PRICING MATRIX.
Exhibit “B” – Pricing Matrix is hereby deleted in its entirety and replaced with
revised Exhibit “B” – attached hereto and incorporated herein by reference.”
3.2 Continuing Effect of Agreement. Except as amended by this Amendment No.
2, all other provisions of the Agreement remain in full force and effect and shall govern the
actions of the parties under this Amendment No. 2. From and after the date of this
Amendment No. 2, whenever the term “Agreement” or “Contract” appears in the
Agreement, it shall mean the Agreement as amended by this Amendment No. 2.
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. 2.
3.4 Severability. If any portion of this Amendment No. 2 is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
Item 1M - 32
provisions shall continue in full force and effect.
3.5 Counterparts. This Amendment No. 2 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]
Item 1M - 33
SIGNATURE PAGE FOR AMENDMENT NO. 2 TO THE AGREEMENT FOR CERTAIN
PARK AND RECREATIONAL SERVICES
BETWEEN THE CITY PALM DESERT AND DESERT RECREATION DISTRICT
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 2 to
the AGREEMENT FOR CERTAIN PARK AND RECREATIONAL SERVICES as of the day
and year first above written.
CITY OF PALM DESERT
Approved By:
L. TODD HILEMAN
CITY MANAGER
Date
Attested By:
ANTHONY J. MEJIA, CITY CLERK
DESERT RECREATION DISTRICT
Signature
KEVIN KALMAN
Name
GENERAL MANAGER
Title
Item 1M - 34
EXHIBIT B
Property Staffing & Salary Ranges
To be provided annually with the service budgets to the City of Palm Desert City
Manager or Designee for approval.
Mileage Reimbursement Rate
•Reimbursement rate is billed per the General Services Administration Rate –
Rate effective July 1, 2022 is $0.625 (updated annually)
•Average mileage is 2,600 monthly or 31,200 annually
Materials and Supplies
The annual average materials and supplies cost is $15,000.
Estimated Billing hours
Approximately 65,435 billed hours are estimated to be incurred to support staff
positions.
Item 1M - 35
[This page has intentionally been left blank.]
Page 1 of 2
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Audrey Nickerson, Project Manager
REQUEST: ACCEPT CONTRACT NO. C37040A WITH H&H GENERAL
CONTRACTORS, INC., OF HIGHLAND, CALIFORNIA, FOR THE
PRESIDENTS’ PLAZA EAST AND WEST PARKING LOT
IMPROVEMENTS AS COMPLETE AND AUTHORIZE THE CITY CLERK
TO FILE A NOTICE OF COMPLETION (PROJECT NO. 758-14)
RECOMMENDATION:
1. Accept Contract No. C37040A with H&H General Contractors, Inc. of Highland, California,
for the Presidents’ Plaza East and West Parking Lot Improvements as complete.
2. Approve Contract Amendment No. 3 to Contract No. C37040B in the amount of $94,000.
3. Authorize the transfer of $94,000 from the remaining contingency amount for the project from
Contract No. C37040A to Contract C37040B.
4. Authorize the City Clerk to file the Notice of Completion.
5. Authorize the City Manager or their designee to execute the contract amendment.
BACKGROUND/ANALYSIS:
Notice of Completion
On September 10, 2020, the City Council awarded Contract No. C37040A for the Presidents’
Plaza East and West Parking Lot Improvements to H&H General Contractors, Inc. of Highlands,
California. Construction began on June 1, 2021 and was completed on August 29, 2022. Staff
has inspected the contractor’s work and found said work to be complete and in accordance with
the contract requirements.
Contract No. C37040B Contract Amendment No. 3:
On October 15, 2020, the City Council awarded Contract No. C37040B for construction
management services for the Presidents’ Plaza East & West Parking Lot Improvements to
Southstar Engineering & Consulting, Inc. of Riverside, California in the amount of $853,960. A
final contract amendment to Contract No. C37040B in the amount of $94,000 is needed for
additional services associated with an extended construction schedule. With the approval of the
requested contract amendment, the final cost of construction management will be $1,597,960,
equivalent to 17.6% of the final construction cost. Industry standards typically range construction
management costs from 10% to 15%. Given the complex nature of the project, plus the
continued coordination with surrounding business owners and the public throughout
construction, staff finds the final construction management costs acceptable.
Item 1N - 1
City of Palm Desert
Accept C37040A as Complete and Authorize City Clerk to File the NOC
Page 2 of 2
FINANCIAL IMPACT:
In 2018, the total Project cost was estimated to be $8M. Since then, the Project has experienced
design re-evaluations, re-designs and unexpected utility fees and conflicts which have resulted
in additional costs for a total Project cost of $12,489,311.12. The table below provides the overall
budget, and the cumulative City Council actions and authorizations to date.
DESCRIPTION AMOUNT
President’s Plaza Total Budget including All Adjustments $12,551,977
C37040 – Design Services $785,045
C37040A – Construction $8,884,066
C37040B – Construction Management Services* $1,597,960
Utility Relocation $1,222,240
Total Cost* $12,489,311
Unspent Budget** $62,666
* Total cost includes $94,000 change request, subject of this request
**Remaining unspent funds budgeted for contingency related to this project will be zeroed and re-allocated at the close of the project
Staff requests a transfer of $94,000 from remaining contingency of Construction Contract No.
C37040A to the Construction Management Contract No. C37040B for additional construction
management and inspections services. Therefore, there is no additional financial impact
associated with this action.
REVIEWED BY:
Department Director: Martin Alvarez
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
ATTACHMENTS:
1. Notice of Completion
2. Contract No. C37040B Contract Amendment No. 3
Item 1N - 2
To be recorded with the Riverside County Recorder
on or within 15 days after completion and acceptance by
the City Council. NO RECORDING FEE PER
SECTION 6103 OF THE GOVERNMENT CODE.
APN 000-000-000 R/W NOTICE OF COMPLETION
(Cal. Civ. Code § 9200 et seq. – Public Works)
NOTICE IS HEREBY GIVEN:
1. That the interest or estate stated in paragraph 3 herein in the real property herein described is SOLELY
OWNED by the CITY OF PALM DESERT, A MUNICIPAL CORPORATION, a political subdivision of the State
of California, and whose address is 73-510 FRED WARING DRIVE, PALM DESERT, CALIFORNIA, 92260.
2. That the full name and address of the owner of said interest or estate is set forth in the preceding
paragraph.
3. That the nature of the title of the stated owner, as set forth in paragraph 1, is FEE.
4. That on the 29th day of August 2022 work of improvement described as the Presidents’ Plaza East &
West Parking Improvements, Project No. 758-14 Contract No. C37040A, on the real property herein described
was completed.
5. That the name of the original contractor, if any, for said work of improvement was: H&H General
Contractors, Inc., 7919 Palm Ave., Highland, CA 92346.
6. That the real property herein referred to is situated in the City of Palm Desert, County of Riverside,
State of California, and is described as 73-625 – 73993 CA-111 and 73640-73990 El Paseo, Palm Desert,
California 92260.
7. I, Kathleen Kelly, Mayor of the City of Palm Desert, am authorized to execute and file this Notice of
Completion with the County Recorder of the County of Riverside on behalf of the City of Palm Desert. I have
read the Notice of Completion and know the contents thereof; the same is true of my own knowledge. I
declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
CITY OF PALM DESERT
A MUNICIPAL CORPORATION
Date: By:
Kathleen Kelly, Mayor
When recorded, return to:
Office of the City Clerk
City of Palm Desert
73-510 Fred Waring Drive
Palm Desert, CA 92260
STATE OF CALIFORNIA }
} ss
COUNTY OF RIVERSIDE }
On __________ __________, 2023, before me, Anthony J. Mejia, City Clerk of the City of Palm Desert, personally appeared Kathleen
Kelly, Mayor of the City of Palm Desert, a Municipal Corporation, and acknowledged to me that the City of Palm Desert executed the
same.
Anthony J. Mejia, City Clerk
Rev. May 2020
Item 1N - 3
Contract No. C37040B
Page 1 of 3
Revised 11-2-20
BBK 72500.00001\32445060.1
AMENDMENT NO. 3 TO THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND SOUTHSTAR ENGINEERING &
CONSULTING, INC.
1.Parties and Date.
This Amendment No. 3 to the PROFESSIONAL CONSULTANT SERVICES AGREEMENT is
made and entered into as of this 12th day of January, 2023, by and between the City of Palm
Desert (“City”) and SOUTHSTAR ENGINEERING & CONSULTING, INC., a California
Corporation with its principal place of business at 1945 Chicago Avenue, Unit C, Riverside, CA
92507 (“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 CONSULTANT SERVICES AGREEMENT” dated March 12, 2020
(“Agreement” or “Contract”) for the purpose of retaining the services of Consultant to provide
construction management and inspection services.
2.2 Amendment. The City and Consultant desire to amend the Agreement to for
additional professional services related to the Presidents’ Plaza East & West Improvements
project in the amount of $94,000. The Parties have heretofore entered into that Amendment No.
1 & 2 dated February 10, 2022 and April 28, 2022, respectively.
2.3 Amendment Authority. This Amendment No. 3 is authorized pursuant to Section
3.5.14 of the Agreement.
3. Terms.
3.1 Section 3.1.2 Term. Section 3.1.2 of the Agreement is hereby amended in its
entirety to read as follows:
3.2.2 Term. The term of this Agreement shall be from March 12, 2020,
to January 31, 2023, unless earlier terminated as provided herein.
Consultant shall complete the Services within the term of this Agreement
and shall meet any other established schedules and deadlines.”
3.2 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 " D" attached hereto and
incorporated herein by reference. The total compensation shall not
exceed One Million Five Hundred Ninety-Seven Thousand Seven Nine
Hundred Sixty dollars ($1,597,960.00) 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. 3,
all other provisions of the Agreement remain in full force and effect and shall govern the actions
Item 1N - 4
Contract No. C37040B
Page 2 of 3
Revised 11-2-20
BBK 72500.00001\32445060.1
of the parties under this Amendment No. 3. From and after the date of this Amendment No. 3,
whenever the term “Agreement” or “Contract” appears in the Agreement, it shall mean the
Agreement as amended by this Amendment No. 3.
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. 3.
3.4 Severability. If any portion of this Amendment No. 3 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. 3 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]
Item 1N - 5
Contract No. C37040B
Page 3 of 3
Revised 11-2-20
BBK 72500.00001\32445060.1
SIGNATURE PAGE FOR THE PROFESSIONAL CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF PALM DESERT AND SOUTHSTAR ENGINEERING &
CONSULTING, INC
IN WITNESS WHEREOF, the Parties have entered into this Amendment No. 3 to the
PROFESSIONAL SERVICES AGREEMENT as of 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
SOUTHSTAR ENGINEERING &
CONSULTING, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
QC: _____
Insurance:
_____
Initial Review
_____
Final Approval
Item 1N - 6
Page 1 of 6
CITY OF PALM DESERT
STAFF REPORT
MEETING DATE: January 12, 2023
PREPARED BY: Jessica Gonzales, Housing Manager
Brendan Kearns, Special Counsel
REQUEST: RECEIVE AND FILE INFORMATIONAL REPORT RELATIVE TO STATE AND
LOCAL REGULATIONS OF MARKET RATE HOUSING RENT INCREASES
RECOMMENDATION:
Receive and file this informational Staff Report that presents an overview of state law governing
rent increases for market-rate residential properties and describes additional steps that cities
may take to bolster tenant protections within their jurisdictions.
BACKGROUND/ANALYSIS:
This Report addresses the following:
1.Assembly Bill (“AB”) 1482 establishes a statewide cap on rent increases and imposes a
general “just cause” requirement for any lease terminations.
2.The Costa-Hawkins Rental Housing Act limits local rent control ordinances by, among
other things, exempting certain residential rental units and allowing landlords to reset rental
rates following the voluntary departure of a tenant or in other circumstances specified in the
statute.
3.City of Palm Desert Mobile Home Park Rent Review Program (Ord. 456 § 2, 1986) helps
minimize the impact of high monthly rents for low to moderate-income families and seniors
living in mobile home parks.
4.Local Education and Mediation Programs promote the rights and responsibilities of
tenants and landlords under AB 1482 and other applicable law.
AB 1482:
Assembly Bill (“AB”) 1482, also known as the “Tenant Protection Act of 2019,” established
baseline protections for renters in jurisdictions across the state that have not otherwise adopted
more stringent standards. AB 1482 principally does two things: (1) capping annual rent
increases, and (2) imposing a “just cause requirement” to terminate tenants who have occupied
a property for 12 months or more.
The rent increase cap and just cause requirements apply broadly to residential rental properties
with a few notable exceptions, including, for example, residential projects that receive housing
subsidies or are subject to affordability restrictions, student dormitories, duplexes where the
owner occupies one of the units, and properties constructed within the previous 15 years.
Importantly, AB 1482 does not preclude local governments from imposing rent caps or just cause
requirements that are more stringent than the statewide baselines. As discussed below, a
number of local governments across the state have imposed restrictions that go beyond the
requirements of AB 1482 and taken additional steps to protect renters within their jurisdictions.
Item 2A - 1
City of Palm Desert
Regulating Market-rate Housing Rent Increases
Page 2 of 6
1. Rent Increase Caps
AB 1482 was intended as a statewide effort to prevent rent gouging by property owners.1 To that
end, Civil Code Section 1947.12 2 prohibits an owner of residential real property, over the course
of any 12 month period, from raising rents more than twice or increasing the gross rental rate for
a dwelling or a unit by more than the lesser of: (1) five percent plus the percentage change in
the cost of living,3 or (2) 10 percent of the lowest gross rental rate charged for that dwelling or
unit at any time during the 12 months prior to the effective date of the increase.4 Owners must
also deliver a notice of rent increase to each tenant in accordance with Section 827, which
generally requires delivery at least 30 days prior to an increase.5
2. “Just Cause” Eviction Requirements
Pursuant to Section 1946.2, owners of residential real property may not terminate the tenancy
of any tenants who have continuously and lawfully occupied a unit for 12 months—or up to 24
months where there have been intervening additions of adult tenants—without “just cause,”
stated in a written notice to terminate.6 “Just cause” is broken down into two categories: “At-
fault just cause” and “No-fault just cause.”
“At-fault just cause” includes termination based, among other reasons, on:
• Non-payment of rent;
• Material breaches of lease terms after notice and an opportunity to cure;
• Maintaining, committing, or permitting a nuisance;
• Criminal activities on the property, or criminal threats against the owner or owner's agent;
• Refusing to allow the owner to enter, as authorized;
• Improper assignment/subletting of the space; or
• Refusing to execute a written extension or renewal of a terminated lease upon written
demand from the owner.7
“No-fault just cause” includes termination based on:
• Intent to occupy the unit by the owner or certain family members of the owner, provided
that the lease includes a provision permitting such a termination or the tenant has
otherwise agreed in writing to such a termination;
• Withdrawal of the property from the rental market.
• Compliance with a government or court order or local ordinance that necessitates
vacating the property; or
• Intent to demolish or “substantially remodel” the property, as defined in the statute.8
1 Civ. Code, § 1947.12(m).
2 Unless otherwise indicated, all statutory references are to the Civil Code.
3 Civ. Code, § 1947.12(g)(1). Section 1947.12 sets the cost of living for each residential property based on the
Consumer Price Index for the metropolitan area in which the property is located, as published by the U.S. Bureau
of Labor Statistics or by the California Department of Industrial Relations, as applicable.
4 Civ. Code, § 1947.12(a)(1). Note, however, that owners may still establish initial rents for new tenancies where
no prior tenants remain. Civ. Code, § 1947.12(b).
5 Civ. Code, § 1947.12(e).
6 Civ. Code, § 1946.2(a).
7 Civ. Code, § 1946.2(b)(1).
8 Civ. Code, § 1946.2(b)(2).
Item 2A - 2
City of Palm Desert
Regulating Market-rate Housing Rent Increases
Page 3 of 6
Before an owner of residential real property issues a notice to terminate a tenancy for a “just
cause” that is a curable lease violation, the owner must first give the tenant notice of such
violation and an opportunity to cure the violation.9 If the violation is not cured within the specified
time period set forth in Section 1161(3), the owner may then issue a three-day notice to quit
thereby terminating the tenancy.10
In addition, to terminate a tenant based on “no-fault just cause,” the owner must elect to either:
(1) pay tenant relocation assistance in an amount equal to one month's rent within 15 days after
notice,11 or (2) waive the rent for the final month of the tenancy.12 Failure to do so voids the
notice of termination.13 Owners must also notify tenants of their rights to receive a relocation
assistance payment or rent waiver.14
3. Exemptions
AB 1482 exempts a number residential properties from its rent increase caps and just cause
eviction requirements. Rent increase caps under Section 1947.12 do not apply to:
• Housing restricted by a deed restriction, regulatory restriction contained in an agreement
with a government agency, or other document as affordable housing for very low, low or
moderate income individuals or families;
• Housing subject to an agreement that provides housing subsidies for affordable housing
for very low, low or moderate income individuals or families;
• Dormitories for institutions of higher learning, or kindergartens and grade 1 to 12 schools;
• Housing, except for mobile homes, that has been issued a certificate of occupancy within
the previous 15 years;
• Residential real property that is separate from the title to any other dwelling unit, and not
owned by a real estate investment trust, corporation or limited liability company of which
at least one member is a corporation, or the management of a mobile home park; and
• Properties containing two separate dwelling units within a single structure in which the
owner continues to occupy one of the units as the owner’s principal place of residence,
and neither unit is an accessory dwelling unit.15
Under Section 1946.2, just cause eviction requirements do not apply to all of the exceptions to
Section 1947.12 listed above plus the following:
• Transient and tourist hotels;
• Housing accommodations in a nonprofit hospital, religious facility, extended care facility,
licensed residential care facility for the elderly, or an adult residential facility;
• Housing accommodations in which tenants share bathroom or kitchen facilities with the
owner, who maintains a principle residence at the same property; and
• Single-family owner-occupied residences, including mobile homes and residences where
9 Civ. Code, § 1946.2(c).
10 Id.
11 Civ. Code, § 1946.2(d)(1)(A). However, if a tenant fails to vacate the property after the expiration of a notice to
terminate the tenancy, the actual amount of any relocation or rent assistance provided to the tenant shall be
recoverable by the owner in any action to recover possession of the property. Civ. Code, § 1946.2(d)(3)(B).
12 Civ. Code, § 1946.2(d)(1)(B).
13 Civ. Code, § 1946.2(d)(4).
14 Civ. Code, § 1946.2(d)(2).
15 Civ. Code, § 1947.12(d)(3).
Item 2A - 3
City of Palm Desert
Regulating Market-rate Housing Rent Increases
Page 4 of 6
the owner-occupant rents no more than two units or bedrooms (inclusive of accessory
dwelling units).16
AB 1482 provides that its provisions “shall remain in effect only until January 1, 2030,” although
it is possible that the state legislature will extend the legislation’s duration prior to that date.17
The Costa Hawkins Rental Housing Act:
In 1995, the California legislature passed the Costa-Hawkins Rental Housing Act (“Costa-
Hawkins Act”) to protect landlords against what they believed to be overly stringent local rent
control ordinances. The Costa-Hawkins Act exempts certain residential rental units from rent
control ordinances and allows landlords to reset the rental rate on rental units following the
voluntary departure of a tenant or in other circumstances specified in the statute.
Under the Costa-Hawkins Act, the owner of any residential real property may establish the
initial and all subsequent rental rates for a dwelling or unit when either of the following applies:
• The dwelling or unit had a certificate of occupancy issued after February 1, 1995; or
• The dwelling or unit was exempt as a newly-constructed unit under a rent control
ordinance that was in effect before the state exemption became effective on February 1,
1995.18
Further, owners may freely establish initial and all subsequent rental rates for units that are
alienable separate from the title to any other dwelling unit or are a subdivided interest in a
subdivision.19 While cities should refer to the language of the Costa-Hawkins Act for the full
technical definition of “separately alienable” units, most single family detached dwellings on
separate lots not containing a second dwelling unit, single-family condominium units and other
single-family attached dwellings that may be legally conveyed as separately subdivided interest
in a common interest development will qualify for protection from local rent control ordinances,
once they have actually been sold into separate ownership.20 Note that a few narrow exceptions
to his rule apply for “separately alienable” units that were subject to local rent control ordinances
prior to January 1, 1995.21
The Costa-Hawkins Act includes a few notable exceptions to its protections from local rent
control ordinances, including for:
• Units for which the owner has an agreement regarding the rents that can be
charged pursuant to a contract with a public entity in consideration for a direct financial
contribution or other governmental assistance;22 and
• Units that contain serious health, safety, fire, or building code violations, or when a citation
has been issued and the condition has remained unabated for at least six months
preceding the vacancy, except when the condition has been caused by a disaster.23
16 Civ. Code, § 1946.2(e).
17 Civ. Code, §§ 1946.2(k), 1947.12(l), 1947.13(c).
18 Civ. Code, § 1954.52(a)(1) - (2).
19 Civ. Code, § 1954.52(a)(3).
20 10 Miller & Starr, Cal. Real Estate (4th ed. 2022) § 34:248.
21 Civ. Code, § 1954.52(a)(3)(B).
22 Civ. Code, § 1954.52(b).
23 Civ. Code, § 1954.52(d).
Item 2A - 4
City of Palm Desert
Regulating Market-rate Housing Rent Increases
Page 5 of 6
Several cities across California continue to implement local rent control ordinances, despite the
limitations imposed by the Costa-Hawkins Act.24 These ordinances enable a city to‒within
certain limits‒impose rent caps or just cause requirements that are more stringent than the
statewide baselines in AB 1482. The rent control ordinance for nearby Palm Springs, for
example, allows only one rent increase annually and limits this increase to 75 percent of the
increase in the regional consumer price index.25
City of Palm Desert Mobile Home Park Rent Review Program:
Since the 1980s, the City of Palm Desert has imposed rent control program on the following four
mobile home parks: Silver Spur Mobile Manor, Palm Desert Mobile Estates, Indian Springs
Mobile Home Park, and Sun Crest Country Club. The program limits annual rental increase to
75 percent of the CPI increase. Greater increases can be imposed if need is shown in a lengthy
hearing process. The program has in the past lead to expensive litigation, but there has been
little controversy in the last decade.
Local Education and Mediation Programs:
In addition to the local rent control ordinances described in the preceding section, many cities
across California have implemented educational programs for their landlords and tenants,
including websites and trainings concerning‒among other things‒the limitations on rent
increases under AB 1482. For example, the “Rental Resources Program” website administered
by the City of Davis describes the educational component of this program as follows:
Neighbors, tenants, landlords and property managers can find a great deal of information
about their rights and responsibilities, state tenancy laws and City Municipal Code on this
website. By using the menu in the green box to the right you will also find answers to
frequently asked questions, information about what is necessary for a rental to be
considered habitable, the Davis Model Lease, the Tenant Protection Act, what is
constitutes visual blight, and more.26
The “Rental Resources Program” website includes an accessible summary of AB 1482 and its
implications for both tenants and landlords, as well as links to several other resources concerning
AB 1482 and other landlord-tenant laws.27
24 Cities with local rent control for non-mobile home units include Los Angeles, San Francisco, Santa Monica,
Hayward, East Palo Alto, Beverly Hills, and San Jose, among other jurisdictions.
25 Palm Springs Municipal Code, § 4.08.040.
26 City of Davis, Rental Resources Program, available at https://www.cityofdavis.org/city-hall/city-manager-s-
office/rental-resources-program.
27 Id.
Item 2A - 5
City of Palm Desert
Regulating Market-rate Housing Rent Increases
Page 6 of 6
A number of cities have also implemented optional or even mandatory mediation programs for
rent increase disputes. The City of Campbell, for example, adopted a rent increase dispute
resolution ordinance that “establishes a process for resolution of tenant/landlord disputes
concerning rent increases, housing services or proposed evictions.”28 Consultants selected by
Campbell “provide[s] information, counseling, conciliation and mediation services to residents
and owners of rental property in the City of Campbell.”29
REVIEWED BY:
Department Director: Eric Ceja
City Attorney: Craig Hayes
Special Council to the Housing Authority: Brendan Kearns
Finance Director: Veronica Chavez
Assistant City Manager: Chris Escobedo
City Manager: Todd Hileman
28 City of Campbell, Questions and Answers about the Campbell Rent Increase Dispute Resolution Program,
available at https://www.campbellca.gov/DocumentCenter/View/82/Rent-Mediation-Program?bidId. The rent
increase dispute resolution ordinance is codified in Chapter 6.09 of the Campbell Municipal Code.
29 Id.
Item 2A - 6